Common use of Repairs and Maintenance Clause in Contracts

Repairs and Maintenance. (a) Landlord shall at its expense maintain only the roof, downspouts, gutters, foundation, utility lines located outside the Premises and the structural soundness of the (b) Tenant shall at its own cost and expense keep and maintain all parts of the Premises (except those for which Landlord is expressly responsible under the terms of this Lease) in good condition, promptly making all necessary repairs and replacements, including, but not limited to, windows, glass and plate glass, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debris. Tenant shall not be obligated to repair any casualty covered by the insurance to be maintained by Landlord pursuant to subparagraph 10(A) below. To the extent deemed necessary by Landlord, Landlord shall make available to Tenant for its use in effecting repairs, any warranties with respect to components of the Building. (c) Tenant shall enter into a maintenance contract providing for the periodic maintenance of all hot water, heating and air conditioning systems and units in the Premises, and removal and replacement of filters, and shall enter into a janitorial contract providing for the daily cleaning of the Premises. These contracts shall be with parties and upon such terms and conditions as shall be reasonably approved by Landlord. Tenant shall provide Landlord a copy of such contracts within thirty days of the Commencement Date. (d) Tenant shall not damage any demising wall of the Building, or disturb the integrity and support provided by any demising wall and shall, at its sole cost and expense, promptly repair any damage or injury to any demising wall caused by Tenant or its employees, agents or invitees. (e) Tenant and its employees, customers and licensees shall have the non-exclusive right to use the parking areas as may be designated by Landlord in writing, subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking shall be available at the Building for the non-exclusive use of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent to the Building near the entrance to the Premises that shall be marked as spaces for visitors. Landlord shall not be responsible for enforcing Tenant's parking rights against any third parties. Landlord may require, at its option, in its sole discretion, that Tenant, its employees, invitees, and visitors use certain numbered spaces to be designated by Landlord.

Appears in 1 contract

Samples: Lease Agreement (Tekelec)

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Repairs and Maintenance. Landlord shall, as an Operating Expense (a) Landlord shall at its expense except as excluded herein), promptly repair and maintain only in first class condition and repair the exterior roof, downspoutsincluding the roof membrane, guttersexterior walls, foundationskylights, utility lines located outside foundations and structural portions of the Premises Building and the structural soundness of the Project and the improvements within the Common Areas, and any sidewalks, landscaping (b) Tenant shall at its own cost and expense keep and maintain all parts of the Premises (except those for which Landlord is expressly responsible under the terms of this Lease) in good condition, promptly making all necessary repairs and replacements, including, including but not limited toto irrigation systems and backflow prevention devices), windowsParking Areas, glass fences and plate glasssigns located in the areas which are adjacent to the Building, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debris. Tenant shall not be obligated to repair any casualty covered by the insurance to be maintained by Landlord pursuant to subparagraph 10(A) below. To the extent deemed necessary by Landlord, Landlord shall make available to Tenant for its use in effecting repairs, any warranties with respect to components of the Building. 's systems (cplumbing, electrical, and HVAC) located outside the Building. Subject to the waivers set forth in Paragraph 15 and to the provisions of Paragraph 16, and except as otherwise covered by insurance, to the extent any such maintenance and repairs are caused by the negligent act, neglect or omission of any duty by Tenant or Tenant's employees, agents, contractors or invitees, then Tenant shall enter into a pay to Landlord, as Additional Rent, the entire cost of such maintenance contract providing for and repairs. Landlord shall not, however, be obligated to paint the periodic maintenance interior surface of all hot waterexterior walls, heating and air conditioning systems and units ceiling or doors, nor shall Landlord be required to maintain, repair or replace windows, doors, or plate glass. Tenant shall promptly notify Landlord in writing of any repair required to be made by Landlord within the Premises. Landlord shall have no obligation to alter, and removal and replacement remodel, improve, repair (other than repair of filtersstructural or load-bearing walls), and shall enter into a janitorial contract providing for decorate or paint the daily cleaning interior walls of the Premises. These contracts Unless otherwise provided herein, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with parties and upon such terms and conditions as shall be reasonably approved by Landlord. Tenant shall provide Landlord a copy Tenant's business arising from the making of such contracts within thirty days of the Commencement Date. (d) Tenant shall not damage any demising wall repairs, alterations or improvements in or to any portion of the Building, the Premises or disturb parking areas or in or to fixtures, appurtenances and equipment therein. Tenant expressly waives the integrity benefits of any statute (including, without limitation, the provisions of subsection 1 of Section 1932, Section 1941 and support provided by Section 1942 of the California Civil Code and any demising wall similar law, statute or ordinance now or hereafter in effect) which would otherwise afford Tenant the right to make repairs at Landlord's expense (or to deduct the cost of such repairs from rent due hereunder) or to terminate this Lease because of Landlord's failure to keep the Premises in good order, condition and shallrepair. In all other regards, Tenant, at its Tenant's sole cost and expense, shall keep, maintain and preserve the Premises in first class condition and repair and shall, promptly repair make all non-structural repairs and replacements to the Premises and every part thereof, including but not limited to floors, ceilings, windows and doors (with any damage or injury replacements of the same quality, specifications and finish as the existing windows and doors), interior walls, and the interior surfaces of the exterior walls, plumbing, heating, air conditioning and ventilating equipment within the Premises, telecommunications equipment and intrabuilding network cabling, fire/life safety systems, interior electrical and lighting facilities and equipment including circuit breakers and exterior lighting attached to any demising wall caused by the Premises. In the event Tenant or its employeesfails to perform Tenant's obligations under this Section, agents or invitees. Landlord shall give Tenant notice to do such acts as Landlord deems are reasonably required to so maintain the Premises. If Tenant, within fifteen (e15) Tenant days after notice from Landlord, fails to commence to do the work and its employeesdiligently prosecute it to completion, customers and licensees then Landlord shall have the non-exclusive right (but not the obligation) to use do such acts and expend such funds at the parking areas expense of Tenant as may be designated are reasonably required to perform such work. Any amount so expensed by Landlord in writing, subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking shall be available at the Building for the non-exclusive use of paid by Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent to the Building near the entrance to the Premises that shall be marked promptly after demand as spaces for visitors. Landlord shall not be responsible for enforcing Tenant's parking rights against any third parties. Landlord may require, at its option, in its sole discretion, that Tenant, its employees, invitees, and visitors use certain numbered spaces to be designated by LandlordAdditional Rent.

Appears in 1 contract

Samples: Lease (Intuitive Surgical Inc)

Repairs and Maintenance. (a) Landlord 15.01 Except at otherwise set forth herein, Tenant shall at its expense maintain only take good care of the roof, downspouts, gutters, foundation, utility lines located outside the Demised Premises and the structural soundness of the (b) Tenant shall fixtures and appurtenances therein, and at its own sole cost and expense keep shall make all repairs thereto, as and maintain when needed to preserve them in good working order and condition. In addition, except as otherwise set forth herein Tenant, at its expense, shall promptly make all parts repairs, ordinary or extraordinary, interior or exterior, structural or otherwise, in and about the Demised Premises and the Building as shall be required by reason of (i) the performance or existence of work by Tenant necessary to suit the Demised Premises to Tenant's initial occupancy or Tenant's Work (ii) the installation, use or operation of Tenant's property in the Demised Premises, (iii) the moving of Tenant's property in or out of the Premises Building, or (except those for which Landlord is expressly responsible under iv) the terms misuse or neglect of this Lease) in good conditionTenant or any of its employees, promptly making all necessary repairs and replacements, including, but not limited to, windows, glass and plate glass, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debrisagents or contractors. Tenant shall not be obligated responsible, and Landlord shall be responsible, for any repairs to repair the Demised Premises as are required by reason of Landlord's neglect or other fault in the manner of performing any casualty covered by work included in the insurance to Work Letter or Tenant's Work which may be maintained undertaken by Landlord pursuant to subparagraph 10(A) below. To the extent deemed necessary for Tenant's account or as are otherwise required by Landlord, reason of neglect or other fault of Landlord shall make available to Tenant for its use in effecting repairs, any warranties with respect to components of the Building. (c) Tenant shall enter into a maintenance contract providing for the periodic maintenance of all hot water, heating and air conditioning systems and units in the Premises, and removal and replacement of filters, and shall enter into a janitorial contract providing for the daily cleaning of the Premises. These contracts shall be with parties and upon such terms and conditions as shall be reasonably approved by Landlord. Tenant shall provide Landlord a copy of such contracts within thirty days of the Commencement Date. (d) Tenant shall not damage any demising wall of the Building, or disturb the integrity and support provided by any demising wall and shall, at its sole cost and expense, promptly repair any damage or injury to any demising wall caused by Tenant or its employees, agents or inviteescontractors. (e) 15.02 Landlord shall keep and maintain the Building and its fixtures, appurtenances, systems and facilities serving the Demised Premises, in good working order, condition and repair and shall make all structural repairs, interior and exterior, except as indicated in Section 15.01 as and when needed in the Building, except for those repairs for which Tenant is responsible pursuant to any other provisions of this Lease, and subject to all other provisions of this Lease, including but not limited to the provisions of Article 21. Landlord shall also keep and maintain the grounds, driveway, parking areas and sidewalks in good order, condition and repair and in compliance with all applicable governmental laws, ordinances and regulations. 15.03 Except as 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 or any tenant making any repairs or changes or performing maintenance services, whether or not Landlord is required or permitted by this Lease or by law to make such repairs or changes or to perform such services in or to any portion of the Building or the Demised Premises, or in or to the fixtures, equipment or appurtenances of the Building or the Demised Premises, provided that Landlord shall be reasonably diligent with respect thereto and shall perform such work, except in case of emergency, at times reasonably convenient to Tenant and its employeesotherwise in such manner and to the extent practical as will not unreasonably interfere with Tenant's use and occupancy of the Demised Premises. 15.04 During the term of this Lease, customers the Landlord shall make improvements, alterations and licensees shall have modifications to the non-exclusive right to use the parking areas Building and High Ridge Park as may be designated by Landlord in writingnecessary to comply with the requirements of the Americans with Disabilities Act. Said improvements, subject to reasonable rules alterations and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking modifications shall be available at done in a manner which is consistent with the Building for the non-exclusive use standards of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent to the Building near the entrance to the Premises that shall be marked as spaces for visitorsClass A office building in Stamford, Connecticut. Landlord shall also perform its obligations under this Lease, and shall maintain the Building and High Ridge Park, in accordance with all applicable laws and requirements of public authorities. 15.05 In the event that Landlord shall, as a result of Landlord's negligence or willful misconduct (and specifically not due to Unavoidable Delays) fail to provide any of the services to be responsible for enforcing provided by Landlord which are limited to HVAC, electricity, water or elevator service, and solely as a result thereof Tenant's parking rights against business is suspended and Tenant is unable to and does not use the Demised Premises for the conduct of its business for a period of five consecutive business days, Tenant shall be entitled to receive an equitable abatement of rent for any third parties. period in excess of said five consecutive days during which such services is interrupted, curtailed or suspended, provided that Tenant has given Landlord may require, at its option, in its sole discretion, that Tenant, its employees, invitees, notice of the loss of services and visitors use certain numbered spaces Landlord has failed to be designated by Landlordrestore said services within five business days after said notice.

Appears in 1 contract

Samples: Lease (Synapse Group Inc)

Repairs and Maintenance. 14.01. As of the Commencement Date, Subtenant shall take good care of the interior, non-structural portions of the Demised Premises. At Subtenant's sole cost and expense, Subtenant shall promptly make or cause to be made, all nonstructural maintenance repairs and replacements, to the interior, in and to the Demised Premises including without limitation all building equipment, glass, windows, doors, loading docks, loading bay doors, plumbing and electrical systems, heating, ventilation and air-conditioning ("HVAC") systems, and maintaining same and the Demised Premises in a clean and orderly condition, except Subtenant shall not be responsible for the foregoing arising out of (a) Landlord shall at its expense maintain only the rooffire or casualty, downspouts, gutters, foundation, utility lines located outside the Premises and the structural soundness of the or (b) Tenant shall Sublandlord's or its agents, employees or contractors', acts or omissions. 14.02. As of the Commencement Date, Sublandlord, at its own cost and expense keep expense, shall be responsible for all exterior and maintain structural repairs and replacements to the Demised Premises, the roof on the Demised Premises and all parts repairs and replacements to plumbing electrical systems located outside the Demised Premises and serving the Demised Premises. Notwithstanding the above, Subtenant shall be responsible for annual, normal and regular maintenance of the Premises roof above the Demised Premises, the cost of which shall not exceed Five Hundred (except those $500.00) Dollars, annually. 14.03. As of the Commencement Date, Sublandlord, at its own cost and expense, subject to Subtenant's obligations for which Landlord is expressly payment of Common Area Maintenance Charges under this Sublease, shall be responsible under for and shall take good care of the terms of this Lease) in good conditionCommon Areas, promptly making including without limitation, all necessary repairs and replacements, includingstriping, but not limited to, windows, glass snow and plate glass, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debris. Tenant shall not be obligated to repair any casualty covered by the insurance to be maintained by Landlord pursuant to subparagraph 10(A) below. To the extent deemed necessary by Landlord, Landlord shall make available to Tenant for its use in effecting repairs, any warranties with respect to components of the Buildingice removal. (c) Tenant shall enter into a maintenance contract providing for the periodic maintenance of all hot water, heating and air conditioning systems and units in the Premises, and removal and replacement of filters, and shall enter into a janitorial contract providing for the daily cleaning of the Premises. These contracts shall be with parties and upon such terms and conditions as shall be reasonably approved by Landlord. Tenant shall provide Landlord a copy of such contracts within thirty days of the Commencement Date. (d) Tenant shall not damage any demising wall of the Building, or disturb the integrity and support provided by any demising wall and shall, at its sole cost and expense, promptly repair any damage or injury to any demising wall caused by Tenant or its employees, agents or invitees. (e) Tenant and its employees, customers and licensees shall have the non-exclusive right to use the parking areas as may be designated by Landlord in writing, subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking shall be available at the Building for the non-exclusive use of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent to the Building near the entrance to the Premises that shall be marked as spaces for visitors. Landlord shall not be responsible for enforcing Tenant's parking rights against any third parties. Landlord may require, at its option, in its sole discretion, that Tenant, its employees, invitees, and visitors use certain numbered spaces to be designated by Landlord.

Appears in 1 contract

Samples: Space Sublease (Aftermarket Technology Corp)

Repairs and Maintenance. (a) Landlord shall Tenant shall, at its expense expense, throughout the term of this Lease, take good care of and maintain only the roof, downspouts, gutters, foundation, utility lines located outside in good order and condition the Premises and the fixtures (other than sanitary fixtures in the core bathrooms that were installed by Landlord) and improvements therein, including, without limitation, the property which is deemed Landlord’s pursuant to Section 12.01 hereof and Tenant’s Property, reasonable wear and tear, obsolescence and damage for which Tenant is not responsible pursuant to this Lease, excepted. The foregoing exclusion is not intended to imply any obligation on the part of Landlord to make repairs resulting from such causes, but to free Tenant from the mandatory obligation as opposed to the responsibility for repairs or maintenance the need for which arises from such causes. Except with regard to any repairs resulting from Landlord’s (or Landlord’s agents, contractors or any other persons under Landlord’s control) negligent or wrongful acts or omissions, Tenant shall be responsible for any non-structural soundness repairs in and to the interior of thethe Premises. Furthermore, Tenant shall be responsible for the cost of all repairs, interior and exterior, structural and non-structural, ordinary and extraordinary, foreseen or unforeseen, in and to the Building and the facilities and systems thereof and in and to the Premises the need for which arises out of: (a) the performance or use by Tenant of any Alterations in the Premises, (b) the moving of Tenant’s fixtures, furniture and equipment in or out of the Building, unless caused by the misuse, neglect or willful misconduct of Landlord, its agents, contractors, employees or any other persons under Landlord’s control, (c) the misuse, neglect or willful misconduct of Tenant or any of its subtenants or its or their employees, agents, contractors or any other persons under Tenant’s control, or (d) design flaws in any of Tenant’s plans and specifications regardless of the fact that such Tenant s plans may have been approved by Landlord; unless such plans and specifications were designed by the engineer then designated by Landlord, as provided in Section 11.02(c) hereof. After the Effective Date, Tenant, at its expense, shall be responsible for the repair, maintenance and replacement of all distribution portions of the systems and facilities of the Building within and exclusively serving the Premises, including, without limitation, the sanitary (if any) and electrical fixtures installed by Tenant and equipment therein but specifically excluding the base Building perimeter HVAC induction units. In the event Tenant shall install any executive bathrooms or showers in the Premises, Tenant shall be solely responsible for any maintenance, repair and/or replacement work and/or any damages to the Building that arises in connection therewith. All repairs in or to the Premises for which Tenant is responsible shall be performed by Tenant in a prompt manner and in accordance with Tenant’s obligations under this Lease; provided, however, any repairs in and to the Building and the facilities and systems thereof for which Tenant is responsible shall be performed by Landlord at Tenant’s expense, at reasonable, commercially competitive rates. The exterior walls of the Building, the portions of any window xxxxx outside the windows, and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts the Building and all responsibility for the maintenance, upkeep, repair and replacement thereof. (b) Tenant shall Landlord shall, at its own cost and expense expense, keep and maintain all parts of the Premises (except those for which Landlord is expressly responsible under the terms of this Lease) Building in good condition, promptly making all necessary repairs repair and replacements, including, but not limited to, windows, glass and plate glass, doors, any special in a condition comparable to similar first-class office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debrisbuildings in the Wall Street area. Tenant shall not be obligated Except to repair any casualty covered by the insurance to be maintained by Landlord pursuant to subparagraph 10(A) below. To the extent deemed necessary by LandlordTenant is responsible for the same in accordance with the provisions of subsection 13.01(a) hereof, Landlord shall make available all necessary repairs (structural and non-structural) to Tenant for its use in effecting repairs, any warranties with respect to components of the Building. (c) Tenant shall enter into a maintenance contract providing for the periodic maintenance of all hot water, heating facilities and air conditioning systems and units in the Premises, and removal and replacement of filters, and shall enter into a janitorial contract providing for the daily cleaning of the Premises. These contracts shall be with parties and upon such terms and conditions as shall be reasonably approved by Landlord. Tenant shall provide Landlord a copy of such contracts within thirty days of the Commencement Date. (d) Tenant shall not damage any demising wall of the Building, or disturb the integrity public portions and support provided by any demising wall common areas of the Building, the structural components of the Building and shallthe public portions of the Land. Landlord shall be responsible, at its sole cost and expense, promptly repair for repairing any damage to the Premises caused by Landlord’s misuse, willful misconduct or negligent act or omission or that of its agents, employees, contractors or any other person or entity under Landlord’s control. Landlord shall perform and complete any such repair upon reasonable advance notice to Tenant in accordance with Section 16.03 hereof and in such a manner as to minimize interference with Tenant’s use of the Premises. However, nothing contained herein shall be construed to require Landlord to perform such repairs on an overtime or premium-pay basis unless (i) the performance of such work during Business Hours would have a material adverse affect on the conduct of Tenant’s business in the Premises, would substantially interfere with access to the Building or the Premises or would result in the stoppage of any Building systems; or (ii) such overtime or premium-pay basis is required to expedite the cure of a condition which presents an immediate danger to persons or property within the Premises. 13.02. Tenant shall give Landlord prompt notice of any defective condition of which Tenant has actual knowledge in any of the Building systems such as the plumbing, heating, air-conditioning or ventilation system or electrical lines located in, servicing or passing through the Premises. Following such notice, Landlord shall promptly remedy the conditions at the expense of the party that is responsible for same under the provisions of this Article 13. 13.03. Except as otherwise expressly provided in this Lease, Landlord shall have no liability to Tenant, nor shall Tenant’s covenants and obligations under this Lease be reduced or abated in any manner whatsoever, by reason of any inconvenience, annoyance, interruption or injury arising from Landlord’s making any repairs or changes which Landlord is required or permitted by this Lease, or required by law, to make in or to the fixtures, equipment or appurtenances of the Building or the Premises. Notwithstanding the foregoing or anything else to the contrary contained in this Lease, if for any demising wall caused reason other than as a direct result of the affirmative act or omission (where Tenant had a duty to act) of Tenant, Tenant is unable to operate and ceases the conduct of its normal business in all or in a portion of the Premises comprised of not less than 12,000 contiguous rentable square feet (such portion of the Premises being hereinafter referred to as the “Unusable Area”) and all of Tenant’s employees vacate the entire Premises or the Unusable Area, as the case may be, for a period in excess of five (5) consecutive Business Days (hereinafter called the “Threshold Period”), then beginning upon the day following the expiration of the Threshold Period and continuing thereafter until the date that Tenant resumes the normal conduct of its business in the Premises or the Unusable Area, as the case may be, or the date on which the same are once again usable by Tenant for the normal operation of its business, whichever occurs earlier, the Fixed Rent and Additional Charges payable pursuant to Article 3 hereof shall be fully abated in the event the entire Premises is unusable or abated in the proportion that the number of rentable square feet in the Unusable Area bears to the number of rentable square feet in the entire Premises, as the case may be. If the Premises or the Unusable Area shall remain untenantable for a period of 420 consecutive days and throughout such 420-day period Tenant ceases to conduct its business in the Premises or the Unusable Area, as the case may be, and none of Tenant’s employees use the Premises or the Unusable Area, as the case may be, for the conduct of business therein, then Tenant shall, upon notice to Landlord given within ten (10) days following the expiration of such 420-day period, be permitted to terminate this Lease in whole (if the entire Premises shall have been so unusable) or with respect to the Unusable Area only, as the case may be. Inspections by Tenant or its employeesattempts by Tenant to retrieve records, agents or invitees. (e) Tenant personal property and its employees, customers and licensees shall have the non-exclusive right to use the parking areas as may be designated by Landlord in writing, subject to reasonable rules and regulations as Landlord may equipment from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking shall be available at the Building for the non-exclusive use of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent to the Building near the entrance to the Premises that shall be marked as spaces for visitors. Landlord or the Unusable Area shall not be responsible for enforcing Tenant's parking rights against any third parties. Landlord may require, at its option, in its sole discretion, that Tenant, its employees, invitees, and visitors use certain numbered spaces to be designated by Landlorddeem said space tenantable.

Appears in 1 contract

Samples: Settlement Agreement (Ambac Financial Group Inc)

Repairs and Maintenance. (a) Landlord shall at its expense maintain only the roof, downspouts, gutters, foundation, utility lines located outside the Premises and the structural soundness of the (b) Tenant shall at its own cost and expense keep and maintain all parts of the Premises (except those for which Landlord is expressly responsible under the terms of this Lease) in good condition, promptly making all necessary repairs and replacements, including, but not limited to, windows, glass and plate glass, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debris. Tenant shall not be obligated to repair any casualty covered by the insurance to be maintained by Landlord pursuant to subparagraph 10(A) below. To the extent deemed necessary by Landlord, Landlord shall make available to Tenant for its use in effecting repairs, any warranties with respect to components of the Building. (c) Tenant shall enter into a maintenance contract providing for the periodic maintenance of all hot water, heating and air conditioning systems and units in the Premises, and removal and replacement of filters, and shall enter into a janitorial contract providing for the daily cleaning of the Premises. These contracts shall be with parties and upon such terms and conditions as shall be reasonably approved by Landlord. Tenant shall provide Landlord a copy of such contracts within thirty days of the Commencement Date. (d) Tenant shall not damage any demising wall of the Building, or disturb the integrity and support provided by any demising wall and shallwill, at its sole cost and expense, promptly maintain in good order and repair the Premises, and all of its fixtures, systems, equipment (excluding the HVAC units) and improvements including, without limitation, all interior portions of the Premises, interior walls, floors, ceilings, signs, lights, doors and windows, in a clean, safe, orderly and sanitary condition free of accumulation of dirt and rubbish, which obligation shall include, without limitation, providing janitorial service, unstopping drains, changing HVAC filters (if accessible inside the Premises) and installing bulbs, starters and ballasts for lighting fixtures. Tenant will not do or suffer any damage waste or injury with respect to the Premises, and shall take every action reasonably necessary or appropriate for the preservation and safety of the Premises. Upon prior reasonable notice (except in case of emergency when notice will not be required), Tenant will permit Landlord and its agents or representatives to enter the Premises during usual business hours for the purposes of (i) inspecting the same, (ii) verifying compliance or non-compliance by Tenant with its obligations hereunder and the existence or non-existence of any default hereunder, (iii) if Tenant fails to do so, performing any work which may be necessary to comply with any laws, ordinances, rules, regulations, or requirements of any public authority, or which may be necessary to prevent waste or deterioration in connection with the Premises, and (iv) exhibiting the Premises during the Initial Lease Term or any renewal thereof to any demising wall caused by Tenant lender, purchaser, prospective tenant or its employees, agents other interested parties. Nothing in this Section imposes any duty upon the part of Landlord to do any such work or invitees. (e) Tenant and its employees, customers and licensees shall have the non-exclusive right to use the parking areas as may be designated by Landlord in writing, subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking shall be available at the Building for the non-exclusive use of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent to the Building near the entrance make any repairs to the Premises that shall be marked of any kind whatsoever, except as spaces for visitorsspecifically provided herein, and the performance thereof by Landlord will not constitute a waiver of Tenant's default in failing to perform the same. Tenant hereby waives all statutory or other right to make repairs at the expense of Landlord. Landlord shall will promptly, after Tenant has given Landlord notice of the necessity therefor, make all repairs required to be made by Landlord under Section 6.2, provided, however, that Landlord will not in any event be liable, nor will Tenant be entitled to any abatement or setoff or deduction from rent, nor will the obligations of Tenant under this Lease be affected in any manner whatsoever, for inconvenience, annoyance, disturbance, loss of business or other damage of Tenant or any other occupant of the Premises, or any part thereof, by reason of (i) making repairs, the performing of any work on the Premises or any noise, vibration or other disturbance, (ii) bringing materials, supplies and equipment into or through the Premises, or (iii) the Premises being rendered wholly or partially untenantable because of Landlord's failure to make any repairs required to be made hereunder by Landlord. Landlord will exercise due diligence not to interfere with Tenant's business operation, but will not be responsible for enforcing Tenant's parking rights against any third parties. Landlord may require, at its option, in its sole discretion, that Tenant, its employees, invitees, and visitors use certain numbered spaces required to be designated by Landlordemploy overtime labor to avoid such interference.

Appears in 1 contract

Samples: Lease Agreement (Englobal Corp)

Repairs and Maintenance. (a) 18.1 Landlord shall at its expense repair and maintain only the roof, downspouts, gutters, foundation, utility lines located outside structural and exterior portions and Common Area of the Premises Building and the Project, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural soundness of the slabs); exterior walls; base Building plumbing; fire sprinkler systems (b) Tenant shall at its own cost and expense keep and maintain all parts of if any); base Building HVAC systems up to the first damper or isolation valve that serves the Premises (except those for which Landlord is expressly responsible under purposes of clarity, the terms of this Lease) in good condition, promptly making all necessary repairs and replacements, including, but not limited to, windows, glass and plate glass, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debris. Tenant shall not be obligated to repair any casualty covered by the insurance to be maintained by Landlord pursuant to subparagraph 10(A) below. To the extent deemed necessary by Landlord, Landlord shall make available to Tenant for its use in effecting repairs, any warranties with respect to components portion of the Building. (c) Tenant shall enter HVAC system that includes such first damper or isolation valve and extends into a maintenance contract providing for the periodic maintenance of all hot water, heating and air conditioning systems and units in through the Premises, and removal any supplemental HVAC serving the Premises shall not be part of the base Building HVAC and replacement shall be Tenant’s obligation to maintain and repair pursuant to Section 18.2 below); elevators; and base Building electrical systems installed or furnished by Landlord. 18.2 Except for services of filtersLandlord, if any, required by Section 18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises (including but not limited to the portion of the HVAC system that includes the first damper or isolation valve and extends into and through the Premises, any supplemental HVAC serving the Premises, and shall enter into a janitorial contract providing for the daily cleaning of any other systems or equipment exclusively serving the Premises. These contracts shall be with parties ) and upon such terms every part thereof in good condition and conditions as shall be repair, damage thereto from ordinary wear and tear excepted, and shall, within fifteen (15) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably approved by Landlordrequests. Tenant shall provide shall, upon the expiration or sooner termination ofthe Term, surrender the Premises to Landlord in as good a copy of such contracts within thirty days of condition as when received, ordinary wear and tear excepted and with the Commencement Date. (d) Tenant shall not damage any demising wall of Improvements in substantially the Buildingsame condition as existed upon substantial completion thereof, or disturb the integrity and support provided by any demising wall and shall, at its Landlord’s request and Tenant’s sole cost and expense, promptly remove all telephone and data systems, wiring and equipment from the Premises, and repair any damage or injury to any demising wall caused by Tenant or its employees, agents or invitees. (e) Tenant and its employees, customers and licensees shall have the non-exclusive right to use the parking areas as may be designated by Landlord in writing, subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking shall be available at the Building for the non-exclusive use of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent to the Building near the entrance to the Premises that caused thereby. Landlord shall be marked as spaces for visitors. have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof. 18.3 Landlord shall not be responsible liable for enforcing Tenant's parking 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 against under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.4 If any third parties. Landlord may requireexcavation shall be made upon land adjacent to or under the Building, at its option, in its sole discretion, that Tenant, its employees, invitees, and visitors use certain numbered spaces or shall be authorized to be designated 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 and to support the same by Landlordproper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease. 18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the 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 (Codex DNA, Inc.)

Repairs and Maintenance. (a) Landlord shall at its expense maintain only the roof7.1 The Landlord, downspoutsshall, gutterswith due diligence, foundation, utility lines located outside the Premises and the structural soundness of the (b) Tenant shall at its own cost and expense expense, make all repairs to the interior load bearing walls or members, exterior bearing walls, foundation and roof, provided that any damage to the foregoing is not caused by the negligence of the Tenant, its servants, employees, invitees or agents. The Tenant shall, at its own cost and expense, however, repair and maintain the roof leaders, flashings, metal gravel stops, gutters and drains and shall keep the same free and clear of any debris applicable to Tenant's leased premises (____________ feet). The obligation of the Landlord to make the foregoing repairs is expressly subject to the Tenant giving to the Landlord written notice of defects or need for repairs to the exterior bearing walls, foundation, or to the roof of the Building. The Building shall be initially painted by the Landlord according to the plans and specifications herein referred to prior to delivery of the leased premises to the Tenant, and thereafter the Tenant shall maintain, paint and repair the exterior of the leased premises (except for the Landlord's obligations to make repairs to the extent hereinabove set forth in paragraph 7.1 and in paragraph 6). 7.2 The Tenant shall, except as provided in Paragraphs 6 and 7.1 above, take good care of the leased premises and, at its cost and expense, keep and maintain all parts in good repair the interior and exterior of the Premises (except those for which Landlord is expressly responsible under the terms of this Lease) in good condition, promptly making all necessary repairs and replacementsleased premises, including, but not limited toto the floor, windowsthe air-conditioning and heating plant, glass the plumbing, pipes and plate glassfixtures belonging thereto; and shall replace all mechanical and working parts used in connection with the air-conditioning, doors, any special office entry, interior walls, finish work, floors and floor coveringelectrical, heating and air conditioning plumbing plants, fixtures and systems, dock boardsincluding ballasts and fluorescent fixtures; and shall keep the water and sewer pipes and connections free from ice and other obstructions and shall generally maintain, truck doorsrepair and replace the gutters, dock bumpersleaders, plumbing work flashings, metal gravel stops and fixtures roof drains; and regular removal of trash shall generally maintain and debris. Tenant shall not be obligated to repair any casualty covered by the insurance to be maintained by Landlord pursuant to subparagraph 10(A) below. To the extent deemed necessary by Landlord, Landlord shall make available to Tenant for its use in effecting repairs, any warranties with respect to components interior and exterior of the Building. (c) Tenant shall enter into a maintenance contract providing for the periodic maintenance of all hot water, heating and air conditioning systems and units in the Premises, and removal and replacement of filters, and shall enter into a janitorial contract providing for the daily cleaning of the Premises. These contracts shall be with parties and upon such terms and conditions as shall be reasonably approved by Landlord. Tenant shall provide Landlord a copy of such contracts within thirty days of the Commencement Date. (d) Tenant shall not damage any demising wall of the Building, or disturb the integrity and support provided by any demising wall leased premises and shall, at its sole cost the end of the expiration of the term, deliver up the leased premises in good order and expensecondition, promptly repair damages by the elements, ordinary wear and tear excepted. The Tenant covenants and agrees that it shall not cause or permit any waste (other than reasonable wear and tear), damage or injury disfigurement to the leased premises, or any demising wall caused by Tenant or its employeesoverloading of the floors of the buildings, agents or inviteesconstituting part of the demised premises. 7.3 The Landlord shall (ei) Tenant maintain and its employeesrepair the lawns, customers shrubbery, driveways and licensees shall have the non-exclusive right to use parking areas; and (ii) keep the parking areas as may be designated by Landlord in writingarea and driveways, subject to reasonable rules sidewalks and regulations as Landlord may from time to time prescribe steps of the demised premises free and subject to rights clear of ingress ice and egress of other tenants. Parking snow; and the Tenant shall be available at the Building for the non-exclusive use of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent annually pay to the Building near Landlord 45.45% of the entrance cost of such maintenance and repair. The Landlord shall furnish Tenant with a certified breakdown of the costs applicable to the Premises that above. The Tenant shall be marked as spaces for visitors. Landlord shall not be responsible for enforcing Tenant's parking rights against any third parties. Landlord may require, at its option, in its sole discretion, that Tenant, its employees, invitees, and visitors use certain numbered spaces to be designated by Landlordmake such payment within twenty (20) days after written demand.

Appears in 1 contract

Samples: Lease Agreement (Brake Headquarters U S a Inc)

Repairs and Maintenance. (a) Landlord shall at its expense maintain only the roofTenant shall, downspouts, gutters, foundation, utility lines located outside the Premises and the structural soundness of the (b) Tenant shall at its own cost and expense keep expense, maintain the structural and maintain all parts non-structural portions of the Premises (except those for which Landlord is expressly responsible under the terms of this Lease) in good conditionand tenantable condition consistent with a first class retail premises and otherwise in compliance with all applicable federal, promptly making state and local laws, rules, regulations, orders and guidelines now or hereafter in force, and make all necessary repairs to the Premises and replacements, includingevery part thereof as needed. Tenant’s obligations under this Section shall include, but not be limited to, windowsmodifying, glass repairing, replacing, installing and plate glassmaintaining, doorsas applicable, the following: items as are required by any special office entrygovernmental agency having jurisdiction thereof (whether the same is ordinary or extraordinary, interior foreseen or unforeseen); the roof, exterior walls, finish workstructural columns and structural floor or floors of the Premises in good condition interior walls and glass; the interior portions of exterior walls; ceilings; utility meters exclusively serving the Premises (including those outside the Premises if they exclusively serve the Premises); pipes and conduits within the Premises exclusively serving the Premises; all pipes and conduits outside the Premises exclusively serving the Premises between the Premises and the service meter; all fixtures; heating, floors and floor covering, heating ventilating and air conditioning systems(“HVAC”) system exclusively serving the Premises (including all components thereof whether located inside or outside the Premises); sprinkler equipment and other equipment within the Premises exclusively serving the Premises; the storefront and all exterior glass; all of Tenant’s signs (both interior and exterior); locks and closing devices; all window sashes, dock boardscasements or frames, truck doorsdoors and door frames; and any alterations, dock bumpersadditions or changes performed by or on behalf of Tenant (whether structural or non-structural); provided that Tenant shall make no adjustment, plumbing work alteration or repair of any part of any sprinkler or sprinkler alarm system in or serving the Premises without Landlord’s prior approval. All broken glass, both exterior and fixtures interior, shall be promptly replaced by Tenant with glass of the same kind, size and regular removal of trash and debrisquality. Tenant shall not be obligated to repair any casualty covered by the insurance to be maintained by Landlord pursuant to subparagraph 10(A) below. To the extent deemed necessary by Landlordresponsible for providing all janitorial, Landlord shall make available to Tenant for its use in effecting repairs, any warranties with respect to components of the Building. (c) Tenant shall enter into a maintenance contract providing for the periodic maintenance of all hot water, heating cleaning and air conditioning systems and units in the Premises, and removal and replacement of filters, and shall enter into a janitorial contract providing for the daily cleaning of pest control services within the Premises. These contracts All such services shall be provided in accordance with parties and upon such terms and conditions as shall be reasonably approved by Landlordstandards customarily maintained for similar first class retail locations. Tenant shall provide Landlord a copy of such contracts within thirty days of the Commencement Date. (d) Tenant shall not damage any demising wall of the Buildingpermit no waste, 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 the Premises and Tenant shall initiate and carry out a program of regular maintenance and repair of the Premises, including the painting or its employeesrefinishing of all areas of the interior and the storefront, agents or invitees. (e) Tenant and its employeesso as to impede, customers and licensees shall have the non-exclusive right to use the parking areas as may be designated by Landlord in writing, subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking shall be available at the Building for the non-exclusive use of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent to the Building near extent possible, deterioration by ordinary wear and tear and to keep the entrance to same in attractive condition. Tenant will not overload the electrical wiring serving the Premises that shall be marked as spaces for visitorsand will install, at its expense, with Xxxxxxxx’s written approval, any additional electrical wiring required in connection with Tenant’s apparatus. Landlord shall not be responsible under no obligation to make any repairs, replacements, reconstruction, alterations, or improvements to or upon the Premises or the mechanical equipment exclusively serving the Premises except as expressly provided for enforcing Tenant's parking rights against any third parties. Landlord may require, at its option, in its sole discretion, that Tenant, its employees, invitees, and visitors use certain numbered spaces to be designated by Landlordherein.

Appears in 1 contract

Samples: Absolute Net Lease Agreement (Zoned Properties, Inc.)

Repairs and Maintenance. (a) Landlord 14.01 Tenant shall at its expense maintain only take good care of the roof, downspouts, gutters, foundation, utility lines located outside the Demised Premises and the structural soundness of the (b) Tenant shall fixtures and appurtenances therein, and at its own sole cost and expense keep shall make all repairs thereto, as and maintain when needed to preserve them in good working order and condition except as otherwise provided in Section 14.02 hereof. In addition, Tenant, at its expense, shall promptly make all parts repairs, ordinary or extraordinary, interior or exterior, structural or otherwise, in and about the Demised Premises and the Building as shall be required by reason of (i) the performance or existence of work by Tenant necessary to suit the Demised Premises to Tenant's initial occupancy or in connection with Tenant's Changes, (ii) the installation, use or operation of Tenant's Property in the Demised Premises, (iii) the moving of Tenant's Property in or out of the Premises Building, or (except those for which Landlord is expressly responsible under iv) the terms misuse or neglect of this Lease) in good conditionTenant or any of its employees, promptly making all necessary repairs and replacements, including, but not limited to, windows, glass and plate glass, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debrisagents or contractors. Tenant shall not be obligated responsible, and Landlord shall be responsible, for any repairs to repair the Demised Premises as are required by reason of Landlord's neglect or other fault in the manner of performing any casualty covered by the insurance Work provided for in Article 3 which Landlord is to perform in Tenant's Changes which may be maintained undertaken by Landlord pursuant to subparagraph 10(A) below. To the extent deemed necessary for Tenant's account or are otherwise required by Landlord, reason of neglect or other fault of Landlord shall make available to Tenant for its use in effecting repairs, any warranties with respect to components of the Building. (c) Tenant shall enter into a maintenance contract providing for the periodic maintenance of all hot water, heating and air conditioning systems and units in the Premises, and removal and replacement of filters, and shall enter into a janitorial contract providing for the daily cleaning of the Premises. These contracts shall be with parties and upon such terms and conditions as shall be reasonably approved by Landlord. Tenant shall provide Landlord a copy of such contracts within thirty days of the Commencement Date. (d) Tenant shall not damage any demising wall of the Building, or disturb the integrity and support provided by any demising wall and shall, at its sole cost and expense, promptly repair any damage or injury to any demising wall caused by Tenant or its employees, agents or inviteescontractors. 14.02 Landlord shall keep and maintain the Building and its fixtures, appurtenances, systems and facilities (e) including the heating, ventilating and air-conditioning systems and the central or core elevator and plumbing systems), serving the Demised Premises, in good working order, condition and repair and shall make all structural repairs, interior and exterior, except as indicated in the second sentence of Section 14.01, as and when needed in the Building, except for those repairs for which Tenant is responsible pursuant to any other provisions of this Lease, and subject to all other provisions of this Lease, including but not limited to the provisions of Article 22. 14.03 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 or any tenant making any repairs or changes or performing maintenance services, whether or not Landlord is required or permitted by this Lease or by law to make such repairs or changes or to perform such services in or to any portion of the Building or Demised Premises, or in to the fixtures, equipment or appurtenances of the Building or the Demised Premises, provided that Landlord shall be reasonably diligent with respect thereto and shall perform such work, except in case of emergency, at times reasonably convenient to Tenant and otherwise in such manner and to the extent practical as will not unreasonably interfere with Tenant's use and occupancy of the Demised Premises. 14.04 When used in this Lease the term "repair" shall be deemed to include restoration and replacements as may be necessary to achieve and/or maintain good working order and condition. ARTICLE 15 -- SECURITY DEPOSIT .01. In the event of any default by Tenant, Landlord may apply or retain all or any part of the security to cure the default or to reimburse Landlord for any sum which Landlord may spend by reason of the default. In the case of every such application or retention Tenant shall, on demand, pay to Landlord the sum so applied or retained which shall be added to the Security Deposit so that the same shall be restored to its employeesoriginal amount. If at the end of the Term Tenant shall not be in default under this Lease, customers the Security Deposit, or any balance thereof, shall be returned to Tenant, within thirty (30) days after the Expiration Date. In the event of a sale of the land and licensees Building or leasing of the Building, of which the Demised Premises form a part, Landlord shall have the non-exclusive right to use transfer the parking areas security to the vendor or lessee and Landlord shall thereupon be released by Tenant from all liability for the return of such security; and Tenant agrees to look to the new Landlord solely for the return of said security; and it is agreed that the provision hereof shall apply to every transfer or assignment of the security to a new Landlord. Tenant further covenants that it will not assign or encumber or attempt to assign or encumber the monies deposited herein as may be designated by security and neither the Landlord in writing, subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking nor its successors or assign shall be available at the Building for the non-exclusive use of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent to the Building near the entrance to the Premises that shall be marked as spaces for visitors. Landlord shall not be responsible for enforcing Tenant's parking rights against bound by any third parties. Landlord may requiresuch assignment, at its optionencumbrance, in its sole discretion, that Tenant, its employees, invitees, and visitors use certain numbered spaces to be designated by Landlordattempted assignment or attempted encumbrance.

Appears in 1 contract

Samples: Lease Agreement (Eventures Group Inc)

Repairs and Maintenance. 18.1 Subject to reimbursement by Tenant as its Pro Rata Share of Operating Expenses to the extent provided by Article 7, and subject to the provisions of Article 22 (aDamage and Destruction) and 23 (Eminent Domain), Landlord shall repair, replace and maintain the structural and exterior portions of the Building, Project and Common Areas, including foundations, exterior walls, load bearing walls, windows, plate glass, roofing, and roofing covering materials, and plumbing, fire sprinkler system, heating, ventilating, air conditioning and electrical systems installed or furnished by Landlord (and not part of the Tenant Improvements). 18.2 Subject to the provisions of Article 7 (Operating Expenses), Article 22 (Damage and Destruction) and Article 23 (Eminent Domain), and 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 Tenant Improvements Tenant is required to surrender to the Landlord in accordance with this Lease, and every part thereof, in good condition and repair, and the Premises tendered by Landlord to Tenant, and every part thereof, in the same condition as received on the date hereof, except for damage to the Premises or such Tenant Improvements from causes beyond the reasonable control of Tenant, damages from casualties, condemnation, Hazardous Materials not placed on or about the Premises by Tenant, its expense maintain only assignees or subtenants or their respective agents, employees, contractors, and ordinary wear and tear. Tenant shall upon the roof, downspouts, gutters, foundation, utility lines located outside expiration or earlier termination of the term hereof surrender the Premises and the structural soundness Required Surrender Improvements to Landlord in the same condition as required by the prior sentence. 18.3 If Landlord fails to commence any repair, replacement or maintenance work required of the Landlord under Section 18.1 within two (2) business days after Landlord receives Tenant’s written notice of the need for such repairs or maintenance (or such period of time in excess of two (2) business days as is commercially reasonably necessary based upon the nature of such work or the need for permits or other governmental approvals), and such failure materially adversely impairs Tenant’s use of the Premises as provided in this Lease, then Tenant shall be permitted to make such repairs, replacement or maintenance, provided that (i) the cost of such repairs, replacement or maintenance does not exceed Ten Thousand Dollars ($10,000.00); (ii) does not materially adversely impact the (a) base Building systems, (b) Tenant shall at its own cost and expense keep and maintain all parts of the Premises (except those for which Landlord is expressly responsible under the terms of this Lease) in good condition, promptly making all necessary repairs and replacements, including, but not limited to, windows, glass and plate glass, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debris. Tenant shall not be obligated to repair any casualty covered by the insurance to be maintained by Landlord pursuant to subparagraph 10(A) below. To the extent deemed necessary by Landlord, Landlord shall make available to Tenant for its use in effecting repairs, any warranties with respect to components of the Building. (c) Tenant shall enter into a maintenance contract providing for the periodic maintenance of all hot water, heating and air conditioning systems and units in the Premises, and removal and replacement of filters, and shall enter into a janitorial contract providing for the daily cleaning of the Premises. These contracts shall be with parties and upon such terms and conditions as shall be reasonably approved by Landlord. Tenant shall provide Landlord a copy of such contracts within thirty days of the Commencement Date. (d) Tenant shall not damage any demising wall structural integrity of the Building, or disturb (c) foundation, roof, structure, or exterior appearance of the integrity and support provided by any demising wall and shallBuilding, at its sole cost and expense, promptly repair any damage or injury to any demising wall caused by Tenant or its employees, agents or invitees. (eiii) Tenant first gives Landlord an additional two (2) business days’ prior written notice indicating that Tenant intends to undertake such repairs, replacement or maintenance, and its employees(iv) Landlord fails to commence such repairs or maintenance within such two (2) business day period. If Tenant performs any repairs or maintenance as permitted under this Section 18.3, customers and licensees Tenant shall have the non-exclusive right to use the parking areas as may be designated only vendors and/or contractors approved by Landlord in writingits reasonable discretion and Landlord agrees to promptly reimburse Tenant for the reasonable, subject actual and documented costs of such repairs, replacement or maintenance performed by Tenant, but without any offset rights against Rent or any other amounts payable by Tenant under this Lease, within thirty (30) days after receipt of paid invoices therefore (including appropriate back-up documentation). Any repairs, replacement or maintenance performed by Tenant pursuant to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking this Section 18.3 shall be available at done in accordance with the provisions of this Lease. 18.4 Notwithstanding Section 18.3 above, in the event of an interruption of Essential Services to the Premises, Tenant shall be permitted to make such repairs, replacement or maintenance work which would otherwise be required of Landlord under Section 18.1 provided that (i) Tenant immediately notifies both Landlord and Landlord’s Local Representative [as identified in Section 2.1.8] by both formal notice, as set forth in Section 42.11, and informal (emergency) notice by phone, voice mail or electronic mail, as the case may be, that an interruption to Essential Services has occurred and that Tenant intends to undertake such repairs, replacement or maintenance as permitted in this Section 18.4; (ii) the cost of such repairs, replacement or maintenance does not exceed Ten Thousand Dollars ($10,000.00); further provided, however, that this cost cap may be waived in writing by Landlord, which waiver shall not be unreasonably withheld, conditioned or delayed; (iii) does not materially adversely impact the (a) base Building systems, and (b) structural integrity of the Building, or (c) foundation, roof, structure, or exterior appearance of the Building; and (iv) any repairs, replacement or maintenance performed by Tenant pursuant to this Section 18.4 shall be done in accordance with the provisions of this Lease. If Tenant performs any repairs, replacement or maintenance as permitted under this Section 18.4, Tenant shall use only vendors and/or contractors approved by Landlord in its reasonable discretion and Landlord agrees to promptly reimburse Tenant for the nonreasonable, actual and documented costs of such repairs, replacement or maintenance performed by Tenant, but without any offset rights against Rent or any other amounts payable by Tenant under this Lease, within thirty (30) days after receipt of paid invoices therefore (including appropriate back-exclusive use up documentation). In the event of Tenant at a ratio material interruption of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent to the Building near the entrance Essential Services to the Premises that which does not otherwise fall within the limitations on Tenant’s rights set forth above, Landlord and Tenant shall collectively use commercially reasonable efforts to restore Essential Services to the Premises as soon as reasonably possible. 18.5 There shall be marked as spaces for visitorsno abatement of Rent and no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Premises, or in or to improvements, fixtures, equipment and personal property therein unless such injury or interference is unreasonable and is the result of Landlord’s grossly negligent or willful act or omission. 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. 18.6 Notwithstanding any of the foregoing, in the event of a fire, earthquake, flood, war or other similar cause of damage or destruction, this Article shall not be responsible for enforcing Tenant's parking rights against any third parties. Landlord may requireapplicable and the provisions of Article 22, at its option, in its sole discretion, that Tenant, its employees, invitees, entitled “Damage or Destruction,” shall apply and visitors use certain numbered spaces to be designated by Landlordcontrol.

Appears in 1 contract

Samples: Lease (Icagen Inc)

Repairs and Maintenance. (a) Landlord Owner shall at its expense maintain only be responsible for repair and maintenance of the foundation, floors (beneath the carpet or other floor covering), roof, downspoutsthe exterior walls (excluding all glass windows, gutterswindow frames and doors), foundation, utility lines located outside the Premises and the structural soundness of theelectrical service to the wall box (before any Tenant finish), the plubing to the wall stubs and common areas. Owner shall also be responsible for the preventative maintenance contract for the roof mounted air conditioning and heating apparatus. Tenant shall pay for these items as provided for in Rider I.(1) (b) Tenant shall at its own cost and expense keep use, operate and maintain all parts of the Premises (except those for which Landlord is expressly responsible under and its systems, including all fixtures and equipment installed by Tenant, in such manner as to keep the terms of this Lease) same in good order and condition, promptly making all necessary repairs and replacementsreplacements necessary to maintain such good order and condition all at Tenant's expense, including, including but not limited to, windowsplumbing from the wall stubs, glass electrical service from the wall box, sewer, water and plate heating pipes from the exterior wall, and all glass, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debris. Tenant shall be responsible for the maintenance (other than preventative maintenance) and repair and/or replacement of any heating, ventilating, air conditioning, plumbing, electrical or other systems and fixtures installed solely to service the Premises, whether installed or paid for by Owner or Tenant. The performance by Tenant of its obligations to maintain the Premises shall be conducted only by contractors approved in writing by Owner, it being understood that Tenant shall procure and maintain and shall cause contractors engaged by or on behalf of Tenant to procure and maintain insurance coverage against such risks and in such amounts as Owner may require, including but not be obligated limited to Workmen's Compensation Insurance (as required under the Workmen's Compensation Act of Colorado), issued by such companies as Owner may approve, in connection with such maintenance. If Tenant fails to make any repair any casualty covered by within fifteen (15) days after the insurance occurence of the damage necessitating same, or fails to cause other maintenance to be maintained by Landlord pursuant to subparagraph 10(Aperformed within fifteen (15) below. To the extent deemed necessary by Landlord, Landlord shall make available to Tenant for its use in effecting repairs, any warranties with respect to components days after notice from Owner of the Buildingneed therefor, Owner at its option may make such repair, or cause such other maintenace to be performed, and tenant, shall on demand therefor, pay Owner for the cost thereof, with interest thereon at the Reimbursement Interest Rate from the due date until paid. At the Ending Date of Term or other termination of this Lease, Tenant shall deliver up the Premises including all Alterations (except as otherwise herein provided), in good repair and condition, reasonable wear and tear excepted, and shall deliver to Owner all keys to the Premises. (c) Tenant shall enter into a maintenance contract providing for give Owner prompt written notice of any damage to or defects in, the periodic maintenance of all hot waterPremises and in the plumbing, heating and electrical, heating, air conditioning and other systems and units apparatus located in the Premises, and removal and replacement of filters, and shall enter into a janitorial contract providing for the daily cleaning of the Premises. These contracts The obligation to repair such damages or defects shall be with parties and upon such terms and conditions as stated in this paragraph 15. In no event shall Owner be reasonably approved obligated to repair any damage to the Premises or the Building caused by Landlordany act, omission or negligence of Tenant or Tenant Parties. Tenant shall provide Landlord a copy reimburse Owner for all costs and expenses of such contracts within thirty days repairing and replacing all damage to the Premises and Building and to fixtures and equipment caused by Tenant or Tenant Parties or as the result of all or any of them moving in or out of Building or by installation or removal of furniture, fixtures or other property. Such costs and expenses shall be paid by Tenant to Owner on demand, with interest thereon at the Commencement DateReimbursement Interest Rate from the due date until paid. (d) Tenant Owner shall not damage be liable by reason of any demising wall of the Building, 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 or interference with Xxxxxx's business arising from the making of any demising wall caused by Tenant repairs or its employees, agents alterations in or invitees. (e) Tenant and its employees, customers and licensees shall have the non-exclusive right to use the parking areas as may be designated by Landlord in writing, subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking shall be available at the Building for the non-exclusive use of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent to the Building near the entrance to the Premises that or the Building or to any appurtenances or equipment therein. There shall be marked as spaces for visitors. Landlord shall not be responsible for enforcing Tenant's parking rights against no abatement of Rent because of such repairs or alterations, or because of any third parties. Landlord may require, at its option, delay by Owner in its sole discretion, that Tenant, its employees, invitees, and visitors use certain numbered spaces to be designated by Landlordmaking the same.

Appears in 1 contract

Samples: Lease Agreement (Navidec Inc)

Repairs and Maintenance. (a) Landlord shall at its expense maintain only 8.1 Throughout the roof, downspouts, gutters, foundation, utility lines located outside the Premises and the structural soundness of the (b) Tenant shall at its own cost and expense keep and maintain all parts of the Premises (except those for which Landlord is expressly responsible under the terms Term of this Lease) in good conditionSublease, promptly making all necessary repairs and replacements, including, but not limited to, windows, glass and plate glass, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debris. Tenant shall not be obligated to repair any casualty covered by the insurance to be maintained by Landlord pursuant to subparagraph 10(A) below. To the extent deemed necessary by Landlord, Landlord shall make available to Tenant for its use in effecting repairs, any warranties with respect to components of the Building. (c) Tenant shall enter into a maintenance contract providing for the periodic maintenance of all hot water, heating and air conditioning systems and units in the Premises, and removal and replacement of filters, and shall enter into a janitorial contract providing for the daily cleaning of the Premises. These contracts shall be with parties and upon such terms and conditions as shall be reasonably approved by Landlord. Tenant shall provide Landlord a copy of such contracts within thirty days of the Commencement Date. (d) Tenant shall not damage any demising wall of the Building, or disturb the integrity and support provided by any demising wall and shallSublessee, at its sole cost and expense, promptly repair will maintain the Demised Premises, Phase 2 (so long as Phase 2 is part of the Demised Premises), any damage or injury Improvements constructed thereon, including parking areas, and any sidewalks, curbs and gutters adjoining the Demised Premises and Phase 2 (so long as Phase 2 is part of the Demised Premises), and will keep the same in good order and condition, and shall make all necessary repairs thereto, interior and exterior, structural and non-structural, ordinary and extraordinary, and unforeseen and foreseen. When used in this Section 7.2, the term "repair" shall include all necessary replacements. All repairs made by Sublessee shall be equal in quality and class to any demising wall caused by Tenant or its employees, agents or inviteesthe original work. 8.2 Sublessee shall keep and maintain all portions of the Demised Premises and Phase 2 (e) Tenant so long as Phase 2 is part of the Demised Premises), including any Improvements thereon, as well as the sidewalks, curbs, gutters and its employeespassageways adjoining the Demised Premises and Phase 2 (so long as Phase 2 is part of the Demised Premises), customers in a clean and licensees orderly condition, free of dirt, rubbish, snow, ice, weeds and unlawful obstructions. Any damaged or broken curb, gutter or sidewalk on the Demised Premises shall promptly be repaired or replaced by Sublessee. 8.3 Sublessor shall not be required to furnish any services or facilities or to make any repairs or alterations in or to the Demised Premises or any Improvements thereon. Sublessee hereby assumes the full and sole responsibility for the condition, operation, repair, replacement, maintenance and management of the Demised Premises and any Improvements. Sublessor shall have no responsibility to maintain, repair or replace any improvements on any portion of the Demised Premises, except for any improvements that Sublessor constructs upon the Demised Premises pursuant to this Sublease. 8.4 Sublessee shall have the non-exclusive right to use transfer the parking areas foregoing maintenance responsibility to a maintenance association at such time as may be designated by Landlord in writing, subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking a maintenance association shall be available at the Building for the non-exclusive use formed; provided, however, that transfer of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent such obligation to the Building near the entrance to the Premises that shall be marked as spaces for visitors. Landlord any such association shall not be responsible for enforcing Tenant's parking rights against any third parties. Landlord may require, at its option, relieve Sublessee from liability in its sole discretion, that Tenant, its employees, invitees, the event such maintenance is not properly and visitors use certain numbered spaces to be designated by Landlordtimely performed.

Appears in 1 contract

Samples: Ground Sublease (Sky Harbour Group Corp)

Repairs and Maintenance. (a) By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good and sanitary order, condition and repair, excepting the Punch List Items and latent defects in the construction done by Landlord, its agents, employees, contractors, and subcontractors. Except as provided in Section 11(c) (pursuant to which Landlord is to undertake various repair and maintenance), Tenant shall, at Tenant’s sole cost and expense, maintain the Premises, in clean and good condition and repair, ordinary wear and tear and casualty excepted. Without limiting the generality of the foregoing, Tenant shall be solely responsible for maintaining and repairing all fixtures, non-building standard electrical lighting (if identified as being non-building standard at the time that Landlord approves the Plans under the Lease Improvement Agreement), ceilings and floor coverings, doors, and interior walls within the Premises to the extent the foregoing are nonstructural elements of the Building, using the same quality of materials as used in the original construction. In addition, Tenant shall be responsible for all repairs made necessary by Tenant or Tenant’s invitees. Landlord acknowledges that Tenant shall have no obligation to repair or maintain any areas of the Project outside of the Premises, unless such repair or maintenance is required due to acts of Tenant, its agents, employees, contractors and subcontractors and the cost thereof is not covered by insurance carried by Landlord or required to be carried by Landlord under this Lease. Excepting maintenance, repairs or replacements required due to the negligence or willful misconduct of Landlord, its agents, employees, contractors and subcontractors, Tenant acknowledges that Landlord shall at its expense maintain only the roofhave no obligation to maintain, downspouts, gutters, foundation, utility lines repair or replace any telecommunications or computer cabling or wiring which is located outside in the Premises and or which exclusively serves the structural soundness of the Premises (b) collectively, “Cabling”), except in the event that such would be required due to Landlord’s negligent acts or omissions. Tenant shall, at Tenant’s expense, contract with Pacific Xxxx or another reputable contractor to maintain the Cabling. Landlord shall at its own cost and expense keep and maintain all parts have no obligation to alter, remodel, improve, repair, decorate or paint the Premises except as specifically set forth in this Lease. Under no circumstances shall Tenant make any repairs to the Building or to the mechanical, electrical or heating, ventilating or air conditioning systems of the Premises (except those for which Landlord is expressly responsible or the Building, unless such repairs are previously approved in writing by Landlord. Tenant waives the provisions of Sections 1931(1), 1941 and 1942 of the California Civil Code, and any similar or successor law regarding Tenant’s right to make repairs and deduct expenses of such repairs from the Rent due under this Lease, subject, however, to the terms of this Lease) in good condition, promptly making all necessary repairs and replacements, including, but not limited to, windows, glass and plate glass, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debris. Tenant shall not be obligated to repair any casualty covered by the insurance to be maintained by Landlord pursuant to subparagraph 10(ASection 11(d) below. To the extent deemed necessary In no event shall Tenant be responsible for repairs or replacements necessitated by Landlordordinary wear and tear, damage by third party casualty or damage caused by Landlord or others for which Tenant is not responsible, nor shall make available to Tenant for its use in effecting repairs, any warranties with respect to components of the Building. (c) Tenant shall enter into a maintenance contract providing be responsible for the periodic maintenance correction or repair of all hot water, heating and air conditioning systems and units any latent defect in the Premises, and removal and replacement or any condition, dilapidation or defect of filters, and shall enter into a janitorial contract providing for the daily cleaning of the Premises. These contracts shall be with parties and upon such terms and conditions as shall be reasonably approved by Landlord. Tenant shall provide which Landlord a copy of such contracts within thirty days of has actual knowledge prior to the Commencement Date. (db) Tenant Landlord shall not damage any demising wall operate the Building (and provide maintenance, repairs and replacements pursuant to Section 11(c) below) to a standard or quality consistent with that of other first-class projects in the immediate geographical area and shall (i) provide janitorial service to the Premises on a five (5)-day-a-week basis (excepting holidays described in the Basic Lease Information), consistent with the janitorial specification attached hereto as Exhibit E, (ii) provide nonexclusive, non-attended automatic passenger elevator service at all times, (iii) replace Building standard lamps, starters and ballasts (all nonstandard lighting within the Premises shall be the responsibility of Tenant). (c) Landlord shall be responsible for maintaining and repairing all structural portions and latent defects of the Building, or disturb the integrity at Landlord’s sole expense (and support provided by any demising wall and shall, at its sole cost and expense, promptly repair any damage or injury to any demising wall caused by Tenant or its employees, agents or invitees. (e) Tenant and its employees, customers and licensees shall have the non-exclusive right to use the parking areas not as may be designated by Landlord in writing, subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights part of ingress and egress of other tenants. Parking shall be available at the Building for the non-exclusive use of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent to the Building near the entrance to the Premises that shall be marked as spaces for visitors. Landlord shall not be responsible for enforcing Tenant's parking rights against any third parties. Landlord may require, at its option, in its sole discretion, that Tenant, its employees, inviteesOperating Expenses), and visitors use certain numbered spaces to be designated by Landlord.shall maintain the

Appears in 1 contract

Samples: Lease Agreement (Health Net Inc)

Repairs and Maintenance. (a) Landlord shall 8.1 The Premises at its expense maintain only the roof, downspouts, gutters, foundation, utility lines located outside the Premises and the structural soundness of the (b) Tenant shall at its own cost and expense keep and maintain all parts of the Premises (except those for which Landlord is expressly responsible under the terms of this Lease) Tenant’s move-in will be in good operating condition, promptly making all necessary repairs free of debris and replacements, including, but not limited to, windows, glass and plate glass, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal structurally sound in accordance with industry standards in the Project area. By taking possession of trash and debris. Tenant shall not be obligated to repair any casualty covered by the insurance to be maintained by Landlord pursuant to subparagraph 10(A) below. To the extent deemed necessary by Landlord, Landlord shall make available to Tenant for its use in effecting repairs, any warranties with respect to components of the Building. (c) Tenant shall enter into a maintenance contract providing for the periodic maintenance of all hot water, heating and air conditioning systems and units in the Premises, and removal and replacement of filters, and shall enter into a janitorial contract providing for the daily cleaning of the Premises. These contracts Tenant shall be with parties deemed to have conclusively agreed to accept the Premises as being in good order, condition and upon such terms and conditions as shall be reasonably approved by Landlord. repair, subject to “punchlist” items of which Tenant shall provide notifies Landlord a copy of such contracts within thirty ten (10) days of the Commencement Date. (d) taking occupancy and latent defects. Except as required by Article 20 below and ordinary wear and tear, Tenant shall not damage any demising wall of the Building, or disturb the integrity and support provided by any demising wall and shall, at its all times during the Lease Term and at Tenant’s sole cost and expense, promptly keep the Premises and every part thereof in good condition, order and repair except repairs resulting from the negligence or willful misconduct of Landlord or Landlord’s representatives, employees or other agents (collectively, “Landlord’s Agents”). Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any damage part thereof, or injury maintain any nonstandard items installed in the Premises by or at the request of Tenant, except as specified in Articles 13 and 20 below or in Exhibit B, if any. No representations relating to the condition of the Premises, the Building or the Project have been made by Landlord or Landlord’s Agents to Tenant, except as may be specifically set forth in this Lease. 8.2 Subject to the provisions of Article 8.1 above and Article 20 below, Landlord shall maintain the Common Areas, the foundation and structural portions of the Building, and the plumbing, heating, ventilation and air conditioning (“HVAC”), fire, life, safety, mechanical and electrical systems outside of the Premises providing the services and utilities to be furnished by Landlord pursuant to Article 13.1 below, in good order and condition; provided, however if any demising wall maintenance and repairs are caused by the act, neglect, fault, or omission of any duty by Tenant or its Tenant’s agents, servants, employees, agents or invitees. invitees (e) collectively, “Tenant’s Agents”), Tenant shall pay to Landlord the reasonable cost of such maintenance and its employees, customers and licensees shall have the non-exclusive right to use the parking areas as may be designated by Landlord in writing, subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking shall be available at the Building for the non-exclusive use of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent to the Building near the entrance to the Premises that shall be marked as spaces for visitorsrepairs. Landlord shall not be responsible liable for enforcing Tenant's parking rights against any third partiesfailure to make any such repairs or to perform any maintenance unless such failure persists for an unreasonable time after Tenant gives written notice to Landlord of the need for such repairs or maintenance. Landlord may require, at its optionNotwithstanding anything in this Lease to the contrary, in its sole discretionthe event of an interruption in essential services to the Premises (defined for these purposes as the failure to provide HVAC service, that electrical service, elevator service, water or restroom facilities) or Tenant, its employees, invitees’s access to Premises is materially impaired, and visitors use certain numbered spaces to be designated such interruption or impairment is caused by Landlord’s or Landlord’s Agent’s negligent or willful misconduct and continues for a period of five (5) consecutive business days or twenty (20) days in any one calendar year, Tenant shall be entitled to an abatement of Rent for the period that such services are not provided where such interruption or impairment materially interferes with the normal business conduct of Tenant in the Premises and Tenant is unable to and does not use the Premises. If any such interruption occurs during a period when Tenant is not otherwise required to pay Rent, Tenant’s free rent period shall be extended for the number of days that the services were not provided. Tenant waives the right to make repairs at Landlord’s expense or terminate this Lease under any law, statute or ordinance now or hereafter in effect.

Appears in 1 contract

Samples: Lease (Ritter Pharmaceuticals Inc)

Repairs and Maintenance. (a) 9.1 Landlord shall at its expense maintain only and repair the roof, downspouts, gutters, foundation, utility lines located outside exterior walls and roof of the Premises and the structural soundness of the (b) Tenant shall at its own cost and expense keep expense, provided, however, that if any maintenance or repair work for the foundation, exterior walls, exterior paint, roof, asphalt paving and maintain all parts concrete paving of the Premises (except those for which Landlord is expressly responsible under the terms required as a result of this Lease) any negligence or willful misconduct of Tenant or any of Tenant's agents, employees, shippers, customers, invitees or contractors, such work shall be at Tenant's sole cost and expense. Subject to Landlord's obligations as set forth in good conditionParagraph 2.1 above, promptly making all necessary repairs and replacements, including, but not limited to, windows, glass and plate glass, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debris. Tenant shall not be obligated to repair any casualty covered by the insurance to be maintained by Landlord pursuant to subparagraph 10(A) below. To the extent deemed necessary by Landlord, Landlord shall make available to Tenant for its use in effecting repairs, any warranties with respect to keep all other portions and components of the Building. (c) Tenant shall enter into a maintenance contract providing for the periodic maintenance of all hot water, heating and air conditioning systems and units in the Premises, and removal including all plumbing, HVAC systems, electrical and lighting systems, ceilings, plate glass and skylights in good order, condition and repair during the Lease Term and the 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 the Dominguez Technology Center attached hereto as Exhibit A. Tenant shalx xxxx xxintain any of Tenant's property visible from outside the building in the same condition, with the surfaces thereof painted at such intervals and such colors as Landlord shall approve. Except as provided above, Tenant shall promptly replace any portion of the Premises or system or equipment in the Premises which cannot be fully repaired, 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, first-class and fully operative condition. Landlord shall maintain the exterior landscaping for the Premises in accordance with Landlord's then-prevailing landscape maintenance standards, and the amount by which the cost of filterssuch landscape maintenance work exceeds the Annual Landscape Base Amount shall be paid by Tenant to Landlord as additional rent. The annual landscape expenses, during the initial lease term, shall not increase by more than a cumulative five percent (5%), compounded annually, over each prior year's actual landscape expense. The starting Annual Landscape Base Amount is Seven Thousand Four Hundred Sixteen and 00/100ths Dollars ($7,416.00). Such payments shall be made by Tenant within ten (10) days following Tenant's receipt of an invoice from Landlord. Except for Landlord's obligations for maintenance and repair of the foundations, exterior walls, exterior paint, roof, asphalt paving and concrete paving of the Premises, Landlord shall have no obligation to repair or maintain the Premises, the improvements or any areas adjacent thereto. 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 shall be accomplished at Tenant's sole expense. If Tenant 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 forty-eight (48) hours of receipt of such notice Landlord may enter the Premises and perform any such work on behalf of Tenant. Notwithstanding the foregoing, no notice to Tenant shall be required in case of emergency, and 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 costs so incurred immediately upon demand, together with interest thereon at the "Lease Interest Rate" (as defined in Paragraph 26.26, 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 enter into a janitorial contract providing for not in any way limit Landlord's remedies under this Lease. Any design or construction work undertaken by or at the daily cleaning direction of Tenant which affects the Premises. These contracts Premises or any improvements located on the Premises (including, without limitation, any repair work, maintenance work, tenant improvement work or restoration work) shall be with parties performed by duly qualified and upon such terms properly licensed and conditions insured design professionals or contractors (as shall be the case may be) reasonably approved by satisfactory to Landlord. Tenant shall provide 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 copy of such contracts within thirty days of the Commencement Datenew design professional or contractor reasonably satisfactory to Landlord. (d) 9.3 Upon the expiration or sooner termination of this Lease, Tenant shall surrender the Premises to Landlord, broom clean and in the same condition as received, except for ordinary wear and tear which Tenant is not otherwise obligated to remedy under any provision of this Lease, and except for repair and maintenance items which are the obligation of Landlord pursuant to Paragraph 9.1, above. Any damage any demising wall of the Buildingto, or disturb deterioration of, the integrity and support provided by any demising wall and shall, at its sole cost and expense, promptly repair any damage or injury to any demising wall caused by Tenant or its employees, agents or invitees. (e) Tenant and its employees, customers and licensees shall have the non-exclusive right to use the parking areas as may be designated by Landlord in writing, subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking Premises shall be available at the Building for the non-exclusive use of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent to the Building near the entrance to the Premises that shall be marked as spaces for visitors. Landlord shall deemed not be responsible for enforcing Tenant's parking rights against any third parties. Landlord may require, at its option, in its sole discretion, that Tenant, its employees, invitees, and visitors use certain numbered spaces to be designated ordinary wear and tear if the same could have been prevented by Landlord.good

Appears in 1 contract

Samples: Single Tenant Industrial Lease (Target Logistics Inc)

Repairs and Maintenance. (a) Except with respect to Landlord Repairs (as defined below), Tenant, at Tenant’s expense, shall at its expense maintain only the roof, downspouts, gutters, foundation, utility lines located outside the Premises and the structural soundness of the (b) Tenant shall at its own cost and expense keep and maintain all parts of the Premises (except those for which Landlord is expressly responsible under the terms of this Lease) in good condition, 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, including, but not limited to, windows, glass and plate glass, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debris. Tenant shall not be obligated have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or advising Landlord of Tenant’s desire to repair any casualty covered by the insurance have Landlord make such repairs, in which case Tenant shall pay to be maintained by Landlord pursuant to subparagraph 10(A) belowfor such repairs at Landlord’s then-standard rate. To the extent deemed necessary by Landlordthat Tenant requests that Landlord make any other repairs that are Tenant’s obligation to make under this Lease, Landlord shall may elect to make available to Tenant for its use in effecting repairssuch repairs on Tenant’s behalf, any warranties with respect to components of the Building. (c) at Tenant’s expense, and Tenant shall enter into pay to Landlord such expense along with the Administrative Fee. If Tenant shall have committed a maintenance contract providing for monetary Event of Default under this Lease, Landlord may elect to require that Tenant prepay the periodic maintenance amount of all hot watersuch repair. All repairs made by Landlord or Tenant shall utilize materials and equipment that are at least equal in quality, heating and air conditioning systems and units in the Premisesnumber, and removal usefulness to those originally used in constructing the Building and replacement of filters, and shall enter into a janitorial contract providing for the daily cleaning of the Premises. These contracts In addition, Tenant shall be maintain, at Tenant’s expense, Tenant’s Supplemental HVAC, Premises Hot Water Heaters, and/or Alterations in a clean and safe manner and in proper operating condition throughout the Term. “Tenant’s Supplemental HVAC” means any supplemental HVAC system serving the Premises (regardless of who installed it). “Premises Hot Water Heater” means any hot water heater serving the Premises (regardless of who installed it), including without limitation expansion tanks and any associated piping. Tenant shall maintain Tenant’s Supplemental HVAC under a service contract with parties a firm and upon such terms and conditions as shall may be reasonably approved by 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. Tenant shall ensure that all Premises Hot Water Heaters have a copy of such contracts within thirty days working automatic water shut-off device. All repairs to the Building and/or the Project made necessary by reason of the Commencement Date. 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 make repairs for which Tenant is responsible hereunder (dat Tenant’s cost) without giving Tenant prior notice, but in such case Landlord shall not provide notice to Tenant as soon as practicable thereafter, and Landlord shall take commercially reasonable steps to minimize the costs incurred. Further, Landlord shall have the right to make repairs for which Tenant is responsible hereunder (at Tenant’s cost) with prior notice to Tenant if Landlord believes in its sole and absolute discretion that the repairs are necessary to prevent imminent harm or material damage any demising wall of to the Building, 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 Tenant or its employees, agents or invitees. (e) Tenant and its employees, customers and licensees shall have the non-exclusive right to use the parking areas as may be designated by Landlord in writing, subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking shall be available at the Building for the non-exclusive use of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent to the Building near the entrance to the Premises that shall be marked as spaces for visitors. Landlord shall not be responsible for enforcing Tenant's parking rights against any third parties. Landlord may require, at its option, in its sole discretion, that Tenant, its employees, invitees, and visitors use certain numbered spaces take commercially reasonable steps to be designated by Landlordminimize the costs incurred.

Appears in 1 contract

Samples: Lease (Spark Therapeutics, Inc.)

Repairs and Maintenance. (a) Tenant shall, at Tenant's sole cost and expense, maintain the Premises in good, clean and safe condition and repair, ordinary wear and tear excepted. Without limiting the generality of the foregoing, Tenant shall be solely responsible for maintaining and repairing all fixtures, electrical lighting, ceilings and flooring coverings, windows, doors, plate glass, skylights, and interior walls within the Premises. In addition, Tenant shall be responsible for all repairs made necessary by Tenant, its employees, agents, contractors or invitees. Landlord shall at its expense maintain only the roofhave no obligation to alter, downspoutsremodel, guttersimprove, foundationrepair, utility lines located outside decorate or paint the Premises and except as specifically set forth in this Lease. Under no circumstances shall Tenant make any repairs to the structural soundness Building or to the mechanical, electrical or heating, ventilating or air conditioning systems of thethe Premises or the Building, unless such repairs are previously approved in writing by Landlord, which shall not be unreasonably withheld or delayed. (b) Tenant shall Landlord, at its own cost expense, shall be responsible for repairing any (i) patent defects in the Tenant Improvements constructed by Landlord, its agents, employees, contractors and/or subcontractors, for a period of one year following Substantial Completion and expense keep (ii) latent defects, and making all structural repairs to the Building and Project, and shall maintain the roof, sidewalls, and foundations of the Building in good, clean and safe condition and repair. Landlord shall also maintain all parts landscaping, driveways, parking lots, fences, signs, sidewalks and other exterior Project Common Areas and interior Building Common Areas of the Premises (except those Project in a first class condition. Landlord, at its expense, shall be responsible for which Landlord is expressly responsible under maintenance and repair of all plumbing, heating, electrical, air conditioning and ventilation systems. Subject to the terms limitations set forth in Section 7 of this Lease) in good condition, promptly making all necessary repairs and replacements, including, but not limited to, windows, glass and plate glass, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debris. Tenant shall not be obligated to repair any casualty covered by the insurance to be maintained expenses incurred by Landlord pursuant to subparagraph 10(Athis Section 13(b) belowshall be within the definition of Operating Expenses. To the extent deemed necessary by LandlordThe foregoing obligations of Landlord contained in this Section 13(b) are collectively referred to as "LANDLORD'S REPAIRS". Except as otherwise provided in this Lease, Landlord shall have no liability to Tenant, nor shall Tenant's obligations under this Lease be reduced or abated in any manner whatsoever by reason of any inconvenience, annoyance, interruption or injury to business arising from Landlord making any repairs or changes which Landlord is required or permitted by this Lease or by any other tenants' lease or required by law to make available in or to any portion of the Building or the Premises. Landlord shall use reasonable efforts to minimize any interference with Tenant's business at the Premises, including performing work during off-business hours, and shall provide Tenant with written notice prior to commencing any repairs or changes which might interfere with Tenant's business at the Premises. If Tenant fails to maintain the Premises in good order, condition and repair, Landlord may give Tenant thirty (30) days written notice to do such acts as are reasonably required to so maintain the Premises. If Tenant fails to promptly commence such work within such time period and diligently prosecute it to completion, then Landlord shall have the right to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Any amount so expended by Landlord shall be paid by Tenant promptly after demand with interest at the "REFERENCE RATE" (formerly, "Prime Rate") then being charged by the San Francisco main office of Bank of America NT & SA plus two percent (2%) per annum, from the date of such work, but not to exceed the maximum amount then allowed by law. Except as set forth in this Lease, Landlord shall have no liability to Tenant for its any damage, inconvenience, or interference with the use in effecting repairs, any warranties with respect to components of the BuildingPremises by Tenant as the result of performing any such work. Notwithstanding the foregoing, if as a result of Landlord's failure to perform the Landlord's Repair (delays due to Force Majeure Events and/or Tenant Delays shall not constitute a Landlord's failure to perform the Landlord's Repairs), Tenant is unable to conduct business operations within the Premises, to the extent that such disruption continues for three (3) business days, for each day thereafter until such disruption ceases, Tenant shall be entitled to a single day of Base Rent-free possession of the Premises; provided, however, if Tenant proceeds under Section 13(b) or 13(c), such abatement shall cease upon Tenant's completion of such repair or the date that such repair would have been completed had Tenant utilized its commercially reasonable efforts, which ever is sooner. (c) Notwithstanding any other provisions of this Lease to the contrary, upon receipt of written notice (the "FIRST REPAIR NOTICE") from Tenant that Landlord Repairs are required, Landlord shall enter into cause such repair to be made within a maintenance contract providing for reasonable period of time given the periodic maintenance circumstances but in no event later than thirty (30) days after it receives the Repair Notice; provided, however, that if the repair is of all hot watersuch a nature that it cannot be completed within thirty (30) days (which fact shall be indicated in writing delivered to Tenant by Landlord), heating and air conditioning systems and units in then such longer time as reasonably necessary to complete such repairs. If Landlord fails to make the Premisesrepair within the said time period, and removal and replacement of filters, and shall enter into a janitorial contract providing for Tenant may give an additional notice (the daily cleaning "SECOND REPAIR NOTICE") to Landlord. If Landlord fails to commence thereafter such repair within five (5) days after receipt of the PremisesSecond Repair Notice and thereafter diligently pursue said repair to completion, Tenant may perform such repair. These contracts All repairs performed by Tenant pursuant to this Section shall be made by a qualified licensed contractor(s) with parties sufficient expertise in such matters and upon in accordance with all applicable laws, statutes and ordinances. Landlord shall reimburse Tenant for Tenant's actual costs incurred within fifteen (15) days after Landlord's receipt of a written demand from Tenant, which demand shall include supporting invoices. Amounts not paid by Landlord within such terms and conditions as time period shall accrue interest at the Reference Rate until paid in full. If Landlord disputes the need for such repair, Landlord shall deliver written notice of such disagreement to Tenant within ten (10) days after its receipt of the Repair Notice. Notwithstanding such dispute, Tenant may cause such repair to be completed pending resolution of such dispute. The dispute shall be reasonably approved resolved by Landlorda mutually acceptable third party engineer, which determination shall be binding upon Landlord and Tenant. Tenant The losing party shall provide Landlord a copy of such contracts within thirty days pay the costs of the Commencement Dateengineer or arbitrator, whichever is applicable. (d) Landlord acknowledges that certain of the Landlord Repairs may have to be made on an expedited basis due to a material disruption of Tenant's business operations caused by such condition, which condition shall be referred to as an "EMERGENCY CONDITION." In this regard, in the event an Emergency Condition relating to a Landlord Repair exists, Tenant shall not damage any demising wall deliver to Landlord, by facsimile, a written notice ("EMERGENCY NOTICE") describing such Emergency Condition. The Emergency Notice shall, in bold typed across the top, stating "AN EMERGENCY SITUATION EXISTS AT THE PREMISES REQUIRING YOUR IMMEDIATE ATTENTION." In the event that Landlord fails to commence repair of the BuildingEmergency Condition within twenty-four (24) hours (if such situation occurs during non-business hours, or disturb Tenant shall utilize Landlord's paging system, the integrity and support procedure for which shall be provided by any demising wall and shallto Tenant prior to the Commencement Date), at its sole cost and expenseTenant, promptly repair any damage or injury using licensed contractors which are qualified to any demising wall caused by Tenant or its employeesperform such tasks in compliance with applicable laws, agents or invitees. (e) Tenant and its employees, customers and licensees shall have the non-exclusive right to use make the parking areas as may be designated by Landlord in writingRepairs; provided, subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking however, such repairs shall be available at limited to the Building temporary remediation of such Emergency Condition and Landlord shall thereafter be responsible for the non-exclusive use full repair of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent to the Building near the entrance to the Premises that shall be marked as spaces for visitorssuch condition. Landlord shall not be responsible for enforcing reimburse Tenant's parking rights against any third partiesactual expenses incurred in making such temporary remediation repairs within fifteen (15) days following Landlord's receipt of written demand and supporting invoices. Amounts not paid by Landlord may require, within such time period shall accrue interest at its option, the Reference Rate until paid in its sole discretion, that Tenant, its employees, invitees, and visitors use certain numbered spaces to be designated by Landlordfull.

Appears in 1 contract

Samples: Net Lease Agreement (Williams Sonoma Inc)

Repairs and Maintenance. (a) Landlord shall at its expense maintain only in such condition and operating order (and shall keep in such repair and condition), in a manner substantially consistent with the maintenance and operational standards employed by landlords of Comparable Buildings, the structural portions of the Building, including the foundation, floor/ceiling slabs, roof, downspoutscurtain wall, guttersexterior glass and mullions, foundationcolumns, utility lines beams, shafts (including elevator shafts), stairs, parking areas, stairwells, escalators, elevator cabs, plazas, pavement, sidewalks, curbs, entrances, landscaping, art work, sculptures, public men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas (collectively, "BUILDING STRUCTURE") and the base building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems and other base building systems and equipment which were not constructed by Tenant and are not located outside within the Premises (collectively, the "BUILDING SYSTEMS") and otherwise operate the structural soundness Project in a manner and condition materially comparable with the standards of the (b) operation as are generally customary for Comparable Buildings. Notwithstanding anything in this Lease to the contrary, Tenant shall at its own cost and expense keep and maintain all parts be required to repair the Building Structure and/or the Building Systems to the extent required because of (i) Tenant's use of the Premises for other than normal and customary business office operations, or (except those for ii) the negligence or willful misconduct of Tenant or the Tenant Parties, unless and to the extent such damage is covered by insurance carried or required to be carried by Landlord pursuant to this Lease and to which Landlord the waiver of subrogation is expressly responsible under applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS EXCEPTION"). Except as provided as part of Landlord's obligations set forth above or elsewhere in this Lease, Tenant shall, at Tenant's own expense, pursuant to the terms of this Lease, including without limitation Paragraph 7 hereof, keep the Premises, including all improvements (including all existing improvement and all Alterations) and fixtures, in good conditionorder and repair condition at all times during the Lease Term (but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS exception). In addition, promptly making except as provided as part of Landlord's repair obligations set forth above or elsewhere in this Lease, Tenant shall, at Tenant's own expense but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, including without limitation Paragraph 7 hereof, promptly. and adequately repair all necessary damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances (but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS exception); provided however, that, at Landlord's option, but only if Tenant fails to make such repairs and replacementsreplacements within thirty (30) days after notice thereof from Landlord (or such sooner period of time in the case of an emergency or to otherwise to protect life and property), includingLandlord may, but need not, make such repairs and replacements and Tenant shall pay Landlord the cost thereof, sufficient to reimburse Landlord for all costs arising from Landlord's involvement with such repairs and replacements to the extent not limited toduplicative of Operating Expenses and to the extent the work is not performed by people whose salaries are paid out of Operating Expenses forthwith upon being billed for same. Landlord may, windows, glass and plate glass, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debris. Tenant but shall not be obligated required to, enter the Premises at all reasonable times to repair make such repairs, alterations, improvements and additions to the Premises or to the Project or to any casualty covered equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by applicable Regulations; provided, however, except for emergencies, any such entry into the insurance to be maintained Premises by Landlord shall be performed in a manner so as not to materially or adversely interfere with Tenant's use of, or ingress or egress to, the Premises. Tenant shall, at Tenant's own expense, pursuant to subparagraph 10(A) below. To the extent deemed necessary by Landlordprovisions of this Lease, Landlord shall make available to Tenant for its use in effecting repairsincluding without limitation Paragraph 7 hereof, any warranties with respect to components of the Building. (c) Tenant shall enter into a maintenance contract providing for the periodic maintenance of all hot water, heating and air conditioning systems and units in keep the Premises, including all improvements, fixtures and removal and replacement of filtersexisting improvements, Alterations, fixtures, and shall enter into a janitorial contract providing for the daily cleaning floor or the floors of me Building on which the Premises. These contracts shall be with parties Premises are located, in good order, repair and upon condition at all times during the Term (but such terms and conditions as shall be reasonably approved by Landlord. Tenant shall provide Landlord a copy of such contracts within thirty days of the Commencement Date. (d) Tenant obligation shall not damage any demising wall of the Building, or disturb the integrity and support provided by any demising wall and shall, at its sole cost and expense, promptly repair any damage or injury to any demising wall caused by Tenant or its employees, agents or invitees. (e) Tenant and its employees, customers and licensees shall have the non-exclusive right to use the parking areas as may be designated by Landlord in writing, subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking shall be available at the Building for the non-exclusive use of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent extend to the Building near Structure and the entrance Building Systems except pursuant to the Premises that shall be marked as spaces for visitorsBS/BS Exception). Landlord shall not be responsible for enforcing Tenant's parking Tenant hereby waives any and all rights against under the benefits of Section l of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any third parties. Landlord may requiresimilar law, at its optionstatute, or ordinance now or hereafter in its sole discretion, that Tenant, its employees, invitees, and visitors use certain numbered spaces to be designated by Landlordeffect.

Appears in 1 contract

Samples: Office Lease (L90 Inc)

Repairs and Maintenance. (a) Subject to reimbursement provision herein, and except for damage caused by any negligent or intentional act or omission of Tenant or Tenant’s employees or agents, in which event Tenant shall repair the damage any heating, ventilation, plumbing, electrical, or other equipment serves the Leased Premises. Landlord shall at its expense have no responsibility to maintain only the roof, downspouts, gutters, foundation, utility lines located outside the Premises and the structural soundness of the (b) Tenant shall at its own cost and expense keep and maintain all parts of the Premises (except those for which Landlord is expressly responsible under the terms of this Lease) in good condition, promptly making all necessary repairs and replacements, including, but not limited to, windows, glass and plate glass, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debris. Tenant shall not be obligated to repair any casualty covered by the insurance to be maintained by Landlord pursuant to subparagraph 10(A) below. To the extent deemed necessary by Landlord, Landlord shall make available to Tenant for its use in effecting repairs, any warranties with respect to components of the Building. (c) Tenant shall enter into a maintenance contract providing for the periodic maintenance of all hot water, heating and air conditioning systems and units in the Premises, and removal and replacement of filters, and shall enter into a janitorial contract providing for the daily cleaning of the Premises. These contracts shall be with parties and upon such terms and conditions as shall be reasonably approved by Landlord. Tenant shall provide Landlord a copy of such contracts within thirty days of the Commencement Date. (d) Tenant shall not damage any demising wall of the Building, operate 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 Tenant or its employees, agents or invitees. (e) Tenant and its employees, customers and licensees shall have the non-exclusive right to use the parking areas as may be designated by Landlord in writing, subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking shall be available at the Building for the non-exclusive use of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent to the Building near the entrance to the Premises replace whe that shall be marked as spaces for visitorsequipment. Landlord shall not be responsible for enforcing repairs required by an accident, fire, or other peril or for damage caused to any part of the Project by any act or omission of Tenant or Tenant's parking rights against ’s employees or agents, except as otherwise required by this Lease.. Tenant expressly waives the benefits of any third partiesstatute now or later in effect that would otherwise give Tenant the right to make repairs at Landlord’s expense and deduct that cost from rent owing to Landlord. (b) Except to the extent provided to the contrary herein, Tenant shall clean and maintain in good order, condition, and repair and replace when necessary the following: (i) all plumbing and sewage facilities in the Leased Premises, including but not limited to all plumbing fixtures, pipes, fittings, or other parts of the plumbing system in the Leased Premises; (ii) all fixtures, interior walls, floors, carpets, draperies, window coverings, and ceilings in the Leased Premises; (iii) all windows, doors, entrances, and plate glass in the Leased Premises; (iv) all electrical facilities and all equipment in the Leased Premises, including all light fixtures, lamps, bulbs, tubes, fans, vents, exhaust equipment, and systems; and (v) any fire detection or extinguisher equipment in the Leased Premises. (c) With respect to utility facilities serving the Leased Premises, Tenant shall be responsible for the maintenance and repair of any facilities that serve only the Leased Premises, including all facilities that are within the walls or floor or on the roof of the Leased Premises, and any part of the facility that is not within the Leased Premises, but only up to the point where the facilities join a main or other junction from which the utility services are distributed to other parts of the Project as well as to the Leased Premises. (d) Tenant shall: (i) maintain, repair, and replace when necessary all heating, , and ventilation equipment that services only the Leased Premises, and shall keep the them in good condition through regular inspection and servicing, and (ii) maintain continuously throughout the term of the Lease a service contract for the maintenance of all heating, , and ventilation equipment with a licensed repair and maintenance contractor approved by Landlord; the contract should provide for periodic inspections and servicing of the heating, air conditioning, and ventilation equipment at least once every ninety (90) days during the term of the Lease. However, Landlord may requireelect at any time during the term of the Lease to assume responsibility for the maintenance, at its optionrepair, and replacement of the heating, , and ventilation equipment that serves only the Leased Premises. (e) All repairs and replacements required of Tenant shall be promptly made with new materials of like kind and quality. If the work affects the structural parts of the Building or if the estimated cost of any item of repair or replacement is in its sole discretionexcess of $5000, that Tenant shall first obtain Landlord’s written approval of the scope of the work, the plans for the work, the materials to be used, and the contractor hired to perform the work. (f) If Tenant fails to perform Tenant’s obligations under this Section or under any other section of this Lease, after five (5) days’ prior written notice to Tenant, its employeesexcept in an emergency when no notice shall be required, inviteesLandlord may enter the Leased Premises, perform the obligations on Tenant’s behalf, and visitors use certain numbered spaces to be designated recover the cost of performance, together with interest at the maximum rate then allowed by Landlordlaw, as additional rent payable by Tenant with the next installment of Base Rent.

Appears in 1 contract

Samples: Industrial Lease

Repairs and Maintenance. 19.1. Landlord shall repair and maintain the structural and exterior portions and Common Areas of the Building and the Project, including, without limitation, roofing and covering materials, foundations, exterior walls, plumbing, fire sprinkler systems (if any), heating, ventilating, air conditioning, elevators, and electrical systems installed or furnished by Landlord. Any costs related to the repair or maintenance activities specified in this Section 19.1 shall be included as a part of Operating Expenses, unless such repairs or maintenance is (a) specifically excluded from the definition of Operating Expenses above, in which case Landlord shall not charge Tenant any portion thereof, or (b) required in whole or in part because of any act, neglect, fault or omissions of Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the cost of such repairs and maintenance. 19.2. Except for services of Landlord, if any, required by Section 19.1, Tenant shall at its Tenant’s sole cost and expense maintain only the roof, downspouts, gutters, foundation, utility lines located outside and keep the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear and insured casualty excepted. Tenant shall, upon the structural soundness of the (b) Tenant shall at its own cost and expense keep and maintain all parts expiration or sooner termination of the Term, surrender the Premises (except those for which to Landlord is expressly responsible under the terms in as good of this Lease) in good conditiona condition as when received, promptly making all necessary repairs ordinary wear and replacements, including, but not limited to, windows, glass tear and plate glass, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debris. Tenant shall not be obligated to repair any insured casualty covered by the insurance to be maintained by Landlord pursuant to subparagraph 10(A) below. To the extent deemed necessary by Landlord, Landlord shall make available to Tenant for its use in effecting repairs, any warranties with respect to components of the Building. (c) Tenant shall enter into a maintenance contract providing for the periodic maintenance of all hot water, heating and air conditioning systems and units in the Premises, and removal and replacement of filters, and shall enter into a janitorial contract providing for the daily cleaning of the Premises. These contracts shall be with parties and upon such terms and conditions as shall be reasonably approved by Landlord. Tenant shall provide Landlord a copy of such contracts within thirty days of the Commencement Date. (d) Tenant shall not damage any demising wall of the Building, or disturb the integrity and support provided by any demising wall excepted; and shall, at its sole cost Landlord’s request, remove all telephone and expensedata systems, promptly wiring and equipment from and serving the Premises installed by Tenant (collectively, the “Cabling”), and repair any damage or injury to any demising wall caused by Tenant or its employees, agents or invitees. (e) Tenant and its employees, customers and licensees shall have the non-exclusive right to use the parking areas as may be designated by Landlord in writing, subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking shall be available at the Building for the non-exclusive use of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent to the Building near the entrance to the Premises that shall be marked as spaces for visitorscaused thereby. Landlord shall not be responsible for enforcing Tenant's parking rights against have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any third partiespart thereof, other than pursuant to the terms and provisions of the Work Letter. 19.3. [Intentionally omitted] 19.4. Repairs under this Article 19 that are obligations of Landlord may requireare subject to allocation among Tenant and other tenants as Operating Expenses, at its optionexcept as otherwise provided in this Article 19 or as specifically excluded from the definition of Operating Expenses in Article 10. 19.5. This Article 19 relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project and any related facilities. In the event of fire, earthquake, flood, vandalism, war, terrorism, natural disaster or similar cause of damage or destruction, Article 25 shall apply in its sole discretion, that Tenant, its employees, invitees, and visitors use certain numbered spaces to be designated by Landlordlieu of this Article 19.

Appears in 1 contract

Samples: Lease (Avi Biopharma Inc)

Repairs and Maintenance. (a) Landlord Tenant’s entry into possession of the Demised Premises shall at its expense maintain only be conclusive proof that the roofDemised Premises are, downspoutsas of the commencement date, gutters, foundation, utility lines located outside the Premises in good condition and the structural soundness of the (b) repair and in all ways acceptable to Tenant. Tenant shall at its own be responsible for the full cost and expense to maintain it’s building. Tenant shall continue to keep and maintain all parts of the Premises (except those for which Landlord is expressly responsible under the terms of this Lease) same in good condition, promptly making condition and repair and make all necessary repairs thereto, including without limitation, the interior and replacementsexterior of the premises, includingall structural and non-structural portions thereof, but not limited toand all pipes, windowsconduits, glass and plate glassduct work of the electrical, doorssecurity, any special office entryplumbing, interior wallsheating, finish work, floors and floor covering, heating ventilation and air conditioning and sprinkler systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debris. Tenant shall not be obligated to repair any casualty covered by hereby waives the insurance to be maintained by Landlord pursuant to subparagraph 10(Aprovisions of Sections 1941 and 1942, and Section 1932 (2), and Section 1933 (4) below. To the extent deemed necessary by Landlord, Landlord shall make available to Tenant for its use in effecting repairs, any warranties with respect to components of the Building. (c) Tenant shall enter into a maintenance contract providing for the periodic maintenance Civil Code of all hot water, heating and air conditioning systems and units in the Premises, and removal and replacement of filters, and shall enter into a janitorial contract providing for the daily cleaning of the PremisesCalifornia. These contracts All such repairs shall be with parties and upon such terms and conditions made by Tenant as shall be speedily as reasonably approved by Landlord. Tenant shall provide Landlord a copy of such contracts within thirty days of the Commencement Date. (d) Tenant shall not damage any demising wall of the Building, or disturb the integrity and support provided by any demising wall and shall, possible at its Tenant’s sole cost and expense. In accordance with the foregoing, promptly Tenant shall retain the services of an air conditioning service company for periodic inspection and repair, not less frequently than once each month. If Tenant fails to engage the services of an air conditioning company, Landlord may, without further notice, retain a company for such purposes and xxxx Tenant for the cost thereof, and Tenant shall reimburse Landlord within ten (10) days of receipt of Landlord’s xxxx. In addition, it shall be the obligation of Tenant, at Tenant’s expense, in the event that the Demised Premises are subject to termite infestation at any time or times during the Lease term, to procure the services of a licensed pest control company for purposes of eliminating the infestation, and Tenant shall, in such event, also be required to repair any all damage incurred in or injury to any demising wall caused by Tenant about the Demised Premises, whether structural or its employees, agents or invitees. (e) Tenant and its employees, customers and licensees shall have the non-exclusive right structural, by reason of the infestation and the elimination thereof. If Tenant fails to use meet the parking areas as obligations set forth in the previous sentence, Landlord may be designated by perform the necessary work and xxxx Tenant for the cost, and Tenant shall reimburse Landlord in writingwithin ten (10) days of receipt of Landlord’s xxxx. Notwithstanding the foregoing, subject Lessor shall make the following repairs to reasonable rules the Demised Premises and regulations the building of which the Demised Premises form a part and Tenant shall reimburse Landlord Tenant’s pro-rata share of the costs thereof. Such items shall include without limitation: roof (excluding structural portions), service lines and drops located outside the perimeter of the Demised Premises, and painting or staining of exterior walls, trim, or accessories as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenantsdetermines. Parking Tenant’s pro-rata share thereof shall be available calculated by multiplying the total amount thereof by a fraction, the numerator of which is the leasable area within the Demised Premises and the denominator of which is the gross leasable area within the building of which the Demised Premises form a part. In the event any repairs are required to Tenant’s sign and Tenant fails to make such required repairs, Landlord shall repair same upon five (5) days notice to Tenant, at Tenant’s sole cost and expense plus interest at the Building Interest Rate from the date of Landlord’s payment thereof. Tenant shall promptly notify Landlord in writing of the need for any of the non-exclusive use of Tenant foregoing repairs which Landlord shall perform at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent to the Building near the entrance to the Premises that shall be marked as spaces for visitorsLandlord’s expense. Landlord shall not have the right to enter the Demised Premises upon 24 hours notice at any time with men and equipment as may be responsible deemed necessary by Landlord to make such repairs. In no event shall Landlord be liable for enforcing any loss, damage (including water damage), theft or destruction of or to any merchandise, fixtures, money, or other property belonging to any other party (including Tenant's parking ) as a result of Landlord’s failure to promptly make or correctly perform any of the foregoing repairs unless caused by a willful act or negligence of Landlord, its agents, employees, contractors, servants, or designees while making such repairs. In the event Tenant fails or refuses to make any repairs it is required to make, in addition to all other rights against and remedies hereunder and any third partiesother which now or hereafter may be available to Landlord at law or in equity, Landlord shall have the right to enter the Demised Premises with men and equipment to perform such repairs on behalf and at the expense of Tenant. Landlord may requiremake any and all emergency repairs as Landlord deems necessary. In the event of any of the foregoing, Tenant shall reimburse Landlord Landlord’s costs and expenses thereto together with ten percent (10%) covering Landlord’s overhead. Such reimbursement shall be made together with the next monthly installment of rent. In the event Tenant fails to timely reimburse Landlord such amount shall bear interest at its option, in its sole discretion, that Tenant, its employees, invitees, and visitors use certain numbered spaces to be designated by Landlordthe Interest Rate (as hereinafter defined).

Appears in 1 contract

Samples: Standard Shopping Center Lease (Community Bancorp Inc)

Repairs and Maintenance. (a) Landlord shall at its expense maintain only the roof, downspouts, gutters, foundation, utility lines located outside the Premises and the structural soundness of the (b) Tenant shall at its own cost and expense keep and maintain all parts of the Premises (except those for which Landlord is expressly responsible under and such portion of the terms Development within the exclusive control of this Lease) Tenant in good condition, promptly making all necessary repairs and replacements, includingwhether ordinary or extraordinary, with materials and workmanship of the same character, kind and quality as the original, including but not limited to, windows, glass and plate glass, doors, any special office entryentries, interior walls, walls and finish work, floors and floor coveringcoverings, heating and air conditioning systems, electrical systems and fixtures, sprinkler systems, water heaters, dock boards, truck doors, dock bumpers, and plumbing work and fixtures and regular removal of trash and debrisfixtures. Tenant as part of its obligation hereunder shall not be obligated keep the whole of the Premises in a clean and sanitary condition. Tenant will as far as possible keep all such parts of the Premises from deteriorating, ordinary wear and tear excepted, and from falling temporarily out of repair, and upon termination of this Lease in any way, Tenant will yield up the Premises to repair any Landlord in good condition and repair, loss by fire or other casualty covered by the insurance to be maintained by Landlord secured pursuant to subparagraph 10(A) below. To the extent deemed necessary by Landlord, Landlord shall make available to Tenant for its use in effecting repairs, any warranties with respect to components of the Building. (c) Tenant shall enter into a maintenance contract providing for the periodic maintenance of all hot water, heating and air conditioning systems and units in the Premises, and removal and replacement of filters, and shall enter into a janitorial contract providing for the daily cleaning of the Premises. These contracts shall be with parties and upon such terms and conditions as shall be reasonably approved by LandlordSection 13.01 excepted. Tenant shall provide Landlord a copy of such contracts within thirty days of the Commencement Date. (d) Tenant shall not damage any demising wall of the Building, or disturb the integrity and support provided by any demising wall and shall, at its sole own cost and expense, promptly as additional rent, pay for the repair of any damage or injury to any demising wall caused by Tenant or its employeesthe Premises, agents or invitees. (e) Tenant and its employees, customers and licensees shall have the non-exclusive right to use the parking areas as may be designated by Landlord in writing, subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking shall be available at the Building for or the non-exclusive use Development resulting from and/or caused in whole or in part by the negligence or misconduct of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent to the Building near the entrance to the Premises that shall be marked as spaces for visitors. Landlord shall not be responsible for enforcing Tenant's parking rights against any third parties. Landlord may require, at its option, in its sole discretion, that Tenant, its agents, servants, employees, inviteespatrons, customers, or any other person entering upon the Development as a result of Tenant's business activities or caused by Tenant's default hereunder. Landlord agrees to use its best efforts to have all system warranties received from the general contractor of subcontractors issued in the name of Landlord and visitors use certain numbered spaces Tenant, provided, however, that Tenant shall only have rights under the system warranties during the rental term including any extended term. If a system warranty cannot be issued in the joint name of Landlord and Tenant, then Tenant's obligation to replace a system shall be designated by Landlordlimited to the extent not covered under the system warranty.

Appears in 1 contract

Samples: Sublease (Exult Inc)

Repairs and Maintenance. (a) Landlord shall at its expense maintain only the roofwill, downspouts, gutters, foundation, utility lines located outside the Premises and the structural soundness of the (b) Tenant shall at its own cost and expense keep and maintain all parts of the Premises (expense, except those for which Landlord is expressly responsible under the terms of this Lease) in good conditionas may be provided elsewhere herein, promptly making all make necessary repairs and replacementsof damage to the Building corridors, includinglobby, but not limited to, windows, glass and plate glass, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debris. Tenant shall not be obligated to repair any casualty covered by the insurance to be maintained by Landlord pursuant to subparagraph 10(A) below. To the extent deemed necessary by Landlord, Landlord shall make available to Tenant for its use in effecting repairs, any warranties with respect to components of the Building. (c) Tenant shall enter into a maintenance contract providing for the periodic maintenance of all hot water, heating and air conditioning systems and units in the Premises, and removal and replacement of filters, and shall enter into a janitorial contract providing for the daily cleaning of the Premises. These contracts shall be with parties and upon such terms and conditions as shall be reasonably approved by Landlord. Tenant shall provide Landlord a copy of such contracts within thirty days of the Commencement Date. (d) Tenant shall not damage any demising wall structural members of the Building, or disturb and equipment used to provide the integrity and support provided by Building Standard services referred to in Item 8, unless any demising wall and shall, at its sole cost and expense, promptly repair any such damage or injury to any demising wall is caused by Tenant acts or omissions of Tenant, its agents customers, employees, agents principals, contractors, consultants, assigns, subtenants or invitees. , in which event Tenant will bear the cost of such repairs. Tenant will allow no maintenance or repairs to be done in, on, to or about the Premises other than by a licensed contractor (esuch term to include all degrees and levels of subcontractors) Tenant and its employees, customers and licensees shall have the non-exclusive right to use the parking areas as may be designated approved by Landlord in writing, subject writing prior to reasonable rules any such maintenance or repairs being undertaken. Landlord shall be entitled to require such contractor to be bonded and regulations insured in such amounts and with such companies as Landlord may from time in its discretion prescribe. Tenant will not injure the Premises or the Building but will maintain the Premises in a clean, attractive, condition and in good repair, except as to time prescribe damage to be repaired by Landlord as provided above. Upon termination of this Lease, Tenant will surrender and subject deliver the Premises to rights of ingress and egress of other tenants. Parking shall be available Landlord in the same condition in which they existed at the Building for commencement of this Lease, excepting only ordinary wear and tear and damage arising from any cause not required to be repaired by Tenant, or Landlord approved alterations and improvements. This Item 12 shall not apply in the non-exclusive use case of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent to damage or destruction by fire or other casualty which is covered by insurance maintained by Landlord on the Building near the entrance (as to the Premises that which Item 15 hereof shall be marked apply) or damage resulting from an Eminent Domain taking (as spaces for visitors. Landlord to which Item 17 hereof shall not be responsible for enforcing Tenant's parking rights against any third parties. Landlord may require, at its option, in its sole discretion, that Tenant, its employees, invitees, and visitors use certain numbered spaces to be designated by Landlordapply).

Appears in 1 contract

Samples: Lease Agreement (Cross Country Healthcare Inc)

Repairs and Maintenance. (a) Landlord 14.01. Tenant shall take good care of the Demised Premises. Tenant, at its expense maintain only expense, shall promptly make all repairs, ordinary or extraordinary, interior or exterior, structural or otherwise in and about the roof, downspouts, gutters, foundation, utility lines located outside the Demised Premises and the structural soundness Building, as shall be required by reason of the (bi) Tenant shall at the performance of Tenant's Finish Work or Tenant's Changes; (ii) the installation, use or operation of Tenant's Property in the Demised Premises by Tenant, its own cost and expense keep and maintain all parts agents or employees; (iii) the moving of Tenant's Property in or out of the Premises Building; or (except those for which Landlord is expressly responsible under iv) the terms misuse or neglect of this Lease) in good conditionTenant or any of its employees, promptly making all necessary repairs and replacementsagents, including, contractors or invitees; but not limited to, windows, glass and plate glass, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debris. Tenant shall not be obligated to repair responsible, and Landlord shall be responsible, for any casualty covered of such repairs as are required by reason of Landlord's neglect or other fault in the manner of performing any of Tenant's Finish 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 insurance to neglect or other fault of Landlord or its employees, agents, or contractors or as a result of reasonable wear and tear, Tenant, at its expense, shall replace all damaged or broken doors or other glass in or about the Demised Premises and shall be maintained by Landlord pursuant to subparagraph 10(A) below. To the extent deemed necessary by Landlord, Landlord shall make available to Tenant responsible for its use in effecting all repairs, any warranties with respect to components maintenance, and replacement of wall and floor coverings in the Building. (c) Tenant shall enter into a maintenance contract providing Demised Premises and, for the periodic repair and maintenance of all hot waterlighting fixtures therein. 14.02. Landlord, heating subject to the provisions of Section 5.04, shall keep and air conditioning maintain the Building and its fixtures, appurtenances, systems and units in facilities serving the Demised Premises, and removal and replacement of filtersin good working order, condition, and repair and shall enter into a janitorial contract providing make with all due diligence all repairs, structural and otherwise, interior and exterior, as and when needed in or about the Demised Premises, except for the daily cleaning those repairs for which Tenant is responsible pursuant to any other provisions of the Premises. These contracts shall be with parties and upon such terms and conditions as shall be reasonably approved by Landlord. Tenant shall provide Landlord a copy of such contracts within thirty days of the Commencement Datethis Lease. (d) 14.03. Landlord shall have no liability to Tenant shall not damage by reason of any demising wall of the Buildinginconvenience, or disturb the integrity and support provided by any demising wall and shallannoyance, at its sole cost and expenseinterruption, promptly repair any damage or injury to Tenant's business arising from Landlord's making any demising wall caused repairs or changes which Landlord is required or permitted by Tenant this Lease or required by law, to make in or to any portion of the Building or the Demised Premises, or in or to the fixtures, equipment of appurtenances of the Building or the Demised Premises, unless Landlord or any of its employees, agents or invitees. (e) contractors was negligent in making such repairs or changes and provided that Landlord shall use due diligence with respect thereto and shall perform such work, except in case of emergency, at a time reasonably convenient to Tenant and its employees, customers and licensees shall have the non-exclusive right to use the parking areas otherwise in such a manner as may be designated by Landlord in writing, subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking shall be available at the Building for the non-exclusive will not materially interfere with Tenant's use of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent to the Building near the entrance to the Premises that shall be marked as spaces for visitors. Landlord shall not be responsible for enforcing Tenant's parking rights against any third parties. Landlord may require, at its option, in its sole discretion, that Tenant, its employees, invitees, and visitors use certain numbered spaces to be designated by LandlordDemised Premises.

Appears in 1 contract

Samples: Lease Agreement (I Many Inc)

Repairs and Maintenance. (a) Except with respect to Landlord Repairs (as defined below), Tenant, at Tenant’s expense, shall at its expense maintain only the roof, downspouts, gutters, foundation, utility lines located outside the Premises and the structural soundness of the (b) Tenant shall at its own cost and expense keep and maintain all parts of the Premises (except those for which Landlord is expressly responsible under the terms of in good order and condition. As used in this Lease) in good condition, “maintain” shall include without limitation promptly making all necessary repairs and replacements, including, but not limited to, windows, glass any reasonably necessary replacements necessary to keep and plate glass, doors, any special office entry, interior walls, finish work, floors maintain such in good order and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debriscondition. Tenant shall not be obligated have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or advising Landlord of Tenant’s desire to repair any casualty covered by the insurance have Landlord make such repairs, in which case Tenant shall pay to be maintained by Landlord pursuant to subparagraph 10(A) belowfor such repairs at Landlord’s then-standard rate. To the extent deemed necessary by Landlordthat Tenant requests that Landlord make any other repairs that are Tenant’s obligation to make under this Lease, Landlord shall may elect to make available to Tenant for its use in effecting repairssuch repairs on Tenant’s behalf, any warranties with respect to components of the Building. (c) at Tenant’s expense, and Tenant shall enter into a maintenance contract providing for pay to Landlord such expense. If Tenant has been in default under this Lease, Landlord may elect to require that Tenant prepay the periodic maintenance amount of all hot watersuch repair. All Tenant repairs shall comply with Laws and utilize materials and equipment that are at least equal in quality, heating and air conditioning systems and units in the Premisesnumber, and removal usefulness to those originally used in constructing the Building and replacement of filters, and shall enter into a janitorial contract providing for the daily cleaning of the Premises. These contracts In addition, Tenant shall be maintain, at Tenant’s expense, Tenant’s Supplemental HVAC, Premises Water Heaters, and/or Alterations in a clean and safe manner and in proper operating condition throughout the Term. “Tenant’s Supplemental HVAC” means any supplemental HVAC system serving the Premises (regardless of who installed it). “Premises Water Heater” means any water heater serving the Premises (regardless of who installed it), including without limitation expansion tanks and any associated piping. Tenant shall maintain Tenant’s Supplemental HVAC under a service contract with parties a firm and upon such terms and conditions as shall may be reasonably approved by satisfactory to Landlord, including EXHIBIT 10.35 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. Further, Tenant shall ensure that all Premises Water Heaters have a copy of such contracts within thirty days working automatic water shut-off device with audible alarm and a leak pan underneath with the drain line run to a suitable floor drain. All repairs to the Building and/or the Project made necessary by reason of the Commencement Date. installation, maintenance, and operation of Tenant’s Supplemental HVAC, Premises 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 make repairs for which Tenant is responsible hereunder (dat Tenant’s cost) without giving Tenant prior notice, but in such case Landlord shall not provide notice to Tenant as soon as practicable thereafter, and Landlord shall take commercially reasonable steps to minimize the costs incurred. Further, Landlord shall have the right to make repairs for which Tenant is responsible hereunder (at Tenant’s cost) with prior notice to Tenant if Landlord believes in its sole and absolute discretion that the repairs are necessary to prevent harm or damage any demising wall of to the Building, 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 Tenant or its employees, agents or invitees. (e) Tenant and its employees, customers and licensees shall have the non-exclusive right to use the parking areas as may be designated by Landlord in writing, subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking shall be available at the Building for the non-exclusive use of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent to the Building near the entrance to the Premises that shall be marked as spaces for visitors. Landlord shall not be responsible for enforcing Tenant's parking rights against any third parties. Landlord may require, at its option, in its sole discretion, that Tenant, its employees, invitees, and visitors use certain numbered spaces take commercially reasonable steps to be designated by Landlordminimize the costs incurred.

Appears in 1 contract

Samples: Lease Agreement (Asure Software Inc)

Repairs and Maintenance. (a) Except as otherwise specifically provided herein, Tenant, at its sole cost and expense and throughout the term of this lease and extensions hereof, shall keep and maintain the Premises in good order and condition and shall promptly make all repairs, replacements and renewals necessary to keep and maintain such in good order and condition, normal wear and tear excepted. All repairs, replacements and renewals made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. Tenant shall have no obligation to perform any structural repairs to the building or any part thereof or any repairs to, or replacements of, any building systems (except as provided below). Landlord shall make all repairs to the Premises resulting from the gross negligence or willful misconduct of Landlord or Landlord's agents, employees, or contractors. (b) Landlord, throughout the term and extensions hereof and at its expense maintain only Landlord's sole cost and expense, shall make all necessary repairs to the roof, downspouts, gutters, foundation, utility lines located outside footings and foundations and the structural steel columns and girders forming a part of the Premises and the structural soundness roof the walls and the exterior parts of thethe Premises and the Building. Provided, however, that Tenant shall pay the cost of repairs to the walls and exterior portions of the Premises and the Building and for the repair and/or replacement of any damage which arises out of or is caused by Tenant's use, manner of use or occupancy of the Premises, or by Tenant's installation in or upon the Premises of any item or by any act or omission of Tenant or any employee, agent, contractor or invitee of Tenant. In addition, Landlord shall make all repairs to the Premises resulting from the gross negligence or intentional act of Landlord or Landlord's agents, employees, contractors or invitees. (bc) Landlord, throughout the term of this lease and extensions hereof, shall make all necessary repairs to the utility lines and equipment and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements in the Complex. Tenant shall pay its Proportionate Share of the cost of all repairs specified in this paragraph (c) as additional rent, upon being billed by Landlord, except, Tenant shall not be responsible for repairs made necessary because of any abuse by or any negligent acts or omissions of (i) any other tenant of the Complex or such tenant's employees, agents, contractors, or invitees, to the extent same are paid for by such tenant, or (ii) the Landlord or Landlord's agents, employees, contractors or invitees and except for any such repairs caused by Tenant, its employees, agents, contractors or invitees which shall be paid entirely (and not just the Proportionate Share) of such repairs. (d) During the term of this lease, the Tenant shall maintain the HVAC unit or units serving the Premises in good condition and repair at its sole cost and expense. Tenant agrees to keep in force a service contract on the HVAC unit(s) with a contractor mutually selected by the Landlord and Tenant. The HVAC unit(s) shall be subject to Tenant's control. Landlord warrants and represents that the HVAC unit will be in good condition and working order on the Commencement Date. (e) Tenant shall provide, at its own cost expense, janitorial and expense cleaning services for the Premises. Landlord shall keep and maintain all parts common areas of the Complex in a clean and orderly condition, free of accumulation of dirt and rubbish, shall provide dumpster(s) and trash removal, shall keep and maintain all landscaped areas in a neat and orderly condition, and shall perform all necessary snow removal to clear sidewalks, parking areas and access ways, which serve more than one tenant of the Building. The cost of the Increases of all such cleaning services shall be paid by Tenant as provided in Paragraph 7. (f) Landlord agrees to make all repairs required hereunder as quickly as possible under the circumstances (provided Landlord receives notice of required repairs) and to use reasonable efforts to avoid adversely interfering with Tenant's business. Except in an emergency, Landlord shall give advance notice prior to entering the Premises and shall comply with Tenant's reasonable security measures. Landlord shall not be liable for inconvenience, annoyance, disturbance or other damage to Tenant (except those for which damage caused by the Landlord, its agents, or contractors) by reason of making any repair or by bringing or storing materials, supplies, tools and equipment in the Premises during the performance of any work, and the obligations of Tenant under this lease shall not thereby be affected in any matter whatsoever. (g) Tenant shall not use or permit the use of any portion of the Complex for outdoor storage unless otherwise permitted. (h) Tenant may install at its sole cost and expense a satellite dish on the roof of the Building at a location mutually agreeable to the Landlord and Tenant, so long as (i) all applicable governmental licenses and approvals are obtained; (ii) the satellite dish is expressly responsible under not prominently visible and is shielded to Landlord's satisfaction; (iii) the terms structural integrity of this Lease) in good condition, promptly making all necessary repairs and replacementsthe Building, including, but not limited to, windows, glass and plate glass, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debris. Tenant shall not be obligated to repair any casualty covered by the insurance to be maintained by Landlord pursuant to subparagraph 10(A) below. To the extent deemed necessary by Landlord, Landlord shall make available to Tenant for its use in effecting repairs, any warranties with respect to components of the Building. (c) Tenant shall enter into a maintenance contract providing for the periodic maintenance of all hot water, heating and air conditioning systems and units in the Premises, and removal and replacement of filters, and shall enter into a janitorial contract providing for the daily cleaning of the Premises. These contracts shall be with parties and upon such terms and conditions as shall be reasonably approved by Landlord. Tenant shall provide Landlord a copy of such contracts within thirty days of the Commencement Date. (d) Tenant shall not damage any demising wall of the Building, or disturb the integrity and support provided by any demising wall and shall, at its sole cost and expense, promptly repair any damage or injury to any demising wall caused by Tenant or its employees, agents or invitees. (e) Tenant and its employees, customers and licensees shall have the non-exclusive right to use the parking areas as may be designated by Landlord in writing, subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking shall be available at the Building for the non-exclusive use of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent to the roof, is not damaged in any way; (iv) existing Building near warranties are not affected adversely or diminished in any way; and (v) the entrance to the Premises that shall be marked as spaces for visitors. installation is performed under Landlord's supervision, if Landlord shall not be responsible for enforcing Tenant's parking rights against any third parties. Landlord may require, at its option, in its sole discretion, that Tenant, its employees, invitees, and visitors use certain numbered spaces to be designated by Landlordso elects.

Appears in 1 contract

Samples: Lease Agreement (Tsi Telsys Corp)

Repairs and Maintenance. (a) Landlord shall at its expense X. Xxxxxxxx agrees to maintain only in good condition and repair the foundation, roof, downspoutselevators, guttersexterior masonry walls and all Common Areas (including landscaping and snow removal), foundationas well as sewer, utility lines water and other pipes and conduits located outside beyond the Premises and the structural soundness of the (b) Tenant shall at its own cost and expense keep and maintain all parts boundaries of the Premises to the extent such sewer, water and other pipes and conduits do not exclusively serve the Premises; and to make all repairs becoming necessary by reason of any structural defects; provided, however, that Landlord shall not be required to make any repairs necessitated by reason of the act or omission of Tenant, its officers, agents, employees, visitors or anyone claiming under or through Tenant, or caused by any alteration, addition or improvement made by Tenant, and if Landlord does make any such repair, Tenant shall promptly, upon demand, reimburse Landlord the cost thereof. B. Landlord shall provide the following: (except those i) Heating, ventilation and air conditioning in the Premises at a temperature required in Landlord’s reasonable judgment for which comfortable occupancy of the Premises during the hours of 7:00 AM to 7:00 PM, Monday through Friday and 8:00 AM to 5:00 PM, Saturday (a low of 67 degrees, a high of 75 degrees during such normal operating hours). If Tenant requires service at any other time or requires a different temperature level, Landlord shall furnish such “after hours” and/or additional service upon reasonable prior notice from Tenant, and Tenant shall pay, as Additional Rent hereunder, all of Landlord’s cost (currently $75 per hour for a minimum of 2 hours for “after hours” service and costs to be determined for additional service) within 30 days of receipt of an invoice therefore. Landlord will provide heating, ventilation, and air conditioning to the Premises based on standard lighting and general office use only and Landlord shall not be liable for its failure to maintain comfortable atmospheric conditions in any part of the Premises due to heat generated by any equipment or machinery installed by Tenant (with or without the consent of Landlord) that exceeds generally accepted engineering design practices for normal office purposes; such equipment/machinery includes, but is expressly responsible under not limited to: data processing equipment, heavy-duty computer equipment, reproduction equipment, and/or other machines, devices or equipment that adversely affect the terms temperature otherwise maintained in the Premises. If Tenant requires additional cooling to offset excessive heat generated by such equipment or machinery, Tenant shall pay for auxiliary cooling equipment and its operating costs within thirty (30) days of this Leasereceipt of an invoice from Landlord. (ii) in good conditionCold water for drinks, promptly making lavatory and toilet purposes and hot water for lavatory purposes. Tenant will, to the fullest extent prudent business practices allow, use commercially reasonable efforts to minimize its water consumption. X. Xxxxxx, from time to time, at its expense, shall make all necessary repairs and replacementsperform all necessary maintenance to the interior of the Premises and not Landlord’s responsibility pursuant to Sections 7(A), including7(B) and 8. Landlord’s reasonable determination that repairs or maintenance are necessary shall be binding on Tenant. If Tenant fails to maintain and repair the Premises as required hereunder, but not limited toLandlord may, windowson 10 days’ prior notice (except no notice shall be required in the case of emergency), glass enter the Premises and plate glassperform such maintenance or repair on behalf of Tenant. In such case, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debris. Tenant shall not be obligated to reimburse Landlord for all costs incurred in performing such maintenance or repair any casualty covered by the insurance to be maintained by Landlord pursuant to subparagraph 10(A) below. To the extent deemed necessary by Landlord, Landlord shall make available to Tenant for its use in effecting repairs, any warranties with respect to components of the Buildingimmediately upon demand. (c) Tenant shall enter into a maintenance contract providing for the periodic maintenance of all hot water, heating and air conditioning systems and units in the Premises, and removal and replacement of filters, and shall enter into a janitorial contract providing for the daily cleaning of the Premises. These contracts shall be with parties and upon such terms and conditions as shall be reasonably approved by Landlord. Tenant shall provide Landlord a copy of such contracts within thirty days of the Commencement Date. (d) Tenant shall not damage any demising wall of the Building, or disturb the integrity and support provided by any demising wall and shall, at its sole cost and expense, promptly repair any damage or injury to any demising wall caused by Tenant or its employees, agents or invitees. (e) Tenant and its employees, customers and licensees shall have the non-exclusive right to use the parking areas as may be designated by Landlord in writing, subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking shall be available at the Building for the non-exclusive use of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent to the Building near the entrance to the Premises that shall be marked as spaces for visitors. Landlord shall not be responsible for enforcing Tenant's parking rights against any third parties. Landlord may require, at its option, in its sole discretion, that Tenant, its employees, invitees, and visitors use certain numbered spaces to be designated by Landlord.

Appears in 1 contract

Samples: Office Lease

Repairs and Maintenance. (a) Landlord The Lessee shall at its expense maintain only the roofLeased Premises in good, downspoutsfirst class condition and shall make any necessary repairs or replacements. To reach this state of repair, gutters, foundation, utility lines located outside the Premises and Lessee will perform the structural soundness of the (b) Tenant various maintenance tasks according to good practice. It will provide the Lessor with periodical maintenance reports in accordance with the schedule set out in Exhibit 3. The Lessee shall at its own cost and expense keep and maintain be responsible for all parts of the Premises (except those for which Landlord is expressly responsible under the terms of this Lease) in good condition, promptly making all necessary repairs and replacements, includingeven those other than leasehold repairs (including repairs arising out of a force majeure event or normal wear), but not limited towith the exception of major repairs as defined in Articles 605 and 606 of the Belgian Civil Code, windowswhich are the responsibility of the Lessor, glass unless they can be attributed to the Lessee. The Lessor shall, however, carry out the major repairs occasioned by stability problems of the building, or required to prevent stability problems of the building, as well as major repairs to the roof and plate glassthe HVAC installation. The Lessor may order the Lessee, doorsby registered letter, to make any special office entryrepairs or replacements that s/he deems necessary. In such cases (and unless the Lessee challenges the reasonableness of the required work), interior wallsthe Lessee agrees to proceed to effect (have effected) the tasks in a timely manner, finish workand to complete them, floors to a degree reasonable for the Lessee, within two months following the sending of the written notice. Should the Lessee fail to make the repairs or replacements as requested, the Lessor is entitled to proceed with the works him/herself at the Lessee’s expense and floor coveringrisk. Throughout the entire term of this lease agreement, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debris. Tenant the Lessee shall not be obligated entitled to repair any casualty covered compensation or abatement of rent while construction, repairs or improvements are being carried out, even if they take longer than 40 days to complete. Subject to the Lessee’s being notified at least 24 hours in advance of the planned visit, except in emergencies, the Lessor, his/her authorized representatives and any building contractors(s) hired by the insurance Lessor shall have the right to be maintained enter the Leased Premises for inspection purposes and/or to carry out any repairs deemed appropriate by Landlord pursuant the Lessor, even if these repairs relate to subparagraph 10(A) belowa neighboring tenant. To The Lessor may have all installations checked each year by an expert of his/her choice. The Lessee shall allow the extent deemed necessary expert to enter the Leased Premises and to access the installations. The Lessee shall also satisfy any request for information by Landlordthe expert, Landlord shall make available to Tenant for its use in effecting repairssuch as invoices, any warranties with respect to components of the Building. (c) Tenant shall enter into a maintenance contract providing for the periodic maintenance of all hot watercontracts, heating and air conditioning systems and units in the Premiseslog books, and removal and replacement of filters, and shall enter into a janitorial contract providing for the daily cleaning of the Premisesetc. These contracts The Lessee shall be with parties and upon such terms and conditions as shall be reasonably approved by Landlord. Tenant shall provide Landlord given a copy of the expert’s report, for informational purposes only, with no admission of liability on the Lessor’s part. The Lessee agrees to strictly adhere to the recommendations contained in the expert’s report. The Lessee shall inform the Lessor promptly and by registered letter of any repairs which are the Lessor’s responsibility. In the absence of such contracts within thirty days of notification, the Commencement Date. (d) Tenant shall not damage any demising wall of the Building, or disturb the integrity and support provided by any demising wall and shall, at its sole cost and expense, promptly repair any damage or injury to any demising wall caused by Tenant or its employees, agents or invitees. (e) Tenant and its employees, customers and licensees shall have the non-exclusive right to use the parking areas as may be designated by Landlord in writing, subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking Lessee shall be available at held liable for any deterioration or consequential damage resulting therefrom. Once the Building for Lessor has been duly notified of his/her responsibility to complete certain repairs, s/he agrees to take all necessary measures to carry them out promptly, and to act with the non-exclusive use of Tenant at a ratio of five spaces per 1,000 rentable square feetcustomary due diligence. Included within this ratio shall be seven parking spaces located adjacent to the Building near the entrance to the Premises that shall be marked as spaces for visitors. Landlord The Lessor shall not be responsible held liable for enforcing Tenant's parking rights against any third parties. Landlord loss or damage that the Lessee may requiresustain or incur by reason of an interruption in the use of building services for reasons beyond the Lessor’s control, at its option, provided that the Lessor has taken all reasonable steps to keep these services in its sole discretion, that Tenant, its employees, invitees, and visitors use certain numbered spaces good working order or to be designated by Landlordrestore them after a failure or interruption.

Appears in 1 contract

Samples: Warehouse Lease Agreement (Skechers Usa Inc)

Repairs and Maintenance. 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 condition, damages by fire or casualty, the elements, condemnation, repairs that are not Tenant’s responsibility hereunder 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. Tenant shall maintain and make all repairs to the floor surface, plumbing and electrical systems including all ballasts and fluorescent fixtures located within and exclusively serving the Leased Premises. Landlord shall be responsible for repairs necessary to the Building structure, roof, exterior windows, doors and load-bearing walls, and electric and plumbing and other Building systems to the point where they enter the Leased Premises, and the maintenance of the HVAC systems located in the common mechanical room and on the roof along with the other mechanical systems located in the common mechanical room provided, however, that Landlord shall not be required to make, and Tenant shall be responsible for, any repairs occasioned by the 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 obligation to repair, except as to routine maintenance, is conditioned upon receipt by Landlord of such prior 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. Landlord shall have no other maintenance or repair obligations whatsoever with respect to the Leased Premises except that Landlord shall perform and construct any repair, maintenance or improvements (a) necessitated by the acts or omissions of Landlord shall at or its expense maintain only the roofagents, downspoutsemployees or contractors, gutters, foundation, utility lines located outside the Premises and the structural soundness of the (b) for which Landlord has a warranty, or (c) which could be treated as a “capital expenditure” under generally accepted accounting principles. Except for the foregoing, 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, interior windows and window frames, all wall and floor coverings, all building systems and components thereof which exclusively service the Leased Premises including, without limitation, 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. The term “repair” as used in this Section shall include replacements when necessary. Landlord agrees to maintain the Leased Premises at a minimum temperature of 45 degrees to prevent the freezing of domestic water and sprinkler pipes and no higher than 78 degrees to prevent humidity, mold and mildew. Landlord will provide Tenant’s desired comfortable office temperature so long as the same is within the temperature range set forth above. 7.2 The Tenant shall, at its own cost and expense keep expense, pay all utility charges, including telephone and maintain all parts of cable service, and to the Premises (except those extent provided in Section 7.4, gas and electric, servicing the Leased Premises. Landlord shall have the option, at Landlord’s sole cost, to install, at its own cost, separate water meter and invoice Tenant directly for which Landlord is expressly responsible under the terms of this Lease) in good condition, promptly making all necessary repairs and replacements, including, but not limited to, windows, glass and plate glass, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debrisits water/sewer usage. Tenant shall not be obligated to repair store any casualty covered by items outside the insurance to be maintained by Landlord pursuant to subparagraph 10(A) below. To the extent deemed necessary by Landlord, Landlord shall make available to Tenant for its use in effecting repairs, any warranties with respect to components of the Building. (c) Tenant shall enter into a maintenance contract providing for the periodic maintenance of all hot water, heating and air conditioning systems and units in the Leased Premises, and removal shall deliver its garbage and replacement of filters, and shall enter into a janitorial contract providing for recyclables to the daily cleaning of central receiving area on the Premises. These contracts shall be with parties and upon such terms and conditions as shall be reasonably approved by Landlordlot. Tenant shall provide Landlord a copy dispose of such contracts within thirty days of the Commencement Dateall hazardous/medical waste with an approved hauler at its own cost and in compliance with all applicable laws, ordinances or rules and regulations. (d) Tenant shall 7.3 Landlord does not damage warrant that any demising wall of the Building, services Landlord 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 Tenant or its employees, agents or invitees. (e) Tenant and its employees, customers and licensees shall have the non-exclusive right to use the parking areas as public utilities supply will not be interrupted. Services may be designated by interrupted because of accidents, repairs, alterations, improvements or any other reason beyond the reasonable control of Landlord in writing, subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking shall be available at the Building for the non-exclusive use of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent to the Building near the entrance to the Premises that shall be marked as spaces for visitors. Landlord shall not be responsible subject to liability as a result thereof. Notwithstanding the foregoing, if the Leased Premises should become not reasonably suitable for enforcing Tenant's parking rights against ’s use as a consequence of cessation of utilities, interference with access to the Leased Premises, legal restrictions or the presence of any third parties. Landlord may require, at its option, in its sole discretion, that Hazardous Material which does not result from Tenant, its employees, invitees’s release or emission of such Hazardous Material, and visitors in any of the foregoing cases the interference with Tenant’s use certain numbered spaces of the Leased Premises persists for ten (10) business days, then Tenant shall be entitled to an equitable abatement of rent to the extent of the interference with Tenant’s use of the Leased Premises occasioned thereby. If the interference persists for more than ninety (90) days, Tenant shall have the right to terminate this Lease. 7.4 Landlord shall charge and Tenant shall pay for natural gas and electric utility charges at the rate of $7.50 per rentable square foot of the Leased Premises per year. This amount shall be designated by adjusted as of the end of each year as follows: the budget will be compared to actual bills with any differential from that year’s billing being reconciled at that time via either credit to Tenant or payment to Landlord.

Appears in 1 contract

Samples: Lease Agreement (PMV Pharmaceuticals, Inc.)

Repairs and Maintenance. (a) Landlord 14.01 Tenant shall at its expense maintain only take good care of the roof, downspouts, gutters, foundation, utility lines located outside the Demised Premises and the structural soundness of the (b) Tenant shall fixtures and appurtenances therein, and at its own sole cost and expense keep shall make all repairs thereto, as and maintain when needed to preserve them in good working order and condition except as otherwise provided in Section 14.02 hereof. In addition, Tenant, at its expense, shall promptly make all parts repairs, ordinary or extraordinary, interior or exterior, structural or otherwise, in and about the Demised Premises and the Building as shall be required by reason of (i) the performance or existence of work by Tenant necessary to suit the Demised Premises to Tenant's initial occupancy or in connection with Tenant's Changes, (ii) the installation, use or operation of Tenant's Property in the Demised Premises, (iii) the moving of Tenant's Property in or out of the Premises Building, or (except those for which Landlord is expressly responsible under iv) the terms misuse or neglect of this Lease) in good conditionTenant or any of its employees, promptly making all necessary repairs and replacements, including, but not limited to, windows, glass and plate glass, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debrisagents or contractors. Tenant shall not be obligated responsible, and Landlord shall be responsible, for any repairs to repair the Demised Premises as are required by reason of Landlord's neglect or other fault in the manner of performing any casualty covered by the insurance Work provided for in Article 3 which Landlord is to perform in Tenant's Changes which may be maintained undertaken by Landlord pursuant to subparagraph 10(A) below. To the extent deemed necessary for Tenant's account or are otherwise required by Landlord, reason of neglect or other fault of Landlord shall make available to Tenant for its use in effecting repairs, any warranties with respect to components of the Building. (c) Tenant shall enter into a maintenance contract providing for the periodic maintenance of all hot water, heating and air conditioning systems and units in the Premises, and removal and replacement of filters, and shall enter into a janitorial contract providing for the daily cleaning of the Premises. These contracts shall be with parties and upon such terms and conditions as shall be reasonably approved by Landlord. Tenant shall provide Landlord a copy of such contracts within thirty days of the Commencement Date. (d) Tenant shall not damage any demising wall of the Building, or disturb the integrity and support provided by any demising wall and shall, at its sole cost and expense, promptly repair any damage or injury to any demising wall caused by Tenant or its employees, agents or inviteescontractors. 14.02 Landlord shall keep and maintain the Building and its fixtures, appurtenances, systems and facilities (e) including the heating, ventilating and air-conditioning systems and the central or core elevator and plumbing systems), serving the Demised Premises, in good working order, condition and repair and shall make all structural repairs, interior and exterior, except as indicated in the second sentence of Section 14.01, as and when needed in the Building, except for those repairs for which Tenant is responsible pursuant to any other provisions of this Lease, and subject to all other provisions of this Lease, including but not limited to the provisions of Article 22. Landlord to maintain building as first class office building - in compliance with laws including ADA. 14.03 Except as expressly otherwise provided in this Lease, except for gross negligence or wilful misconduct of Landlord, its agents, employees or contractors, Landlord shall have no liability to Tenant by reason of any inconvenience, annoyance, interruption or injury to business arising from Landlord or any tenant making any repairs or changes or performing maintenance services, whether or not Landlord is required or permitted by this Lease or by law to make such repairs or changes or to perform such services in or to any portion of the Building or Demised Premises, or in to the fixtures, equipment or appurtenances of the Building or the Demised Premises, provided that Landlord shall be reasonably diligent with respect thereto and shall perform such work, except in case of emergency, at times reasonably convenient to Tenant and its employees, customers otherwise in such manner and licensees to the extent practical as will not unreasonably interfere with Tenant's use and occupancy of the Demised Premises. 14.04 When used in this Lease the term "repair" shall have the non-exclusive right be deemed to use the parking areas include restoration and replacements as may be designated by Landlord in writing, subject necessary to reasonable rules achieve and/or maintain good working order and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking shall be available at the Building for the non-exclusive use of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent to the Building near the entrance to the Premises that shall be marked as spaces for visitors. Landlord shall not be responsible for enforcing Tenant's parking rights against any third parties. Landlord may require, at its option, in its sole discretion, that Tenant, its employees, invitees, and visitors use certain numbered spaces to be designated by Landlordcondition.

Appears in 1 contract

Samples: Lease Agreement (Focal Communications Corp)

Repairs and Maintenance. 7.1 During the term of this lease, the Landlord, at its cost and expense shall keep in good order, safe condition and repair, the exterior walls, structural steel, roof, roof membrane, foundation, floors, load bearing members, plate glass (except as provided in Article 11), elevators, HVAC and plumbing, as well as all sanitary sewer, storm sewer and utility lines and facilities serving the leased premises, except for repairs or maintenance occasioned by the negligence or deliberate act of Tenant, or its agents, servants, employees and invitees which shall be then repaired at the cost and expense of the Tenant, limited, however, to the extent of Tenant's said negligence. Landlord agrees to maintain the Building of which the leased premises are a part as a Class B office building. In addition, the Landlord shall: (i) take care of and maintain and repair the lawns, shrubbery, driveways, sidewalks, curbs, exterior and common area lighting, walkways and parking area on the property, and the Landlord shall keep the parking area free of snow and ice and provide dumpster service; and (ii) with respect to general building maintenance, shall undertake general maintenance of the building core and common areas, except as otherwise hereinafter set forth in Article 7.2. 7.2 Tenant, at its sole cost and expense, shall take good care of the leased premises and shall keep and maintain the interior of the leased premises so as to maintain the same as a Class B office facility; provided, however, Tenant shall only be required to maintain these items in the same condition as exists as of the Commencement Date, reasonable wear and tear excepted. The obligations of the Tenant in connection with the foregoing shall include the following obligations for maintenance, service and repair applicable to Tenant's leased premises (but not the replacement of items which might otherwise be required to be replaced at the termination of this Lease if due to ordinary wear and tear) (a) Landlord shall at its expense maintain only the roof, downspouts, gutters, foundation, utility lines located outside the Premises and the structural soundness of theJanitorial services; (b) Tenant shall at its own cost Cleaning service as to floors, carpeting and expense keep interior windows; (c) Maintenance and maintain repair of all parts interior doors, including entrance door to the leased premises; (d) Maintenance and repair of any and all fixtures and equipment, including water coolers, if any; (e) Maintenance and repair of venetian blinds, floor coverings and drapes, if any; (f) Maintenance and repair or replacement of any and all interior building locks and/or security devices; (g) Replacement of all bulbs, ballasts and fluorescent tubes, including labor. 7.3 If after the Premises (except those for which Landlord is expressly responsible under the terms Commencement Date and by reason of this Lease) in good conditionstrike, promptly making all necessary repairs and replacementslabor disputes or other cause outside Landlord's control, including, but not limited to, windowsgovernmental preemption in connection with a national emergency or any rule, glass order regulation of any governmental agency, or conditions of supply and plate glass, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal demand which are affected by war or other emergency or acts of trash and debris. Tenant shall not be obligated to repair any casualty covered by the insurance to be maintained by Landlord pursuant to subparagraph 10(A) below. To the extent deemed necessary by LandlordGod, Landlord shall make available be unable to fulfill its obligations under this Lease, or to supply any service which Landlord is obligated to supply, this Lease and Tenant's obligations to pay rent hereunder shall in no way be affected, impaired or excused, except that Tenant shall receive an equitable pro rata reduction in that portion of the Base Rent provided for in Article 3, which reduction shall be based upon the Landlord's cost savings resulting from such inability to perform or supply services, which sum shall be credited to Tenant by Landlord on the next monthly rent obligation. Landlord agrees, however, that it will use reasonable efforts to obtain restoration of services based on the then existing circumstances. Tenant may terminate this lease if services required to be provided by Landlord remain unavailable for its use in effecting repairs, any warranties with respect to components of the Building. more than ten (c10) Tenant shall enter into a maintenance contract providing for the periodic maintenance of all hot water, heating and air conditioning systems and units in the Premisesdays, and removal and replacement of filtersas a result thereof, and shall enter into a janitorial contract providing for the daily cleaning of the Premises. These contracts shall be with parties and upon such terms and conditions as shall be reasonably approved by Landlord. Tenant shall provide Landlord a copy of such contracts within thirty days of the Commencement Datepremises are untenantable. (d) Tenant shall not damage any demising wall of the Building, or disturb the integrity and support provided by any demising wall and shall, at its sole cost and expense, promptly repair any damage or injury to any demising wall caused by Tenant or its employees, agents or invitees. (e) Tenant and its employees, customers and licensees shall have the non-exclusive right to use the parking areas as may be designated by Landlord in writing, subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking shall be available at the Building for the non-exclusive use of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent to the Building near the entrance to the Premises that shall be marked as spaces for visitors. Landlord shall not be responsible for enforcing Tenant's parking rights against any third parties. Landlord may require, at its option, in its sole discretion, that Tenant, its employees, invitees, and visitors use certain numbered spaces to be designated by Landlord.

Appears in 1 contract

Samples: Lease Agreement (Arc Communications Inc)

Repairs and Maintenance. (a) The Premises hereby leased are leased to Tenant "AS IS." Landlord shall at its expense maintain only be under no liability, nor (except as provided in Paragraph 20 below) have any obligation to do any work or make any repairs in or to the roofPremises, downspouts, gutters, foundation, utility lines located outside and any work which may be necessary to outfit the Premises for Tenant's occupancy or for the operation of Tenant's business therein is the sole responsibility of Tenant and the structural soundness of the (b) shall be performed by Tenant shall at its own cost and expense keep and maintain all parts of expense. Tenant acknowledges that it has fully inspected the Premises (except those for which Landlord is expressly responsible under prior to the terms execution of this Lease) in good condition, promptly making all necessary repairs and replacements, including, but not limited to, windows, glass and plate glass, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debris. Tenant shall not be obligated to repair any casualty covered by the insurance to be maintained by further acknowledges that Landlord pursuant to subparagraph 10(A) below. To the extent deemed necessary by Landlord, Landlord shall make available to Tenant for its use in effecting repairs, any has made no warranties or representations with respect to components the condition or state of the Building. (c) Tenant shall enter into a maintenance contract providing for the periodic maintenance of all hot water, heating and air conditioning systems and units in the Premises, and removal and replacement of filters, and shall enter into a janitorial contract providing for the daily cleaning repairs of the Premises. These contracts shall be with parties Tenant will, during the term of this Lease, keep the Premises and upon such terms appurtenances (including window, doors, plumbing, heating and conditions as shall be reasonably approved by Landlordelectrical facilities and installations) in good order and repair and will make all necessary repairs to the exterior walls and roof of the Premises. Tenant shall provide Landlord a copy of such contracts within thirty days also maintain any driveways and parking areas designated for its exclusive use. Tenant will, at the expiration of the Commencement Date. (d) term of this Lease, or at the sooner termination thereof by forfeiture or otherwise, deliver the Premises in good order and condition, reasonable wear and tear excepted. In the event Tenant shall not damage proceed promptly and diligently to make any demising wall repairs or perform any obligation imposed upon it within forty-eight (48) hours after receiving written notice from Landlord to make such repairs of the Buildingperform such obligation, or disturb the integrity then and support provided by any demising wall and shallin such event, at its sole cost and expense, promptly repair any damage or injury to any demising wall caused by Tenant or its employees, agents or invitees. (e) Tenant and its employees, customers and licensees shall have the non-exclusive right to use the parking areas as may be designated by Landlord in writing, subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking shall be available at the Building for the non-exclusive use of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent to the Building near the entrance to the Premises that shall be marked as spaces for visitors. Landlord shall not be responsible for enforcing Tenant's parking rights against any third parties. Landlord may requiremay, at its option, enter the Premises and do and perform the things specified in its sole discretionsaid notice, that Tenant, its employees, invitees, without liability on the part of Landlord for any loss or damage resulting from any such action by Landlord and visitors use certain numbered spaces Tenant agrees to be designated pay promptly upon demand any cost or expense incurred by LandlordLandlord in taking such action.

Appears in 1 contract

Samples: Facility Lease (Primex Technologies Inc)

Repairs and Maintenance. (a) Landlord Manager shall at its maintain, or cause to be maintained, the buildings, appurtenances and grounds of the Property, other than areas which are the responsibility of tenants, in accordance with the standards for first-class retail properties and in accordance with standards acceptable to Owner. Such maintenance shall include, without limitation, all ordinary and extraordinary repairs, cleaning, painting, decorations and alterations including electrical, plumbing, carpentry, masonry, elevators and such other routine repairs as are necessary or reasonably appropriate in the course of maintenance of the Property (subject to the limitations of this Agreement). The expense maintain only incurred for such maintenance, alteration or repair must be (i) an ordinary and usual expense provided for in the roofApproved Budget (as defined in Section 4.1) and which does not exceed the limitation set forth in the Approved Budget, downspouts, gutters, foundation, utility lines located outside the Premises and the structural soundness of theor (ii) an expense which is incurred under such circumstances as Manager shall reasonably deem to be an emergency. (b) Tenant If an emergency occurs, Manager shall at its own cost make all repairs or take all action immediately necessary to preserve the Property, avoid suspension of any essential services to the Property, and expense keep and maintain all parts avoid danger to persons or property. Manager promptly, but in no event later than twenty-four (24) hours from the time Manager learns of such emergency, shall notify Owner by telephone of any such emergency. Immediately thereafter, Manager shall send Owner a written notice setting forth the nature of the Premises (except those for which Landlord is expressly responsible under emergency and any action taken in connection with the terms of this Lease) in good conditionemergency. Except as set forth above with regard to emergencies, promptly making all necessary repairs and replacements, including, but not limited to, windows, glass and plate glass, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debris. Tenant Manager shall not be obligated to repair any casualty covered by the insurance to be maintained by Landlord pursuant to subparagraph 10(A) below. To the extent deemed necessary by Landlord, Landlord shall make available to Tenant for its use in effecting repairs, any warranties with respect to components of the Buildingextraordinary or unusual expenses without Owner's prior consent. (c) Tenant Manager shall enter into a maintenance contract providing use all due diligence to require each tenant to comply with its obligations to maintain its respective leased premises pursuant to its lease. Manager shall pay actual and reasonable expenses for materials and labor for such purposes from the periodic maintenance of all hot water, heating and air conditioning systems and units in the Premises, and removal and replacement of filters, and shall enter into a janitorial contract providing for the daily cleaning of the Premises. These contracts shall be with parties and upon such terms and conditions as shall be reasonably approved by Landlord. Tenant shall provide Landlord a copy of such contracts within thirty days of the Commencement DateOperating Account. (d) Tenant shall not damage any demising wall of the BuildingAll expenditures to refurbish, rehabilitate, remodel, or disturb the integrity otherwise prepare areas covered by new leases shall require Owner's prior consent and support shall be paid as Owner may direct from funds provided by any demising wall and shall, at its sole cost and expense, promptly repair any damage Owner or injury from the Operating Account subject to any demising wall caused by Tenant or its employees, agents or inviteesthe restriction set forth in Section 2.3. (e) Tenant Manager shall take all reasonable precautions against fire, vandalism, burglary and its employees, customers and licensees shall have the non-exclusive right to use the parking areas as may be designated by Landlord in writing, subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking shall be available at the Building for the non-exclusive use of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent trespass to the Building near the entrance to the Premises that shall be marked as spaces for visitors. Landlord shall not be responsible for enforcing Tenant's parking rights against any third parties. Landlord may require, at its option, in its sole discretion, that Tenant, its employees, invitees, and visitors use certain numbered spaces to be designated by LandlordProperty.

Appears in 1 contract

Samples: Management and Leasing Agreement (Usf&g Legg Mason Realty Partners Limited Partnership)

Repairs and Maintenance. (a) Landlord Except as expressly set forth herein, Owner shall not be required to provide Tenant any services hereunder and all services, including without limitation, electricity and other utilities, shall be obtained and maintained at its the sole cost, expense maintain only and risk of Tenant. Tenant shall be responsible for electricity and other utility costs for the roofentire Property. Furthermore, downspouts, gutters, foundation, in no event shall Owner be liable for any interruption or failure in the supply of any such utility lines located outside to the Premises and the structural soundness of thePremises. (b) Tenant shall at its own cost and expense keep and maintain all parts of the Premises (except those for which Landlord is expressly responsible under the terms of this Lease) in good condition, promptly making all necessary repairs and replacements, including, but not limited to, windows, glass and plate glass, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debris. Tenant shall not be obligated to repair any casualty covered by the insurance to be maintained by Landlord pursuant to subparagraph 10(A) below. To the extent deemed necessary by Landlord, Landlord shall make available to Tenant for its use in effecting repairs, any warranties with respect to components of the Building. (c) Tenant shall enter into a maintenance contract providing for the periodic maintenance of all hot water, heating and air conditioning systems and units in the Premises, and removal and replacement of filters, and shall enter into a janitorial contract providing for the daily cleaning of the Premises. These contracts shall be with parties and upon such terms and conditions as shall be reasonably approved by Landlord. Tenant shall provide Landlord a copy of such contracts within thirty days of the Commencement Date. (d) Tenant shall not damage any demising wall of the Building, or disturb the integrity and support provided by any demising wall and shallresponsible, at its sole cost and expense, promptly for all repair and maintenance of the Premises, provided that Tenant will not be responsible for any repairs or maintenance that are necessitated by the condition of the Premises as of the date of Tenant’s occupancy, provided that Tenant provides Landlord, within ten (10) days of the Commencement Date, a written property inspection report (the “Property Inspection Report”) describing the condition of the Premises as of the Commencement Date, to be completed by an engineering firm approved by Owner. Except such conditions as identified in the Property Inspection Report, Tenant shall, at the end of the term hereof, return the Premises to Owner in substantially as good condition as when received except for usual or ordinary wear and tear. Tenant shall, throughout the term hereof, take good care of the Premises and the fixtures and appurtenances therein and, at Tenant's sole cost and expense, make all non-structural repairs thereto, and, as required, non-structural replacements thereof, as and when needed to preserve the same in good working order and condition, reasonable wear and tear, obsolescence and damage from the elements, fire or other casualty, excepted. Tenant shall be responsible, at its sole cost and expense, for all damage or injury to any demising wall the Premises (including all improvements or alterations therein), whether or not requiring structural repairs, caused by Tenant or resulting from Tenant’s use or occupancy of the Premises or Tenant’s or its employeesinvitees’ acts, agents omissions, neglect or inviteesunsafe conduct. Tenant is also obligated to perform, at Tenant’s own cost and risk, all other maintenance and repairs necessary to cause the Premises to be suitable for Tenant’s intended commercial purposes. (ec) Excluding Tenant’s maintenance and repair obligations as provided above, Owner will make, at Tenant’s cost, all repairs to and provide the maintenance for the Property, of which the Premises is a part, including, but not limited to common areas and base systems of the building, and the structural components of the building, the cost of supplying HVAC to the building, the costs of maintaining, repairing, lining and lighting all appurtenant parking, sidewalk and ingress areas, and the planting, mowing and maintaining of all planted areas within or appurtenant to the Property, provided, however, while the foregoing maintenance and repair obligations shall include replacements as warranted, that (i) Landlord will attempt first to repair any item that is reasonably susceptible to repair and will only replace such item, if the applicable item is not reasonably susceptible to repair and (ii) Tenant and its employees, customers and licensees shall have the non-exclusive right to use the parking areas as may be designated by Landlord in writing, subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking shall be available at the Building for the non-exclusive use of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent to the Building near the entrance to the Premises that shall be marked as spaces for visitors. Landlord shall not be responsible for enforcing the cost of any single replacement item where the cost of such single replacement item exceeds Ten Thousand Dollars ($10,000). Owner shall send Tenant a monthly invoice for each month for any and all fees incurred by Owner in connection with the maintenance of the Property as provided above. Tenant shall pay the amount as specified in the invoice as Additional Rent within ten (10) days of the date of the invoice. In no event, shall Landlord’s delay in sending Tenant a monthly invoice for Landlord’s maintenance and repairs under this Paragraph be deemed as Landlord’s waiver of any of Tenant's parking rights against any third parties. Landlord may require, at its option, in its sole discretion, that Tenant, its employees, invitees, ’s obligations to pay for such maintenance and visitors use certain numbered spaces to be designated by Landlordrepairs.

Appears in 1 contract

Samples: Asset Purchase Agreement (Derma Sciences, Inc.)

Repairs and Maintenance. (a) Except for the improvements provided by Landlord as set forth on the attached Exhibit "A", the Premises hereby leased are leased to Tenant "as is." Except as herein expressly provided, Landlord shall at its expense maintain only the roofbe under no liability, downspouts, gutters, foundation, utility lines located outside nor have any obligation to do any work or make any repairs in or to the Premises and any work which may be necessary to outfit the structural soundness Premises for Tenant's occupancy or for the operation of theTenant's business therein is the sole responsibility of Tenant and shall be performed by Tenant at its own cost and expense. Tenant acknowledges that it has fully inspected the Premises prior to the execution of this Lease, and Tenant further acknowledges that Landlord has made no warranties or representations (other than the warranties and representations made by Landlord as set forth in Section 11(d)) with respect to the condition or state of repairs of the Premises. (b) Tenant will, during the term of this Lease, keep the Premises and appurtenances (including windows, doors, plumbing heating and electrical facilities and installations) in good order and repair and will make all necessary repairs thereof at its own expense, except that Landlord will make all necessary repairs to the exterior masonry walls and roof of the Premises, after being notified in writing by Tenant of the need for such repairs, and shall have a reasonable time in which to complete such repairs. Tenant agrees to carry a maintenance and/or service agreement or policy on the HVAC system in the demised Premises. This agreement or policy shall be carried throughout the term of this Lease and any renewals or extensions hereof. Tenant shall provide Landlord with a copy of such policy or a certificate evidencing such coverage. In the event that the repairs required to be made by Landlord are necessitated as a result of negligence or misuse by Tenant, its agents, servants, employees, licensees or guests, or by any contractor engaged by or on behalf of Tenant, such repairs shall be made by and be paid for by Tenant. Tenant will, at the expiration of the term or at the sooner termination thereof by forfeiture or otherwise, deliver up the Premises in the same good order and condition as they were at the beginning of tenancy, reasonable wear and tear excepted. Tenant further agrees that it will maintain the Premises at its own expense in a clean, orderly and sanitary condition, free of insects, rodents, vermin, and other pests; and that it will not permit undue accumulation of garbage, trash, rubbish or other refuse, but will remove the same at its own expense and will keep such refuse in proper containers within the interior of the Premises until called for to be removed. Except as provided for in paragraph 9 herein, Tenant further agrees that it will not install any additional electrical wiring or plumbing unless it has first obtained Landlord's written consent thereto, and, if such consent is given, Tenant will install the same at its own cost and expense keep expense, and maintain all parts of the Premises (except those for which Landlord is expressly responsible under the terms of this Lease) in good condition, promptly making all necessary repairs and replacements, including, but not limited to, windows, glass and plate glass, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debris. Tenant shall not be obligated to repair any casualty covered by the insurance to be maintained by Landlord pursuant to subparagraph 10(A) below. To the extent deemed necessary by Landlordobtain, Landlord shall make available to Tenant at Tenant's expense, all permits required for its use in effecting repairs, any warranties with respect to components of the Buildingsuch installation. (c) In the event Tenant shall not proceed promptly and diligently to make any repairs or perform any obligation imposed upon it by subparagraphs (a) and (b) hereof within thirty (30) days after receiving written notice from Landlord to make such repairs or perform such obligation, then and in such event, Landlord may, at its option, enter into a maintenance contract providing for the periodic maintenance of all hot water, heating Premises and air conditioning systems do and units perform the things specified in the Premisessaid notice, and removal and replacement of filters, and shall enter into a janitorial contract providing for the daily cleaning of the Premises. These contracts shall be with parties and Tenant agrees to pay promptly upon demand any cost or expense incurred by Landlord in taking such terms and conditions as shall be reasonably approved by Landlord. Tenant shall provide Landlord a copy of such contracts within thirty days of the Commencement Dateaction. (d) Tenant shall not damage any demising wall Notwithstanding the provisions of paragraph 11, Landlord represents that at the commencement of the Buildinglease the Site to include any paved areas, or disturb the integrity Building and support provided by any demising wall all operating systems to include the roof, electrical, mechanical, plumbing and shallsprinkler systems, at its sole cost are in a good state of repair and expensecondition and are in compliance with all applicable building codes, promptly repair any damage or injury to any demising wall caused by Tenant or its employees, agents or invitees. (e) Tenant and its employees, customers and licensees shall have the non-exclusive right to use the parking areas as may be designated by Landlord in writing, subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking shall be available at the Building for the non-exclusive use of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent to the Building near the entrance to the Premises that shall be marked as spaces for visitorsregulations. Landlord shall not be responsible for enforcing Tenant's parking rights against any third parties. Landlord may require, at its option, in its sole discretion, represents that Tenant, its employees, invitees, and visitors use certain numbered spaces to be designated by Landlordthe condition of the aforementioned systems will comply with the specifications set forth on Exhibit "A".

Appears in 1 contract

Samples: Lease Agreement (Mohawk Industries Inc)

Repairs and Maintenance. (a) Except as provided in the Exhibits hereto and elsewhere in this Lease, the premises are leased to Tenant “as is,” and except as herein expressly provided, Landlord shall be under no liability, nor have any obligation to do any work or make any repairs in or to the premises, and any work which may be necessary to outfit the premises for Tenant’s occupancy or for the operation of Tenant’s business therein is the sole responsibility of Tenant and shall be performed by Tenant at its expense maintain only own cost and expense. Tenant and Landlord agree that the roofpremises will be delivered in accordance with the attached Exhibits, downspoutsand Landlord warrants and represents that at the commencement of the Lease term all HVAC, gutterswiring, foundationelectrical, utility lines located outside plumbing and other facilities serving the Premises premises shall be built-out in good working order and good condition. Tenant shall have an opportunity to inspect the structural soundness premises and all such facilities prior to the commencement of thethe Lease term. Except as otherwise provided in this Lease Tenant acknowledges that Landlord has made no warranties or representations with respect to the condition or state of repairs of the premises. (b) Tenant will, during the term of this Lease, keep the premises and appurtenances (including windows, doors, plumbing, heating and electrical facilities and installations) in good order and repair and will make all necessary repairs thereof at its own expense, except that Landlord will make all necessary repairs (except painting) to the exterior masonry walls and roof of the building. Xxxxxxxx will be responsible for all structural repairs to the building and/or replacements including HVAC units servicing the premises provided Tenant has a maintenance agreement with Landlord. Landlord will be responsible for the repairs to the common areas, provided Tenant gives Landlord written notice of the need for such repairs, and Landlord shall have a reasonable time in which to complete such repairs. Tenant agrees to carry, throughout the term of this Lease and any renewal or extensions hereof, a maintenance and/or service agreement or policy on the HVAC system in the demised premises, or at Tenant’s option, Tenant may secure such maintenance and/or service agreement or policy from Landlord, in which event Tenant will pay Landlord’s standard charges within thirty (30) days after receipt of Landlord’s invoice for the same. Tenant shall provide Landlord with a copy of such policy or a certificate evidencing such coverage, prior to the commencement of the Lease term. In the event that the repairs required to be made by Landlord are necessitated as a result of negligence or misuse by Tenant, its agents, servants, employees, licensees or guests, or by any contractor engaged by or on behalf of Tenant, such repairs shall be made by and be paid for by Tenant. Xxxxxx also agrees to pay as additional rent 34.29% of Landlord’s cost of snow and ice removal from the parking and other common areas adjacent to the building. Tenant will, at the expiration of the term or at the sooner termination thereof by forfeiture or otherwise, deliver up the premises in the same good order and condition as they were at the beginning of tenancy, reasonable wear and tear excepted. Tenant further agrees that it will maintain the premises at its own expense in a clean, orderly and sanitary condition, free of insects, rodents, vermin, and other pests; and that it will not permit undue accumulation of garbage, trash, rubbish or other refuse, but will remove the same at its own expense and will keep such refuse in proper containers within the interior of the premises until called for to be removed. Tenant further agrees that it will not install any additional electrical wiring or plumbing unless it has first obtained Landlord’s written consent thereto, and, if such consent is given, Tenant will install the same at its own cost and expense keep expense, and maintain all parts of the Premises (except those for which Landlord is expressly responsible under the terms of this Lease) in good condition, promptly making all necessary repairs and replacements, including, but not limited to, windows, glass and plate glass, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debris. Tenant shall not be obligated to repair any casualty covered by the insurance to be maintained by Landlord pursuant to subparagraph 10(A) below. To the extent deemed necessary by Landlordobtain, Landlord shall make available to Tenant at Tenant’s expense, all permits required for its use in effecting repairs, any warranties with respect to components of the Buildingsuch installation. (c) Tenant shall enter into a maintenance contract providing for In the periodic maintenance of all hot water, heating and air conditioning systems and units in the Premises, and removal and replacement of filters, and shall enter into a janitorial contract providing for the daily cleaning of the Premises. These contracts shall be with parties and upon such terms and conditions as shall be reasonably approved by Landlord. Tenant shall provide Landlord a copy of such contracts within thirty days of the Commencement Date. (d) event Tenant shall not damage proceed promptly and diligently to make any demising wall repairs or perform any obligation imposed upon it by subparagraphs (a) and (b) hereof beyond any applicable period of the Buildingnotice and cure after receiving written notice from Landlord to make such repairs or perform such obligation, or disturb the integrity then and support provided by any demising wall and shallin such event, at its sole cost and expense, promptly repair any damage or injury to any demising wall caused by Tenant or its employees, agents or invitees. (e) Tenant and its employees, customers and licensees shall have the non-exclusive right to use the parking areas as may be designated by Landlord in writing, subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking shall be available at the Building for the non-exclusive use of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent to the Building near the entrance to the Premises that shall be marked as spaces for visitors. Landlord shall not be responsible for enforcing Tenant's parking rights against any third parties. Landlord may requiremay, at its option, enter the premises and do and perform the things specified in its sole discretionsaid notice, that Tenant, its employees, inviteeswithout liability on the part of Landlord for any loss or damage resulting from any such action by Landlord, and visitors use certain numbered spaces Xxxxxx agrees to be designated pay promptly upon demand any cost or expense incurred by LandlordLandlord in taking such action. Notwithstanding the foregoing, if Xxxxxx’s failure to make any such repairs or perform any such obligation results in an emergency condition endangering health or safety, Landlord may enter the premises and perform Tenant’s obligations as set forth in the preceding sentence without prior notice to Tenant.

Appears in 1 contract

Samples: Lease Agreement

Repairs and Maintenance. (a) 18.1 Landlord shall at its expense repair and maintain only the roof, downspouts, gutters, foundation, utility lines located outside the Premises and the structural soundness of the (b) Tenant shall at its own cost and expense keep exterior portions and maintain all parts Common Areas of the Premises Building (except those for which Landlord is expressly responsible under the terms of this Leaseincluding water tightness thereof) in good condition, promptly making all necessary repairs and replacementsProject, including, but not limited towithout limitations, windowsroofing and covering materials, glass and plate glassfoundations, doors, any special office entry, interior exterior walls, finish workthe plumbing, floors fire sprinkler system (if any), heating, ventilating, air conditioning, elevator, and floor coveringelectrical systems thereof (and the full cost thereof shall be included as a part of Operating Expenses as provided in Article 7), heating and air conditioning systemsunless such maintenance or repairs are required in whole or in part because of any act, dock boardsneglect, truck doorsfault of or omissions of any duty by Tenant, dock bumpersits agents, plumbing work and fixtures and regular removal of trash and debris. servants, employees or invitees, in which case Tenant shall not be obligated pay to repair any casualty covered by Landlord the insurance to be maintained by Landlord pursuant to subparagraph 10(A) below. To the extent deemed necessary by Landlord, Landlord shall make available to Tenant for its use in effecting repairs, any warranties with respect to components of the Building. (c) Tenant shall enter into a maintenance contract providing for the periodic maintenance of all hot water, heating and air conditioning systems and units in the Premises, and removal and replacement of filters, and shall enter into a janitorial contract providing for the daily cleaning of the Premises. These contracts shall be with parties and upon such terms and conditions as shall be reasonably approved by Landlord. Tenant shall provide Landlord a copy cost of such contracts within thirty days of maintenance and repairs. Notwithstanding anything to the Commencement Date. (d) Tenant shall not damage any demising wall of the Buildingcontrary set forth elsewhere in this Lease, or disturb the integrity and support provided by any demising wall and shallLandlord, at its sole cost and expenseexpense and not as an Operating Expense, promptly repair shall be responsible for maintaining the structural integrity of the roof, the exterior walls and the floor slabs of the Building. In the event that Tenant desires to independently arrange for certain services otherwise furnished by Landlord (other than landscaping), Tenant shall give notice to Landlord of such desire and, subject to Landlord’s approval, which approval shall not be unreasonably withheld, Tenant may make such arrangements in which event Tenant shall pay the entire cost therefor directly to the provider thereof and no costs associated with any damage or injury to such service shall be included in Operating Expenses. In the event Landlord approves of any demising wall caused by Tenant or its employeessuch arrangement, agents or invitees. (e) Tenant and its employees, customers and licensees shall have Landlord reserves the non-exclusive right to use monitor the parking areas as may be designated work or services provided by any such provider. Upon request by Landlord in writingthe event that Landlord is dissatisfied with a provider or with the work or services provided, subject Tenant shall terminate any such arrangements provided that Tenant shall have no less than forty five (45) days following receipt of Landlord’s request to reasonable rules effect such termination. In addition, upon request by Landlord Tenant shall promptly furnish to Landlord copies of all documents, contracts, work orders and regulations other instruments executed in connection with any such arrangement. 18.2 Except for services of Landlord, if any, required by this Lease, Tenant shall 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, surrender the Demised Premises to Landlord in as good condition as when received, ordinary wear and tear and damage by casualty excepted. Except as otherwise specifically provided herein, Landlord may from time shall have no obligation to time prescribe alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof. By way of example and subject to rights of ingress and egress of other tenants. Parking not limitation, Tenant shall be available fully responsible, at the Building Tenant’s cost, for the non-exclusive use maintenance of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent to the Building near vivarium, the entrance to computer for the Premises that shall be marked vivarium, any autoclave, cage washer, and specialty water systems. 18.3 Except as spaces for visitors. provided in Section 16.2, Landlord shall not be responsible liable for enforcing any 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's parking . Tenant waives the rights against under any third partieslaw, statute or ordinance now or hereafter in effect to make repairs at Landlord’s expense, Tenant’s rights being only as set forth in this Lease. 18.4 Repairs under this Article 18 which are obligations of Landlord are subject to allocation among Tenant and other tenants as Operating Expenses. 18.5 This Article 18 relates to repairs and maintenance arising in ordinary course of operation of the Building, the Project and any related facilities. Landlord may requireIn the event of fire, at its optionearthquake, in its sole discretionflood, that Tenantvandalism, its employeeswar, inviteesor similar cause of damage or destruction, this Article 18 shall not be applicable and visitors use certain numbered spaces to be designated by Landlordthe provisions of Article 22 entitled “Damage or Destruction” shall apply and control.

Appears in 1 contract

Samples: Lease Agreement (Gene Logic Inc)

Repairs and Maintenance. (a) 18.1 Landlord shall at its expense repair and maintain only the roof, downspouts, gutters, foundation, utility lines located outside the Premises and the structural soundness of the (b) Tenant shall at its own cost and expense keep exterior portions and maintain all parts Common Areas of the Premises Building (except those for which Landlord is expressly responsible under the terms of this Leaseincluding water tightness thereof) in good condition, promptly making all necessary repairs and replacementsProject, including, but not limited towithout limitations, windowsroofing and covering materials, glass and plate glassfoundations, doors, any special office entry, interior exterior walls, finish workthe plumbing, floors fire sprinkler system (if any), heating, ventilating, air conditioning, elevator, and floor coveringelectrical systems thereof (and the full cost thereof shall be included as a part of Operating Expenses as provided in Article 7), heating and air conditioning systemsunless such maintenance or repairs are required in whole or in part because of any act, dock boardsneglect, truck doorsfault of or omissions of any duty by Tenant, dock bumpersits agents, plumbing work and fixtures and regular removal of trash and debris. servants, employees or invitees, in which case Tenant shall not be obligated pay to repair any casualty covered by Landlord the insurance to be maintained by Landlord pursuant to subparagraph 10(A) below. To the extent deemed necessary by Landlord, Landlord shall make available to Tenant for its use in effecting repairs, any warranties with respect to components of the Building. (c) Tenant shall enter into a maintenance contract providing for the periodic maintenance of all hot water, heating and air conditioning systems and units in the Premises, and removal and replacement of filters, and shall enter into a janitorial contract providing for the daily cleaning of the Premises. These contracts shall be with parties and upon such terms and conditions as shall be reasonably approved by Landlord. Tenant shall provide Landlord a copy cost of such contracts within thirty days of maintenance and repairs. Notwithstanding anything to the Commencement Date. (d) Tenant shall not damage any demising wall of the Buildingcontrary 21 25 set forth elsewhere in this Lease, or disturb the integrity and support provided by any demising wall and shallLandlord, at its sole cost and expenseexpense and not as an Operating Expense, promptly repair shall be responsible for maintaining the structural integrity of the roof, the exterior walls and the floor slabs of the Building. In the event that Tenant desires to independently arrange for certain services otherwise furnished by Landlord (other than landscaping), Tenant shall give notice to Landlord of such desire and, subject to Landlord's approval, which approval shall not be unreasonably withheld, Tenant may make such arrangements in which event Tenant shall pay the entire cost therefor directly to the provider thereof and no costs associated with any damage or injury to such service shall be included in Operating Expenses. In the event Landlord approves of any demising wall caused by Tenant or its employeessuch arrangement, agents or invitees. (e) Tenant and its employees, customers and licensees shall have Landlord reserves the non-exclusive right to use monitor the parking areas as may be designated work or services provided by any such provider. Upon request by Landlord in writingthe event that Landlord is dissatisfied with a provider or with the work or services provided, subject Tenant shall terminate any such arrangements provided that Tenant shall have no less than forty five (45) days following receipt of Landlord's request to reasonable rules effect such termination. In addition, upon request by Landlord Tenant shall promptly furnish to Landlord copies of all documents, contracts, work orders and regulations other instruments executed in connection with any such arrangement. 18.2 Except for services of Landlord, if any, required by this Lease, Tenant shall 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, surrender the Demised Premises to Landlord in as good condition as when received, ordinary wear and tear and damage by casualty excepted. Except as otherwise specifically provided herein, Landlord may from time shall have no obligation to time prescribe and subject to rights of ingress and egress of other tenants. Parking shall be available at alter, remodel, improve, repair, decorate or paint the Building for the non-exclusive use of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent to the Building near the entrance to the Demised Premises that shall be marked or any part thereof. 18.3 Except as spaces for visitors. provided in Section 16.2, Landlord shall not be responsible liable for enforcing any 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. Tenant waives the rights under any law, statute or ordinance now or hereafter in effect to make repairs at Landlord's expense, Tenant's parking rights against being only as set forth in this Lease. 18.4 Repairs under this Article 18 which are obligations of Landlord are subject to allocation among Tenant and other tenants as Operating Expenses. 18.5 This Article 18 relates to repairs and maintenance arising in ordinary course of operation of the Building, the Project and any third partiesrelated facilities. Landlord may requireIn the event of fire, at its optionearthquake, in its sole discretionflood, that Tenantvandalism, its employeeswar, inviteesor similar cause of damage or destruction, this Article 18 shall not be applicable and visitors use certain numbered spaces to be designated by Landlordthe provisions of Article 22 entitled "Damage or Destruction" shall apply and control.

Appears in 1 contract

Samples: Lease (Gene Logic Inc)

Repairs and Maintenance. (a) By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good and sanitary order, condition and repair, excepting the Punch List Items and latent defects in the construction done by Landlord, its agents, employees, contractors, and subcontractors. Except as provided in Section 11(c) (pursuant to which Landlord is to undertake various repairs and maintenance), Tenant shall, at Tenant’s sole cost and expense, maintain the Premises, in clean and good condition and repair, ordinary wear and tear and casualty excepted. Without limiting the generality of the foregoing, Tenant shall be solely responsible for maintaining and repairing all fixtures, non-building standard electrical lighting (if identified as being non-building standard at the time that Landlord approves the Plans under the Lease Improvement Agreement), ceilings and floor coverings, doors, and interior walls within the Premises to the extent the foregoing are nonstructural elements of the Building, using the same quality of materials as used in the original construction. In addition, Tenant shall be responsible for all repairs made necessary by Tenant or Tenant’s invitees. Landlord acknowledges that Tenant shall have no obligation to repair or maintain any areas outside of the Premises, unless such repair or maintenance is required due to acts of Tenant, its agents, employees, contractors and subcontractors and the cost thereof is not covered by insurance carried by Landlord or required to be carried by Landlord under this Lease. Excepting maintenance, repairs or replacements required due to the negligence or willful misconduct of Landlord, its agents, employees, contractors and subcontractors, Tenant acknowledges that Landlord shall at its expense maintain only the roofhave no obligation to maintain, downspouts, gutters, foundation, utility lines repair or replace any telecommunications or computer cabling or wiring which is located outside in the Premises or which exclusively serves the Premises (collectively, “Cabling”), except in the event that such would be required due to Landlord’s negligent acts or omissions. Tenant shall have the right to install in the Premises such Cabling as it may require. Tenant shall, at Tenant’s expense, contract with SBC or another reputable contractor to maintain the Cabling. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises except as specifically set forth in this Lease. Under no circumstances shall Tenant make any repairs to the Building or to the mechanical, electrical or heating, ventilating or air conditioning systems of the Premises or the Building, unless such repairs are previously approved in writing by Landlord. Tenant waives the provisions of Sections 1931(1), 1941 and 1942 of the structural soundness California Civil Code, and any similar or successor law regarding Tenant’s right to make repairs and deduct expenses of thesuch repairs from the Rent due under this Lease, subject, however, to the terms of Section 11(d) below. In no event shall Tenant be responsible for repairs or replacements necessitated by ordinary wear and tear, damage by third party casualty or damage caused by Landlord or others for which Tenant is not responsible, nor shall Tenant be responsible for the correction or repair of any latent defect in the Premises, or any condition, dilapidation or defect of which Landlord has actual knowledge prior to the Commencement Date. (b) Tenant Landlord shall at its own cost operate the Building (and expense keep provide maintenance, repairs and maintain all parts replacements pursuant to Section 11(c) below) to a standard or quality consistent with that of other first-class buildings in the immediate geographical area and shall (i) provide janitorial service to the Premises on a five (except those 5)-day-a-week basis (excepting holidays described in the Basic Lease Information), consistent with the janitorial specification attached hereto as Exhibit E, (ii) provide nonexclusive, non-attended automatic passenger elevator service at all times, (iii) replace Building standard lamps, starters and ballasts (all nonstandard lighting within the Premises shall be the responsibility of Tenant), and (iv) provide monitoring for which Landlord is expressly responsible under the terms of this Lease) fire sprinklers, exit lighting and parking lot lighting, in good condition, promptly making all necessary repairs and replacements, including, but not limited to, windows, glass and plate glass, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debris. Tenant shall not be obligated to repair any casualty covered by the insurance to be maintained by Landlord pursuant to subparagraph 10(A) below. To the extent deemed necessary by Landlord, Landlord shall make available to Tenant for its use in effecting repairs, any warranties with respect to components of or outside the Building. (c) Tenant shall enter into a maintenance contract providing for the periodic maintenance of all hot water, heating and air conditioning systems and units in the Premises, and removal and replacement of filters, and shall enter into a janitorial contract providing for the daily cleaning of the Premises. These contracts Landlord shall be with parties responsible for maintaining and upon such terms repairing all structural portions and conditions as shall be reasonably approved by Landlord. Tenant shall provide Landlord a copy of such contracts within thirty days of the Commencement Date. (d) Tenant shall not damage any demising wall latent defects of the Building, or disturb at Landlord’s sole expense (and not as part of Operating Expenses), and shall maintain the integrity roof, side walls, and support provided by any demising wall and shall, at its sole cost and expense, promptly repair any damage or injury to any demising wall caused by Tenant or its employees, agents or invitees. (e) Tenant and its employees, customers and licensees shall have the non-exclusive right to use the parking areas as may be designated by Landlord in writing, subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights foundations of ingress and egress of other tenants. Parking shall be available at the Building for the non-exclusive use of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent to the Building near the entrance to the Premises that shall be marked as spaces for visitorsin good, clean and safe condition and repair. Landlord shall not be responsible for enforcing Tenant's parking rights against any third parties. Landlord may require, at its optionentitled to approve, in its sole discretion, that the sealing of any roof penetrations caused by Tenant Improvements. Landlord shall also maintain all landscaping, driveways, parking lots, fences, signs, sidewalks and the Common Areas. Landlord shall be responsible for maintenance and repair of all washrooms, mechanical, electrical and common area telephone closets, windows, plate glass, exterior doors, plumbing, heating, electrical, air conditioning and ventilation and life safety systems, and elevators. Except as otherwise provided in this Lease, Landlord shall have no liability to Tenant, its employeesnor shall Tenant’s obligations under this Lease be reduced or abated in any manner whatsoever by reason of any inconvenience, inviteesannoyance, interruption or injury to business arising from Landlord making any repairs or changes which Landlord is required or permitted by this Lease or required by law to make in or to any portion of the Building or the Premises. Landlord shall use reasonable efforts to minimize any interference with Tenant’s business at the Premises. If Tenant fails to maintain the Premises as required in Section 11(a), Landlord may give Tenant thirty (30) days’ written notice to do such acts as are reasonably required to so maintain the Premises. If Tenant fails to promptly commence such work within such time period and visitors diligently prosecute it to completion, then Landlord shall have the right to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Any amount so expended by Landlord shall be paid by Tenant promptly after demand with interest at the Prime Rate plus two percent (2%) per annum, from the date of such work, but not to exceed the maximum amount then allowed by law. Landlord shall have no liability to Tenant for any damage, inconvenience, or interference with the use certain numbered spaces to be designated of the Premises by LandlordTenant as the result of performing any such work. For the purpose of this Lease, the “Prime Rate” shall mean the rate, or base rate, reported in the Money Rates column or section of The Wall Street Journal as being the base rate on corporate loans at large U.S. money center commercial banks (whether or not such rate has actually been charged by any such bank) on the first date on which The Wall Street Journal is published in the month preceding the month in which the subject costs are incurred.

Appears in 1 contract

Samples: Lease Agreement (Health Net Inc)

Repairs and Maintenance. 10.1 During the Term, the Landlord, as part of Operating Expenses (a) Landlord except as may be otherwise herein provided), shall at its expense maintain only keep in good order, safe condition and repair, the structural parts of the Building, including the walls, roof, downspoutsconcrete floor, guttersfoundation and structural steel, foundationtogether with plumbing, utility lines located outside and facilities serving the Premises Premises, except for repairs or maintenance occasioned by the negligence or deliberate act of Tenant or its agents, servants, employees and invitees, which shall be then repaired by Landlord at the structural soundness of the (b) Tenant shall at its own cost and expense keep of the Tenant. (Capital expenditures as previously covered in Clause 8 above remain as Landlord's sole expense and obligation). Repairs caused, occasioned by other tenant's in the Building shall be charged to said tenant's account and not made part of these operating expenses. 10.2 The Landlord shall as part of Operating Expenses take good care of and maintain all parts and repair the lawns, shrubbery, driveway, sidewalks, entranceways, foyers, curbs and parking area on the Property. The Landlord shall provide snow removal, the payment being covered as per clause 8.2 (B) (i). 10.3 Tenant agrees to keep the Premises in as good repair as they are at the beginning of the Premises (except those for which Landlord is expressly responsible under the terms of this Lease) in good conditionTerm, promptly making all necessary repairs reasonable use and replacements, including, but not limited to, windows, glass wear thereof and plate glass, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debrisdamage by fire or other casualty excepted. Tenant shall further agrees not be obligated to repair any casualty covered by the insurance to be maintained by Landlord pursuant to subparagraph 10(A) below. To the extent deemed necessary by Landlorddamage, Landlord shall make available to Tenant for its use in effecting repairsoverload, any warranties with respect to components of the Building. (c) Tenant shall enter into a maintenance contract providing for the periodic maintenance of all hot water, heating and air conditioning systems and units in the Premises, and removal and replacement of filters, and shall enter into a janitorial contract providing for the daily cleaning deface or commit waste of the Premises. These contracts Subject to the provisions of Section 12.4 hereof, Tenant shall be with parties responsible for all damage of any kind or character to the Premises caused by Tenant or Tenant's employees, agents or invitees in excess of ordinary wear and tear, including the windows, glass, floors, walls and ceilings, caused by Tenant or by anyone using or occupying the Premises by, through or under Tenant. Landlord shall repair the same, and Tenant agrees to pay the costs incurred therefor to Landlord upon such terms demand to the extent that those costs are not covered by warranty. Anything hereinabove contained to the contrary notwithstanding, it is expressly understood and conditions as shall be reasonably approved by Landlord. agreed that the Tenant shall provide Landlord a copy of such contracts within thirty days of the Commencement Date. (d) Tenant shall not damage any demising wall of the Building, or disturb the integrity and support provided by any demising wall and shall, at its sole cost and expense, promptly repair any damage or injury to any demising wall caused by Tenant or its employees, agents or invitees. (e) Tenant and its employees, customers and licensees shall have the non-exclusive right to use the parking areas as may be designated by Landlord in writing, subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking shall be available at the Building for the non-exclusive use of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent to the Building near the entrance to the Premises that shall be marked as spaces for visitors. Landlord shall not be responsible for enforcing the repair, maintenance and replacement of any items installed by Landlord for Tenant's parking rights against any third parties. use as leasehold improvements that do not constitute part of the realty. 10.4 Anything hereinabove contained to the contrary notwithstanding, Landlord may requireshall upon due notification and at Tenants cost and expense, at its optionreplace all light bulbs, in its sole discretion, that Tenant, its employees, invitees, fluorescent fixtures and visitors use certain numbered spaces to be designated ballasts after their initial installation by Landlord.

Appears in 1 contract

Samples: Lease Agreement (Computer Outsourcing Services Inc)

Repairs and Maintenance. (a) Landlord shall Lessee shall, at its expense Lessee's sole cost and expense, keep and maintain only the roof, downspouts, gutters, foundation, utility lines located outside the Premises and the structural soundness of the (b) Tenant shall at its own cost adjacent Park in good, clean and expense keep safe condition and maintain all parts of the Premises (except those for which Landlord is expressly responsible under the terms of this Lease) in good condition, promptly making all necessary repairs and replacements, repair including, but not limited to, windowsrepairing any damage caused by Lessee or its employees, glass representatives, agents, invitees, licensees or contractors. Without limiting the generality of the foregoing, Lessee shall be solely responsible for maintaining, repairing and plate glassreplacing all interior plumbing and mechanical systems, doorsheating, any special office entry, interior walls, finish work, floors and floor covering, heating ventilation and air conditioning systems, dock boardsinterior electrical wiring and equipment, truck doorsinterior lighting, dock bumpersall interior glass in the Premises, plumbing work interior window casements, partitions, tenant signage, interior doors and fixtures door closers, fixtures, equipment, interior painting, and regular interior walls and floors of the Premises. Lessee's obligation to keep, maintain, preserve and repair the Premises and the adjacent Park shall specifically extend to the cleanup and removal of trash any and debrisall Hazardous Materials (as defined in Paragraph 29 below) occurring in, on or about the Premises, to the extent the same are introduced by or result from the actions of Lessee, its agents, representatives, employees, invitees, licensees, subtenants or contractors (collectively, "Lessee's Agents"). Tenant shall not be obligated Subject to repair any casualty covered the provisions of Paragraphs 6 and 9 of this Lease and except for repairs rendered necessary by the insurance intentional or negligent acts or omissions of Lessee or Lessee's Agents, Lessor agrees, at Lessor's expense, subject to be maintained by Landlord reimbursement pursuant to subparagraph 10(A) below. To Paragraph 6 above, to keep in good repair the extent deemed necessary by Landlordplumbing and mechanical systems exterior to the Premises, Landlord shall make available to Tenant for its use in effecting repairssignage (exclusive of tenant signage), any warranties with respect to components exterior electrical wiring and equipment, exterior lighting, all exterior glass, exterior doors and entrances, exterior window casements, exterior doors and door closer, exterior painting, and underground utility and sewer pipes outside the exterior walls of the Building. (c) Tenant shall enter into a maintenance contract providing for . Lessor reserves the periodic maintenance of all hot waterright, heating but without the obligation, to procure and maintain the heating, ventilation and air conditioning systems maintenance contract and units in the Premisesif Lessor so elects, and removal and replacement of filters, and shall enter into a janitorial contract providing Lessee will reimburse Lessor for the daily cleaning cost thereof in accordance with the provisions of Paragraph 6 above. Except for repairs rendered necessary by the Premises. These contracts shall be with parties and upon such terms and conditions as shall be reasonably approved by Landlord. Tenant shall provide Landlord a copy active or passive negligent acts or omissions of such contracts within thirty days of the Commencement Date. (d) Tenant shall not damage any demising wall of the BuildingLessee or Lessee's Agents, or disturb the integrity and support provided by any demising wall and shallLessor agrees, at its Lessor's sole cost and expense, promptly to keep in good repair the structural portions of the floors, foundations and exterior walls (exclusive of glass and exterior doors of the Premises), and the structural portions of the roof and membrane of the Building and any damage or injury to any demising wall other repairs caused by Tenant the gross negligent acts or its employeeswillful misconduct of Lessor Lessor's agents. Term of this Lease, agents or invitees. (e) Tenant and its employees, customers and licensees Lessee shall have the non-exclusive right to use the parking areas as may be designated by Landlord in writing, subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking shall be available at the Building for the non-exclusive use of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent to the Building near the entrance to the Premises that shall be marked as spaces for visitors. Landlord shall not thereafter be responsible for enforcing Tenantthe cost of maintaining the roof membrane. Except for normal maintenance and repair of the items outlined above, Lessee shall have no right of access to or right to install any device on the roof of the Building nor make any penetrations of the roof of the Building without the express prior written consent of Lessor. If Lessee refuses or neglects or otherwise fails to repair and maintain the Premises and the Park properly as required herein and to the reasonable satisfaction of Lessor, within thirty (30) days after Lessor's parking rights against written notice to Lessee (or if the failure is such that it cannot be corrected within thirty days, Lessee fails to commence the repair and maintenance within such thirty-day period or fails to thereafter to prosecute to completion such repair and maintenance within a reasonable time), Lessor may, but without obligation to do so, during reasonable times and in a manner designed to minimize interference with Lessee's business, make such repairs and/or maintenance without Lessor having any third parties. Landlord liability to Lessee for any loss or damage that may requireaccrue to Lessee's merchandise, at its optionfixtures or other property, in its sole discretion, that Tenantor to Lessee's business by reason thereof except as a result of the gross negligence or willful misconduct of Lessor, its agents, contractors or employees. In the event Lessor makes such repairs and/or maintenance, inviteesupon completion thereof Lessee shall pay to Lessor, and visitors use certain numbered spaces as additional rent, the Lessor's actual out-of-pocket costs for making such repairs and/or maintenance, plus ten percent (10%) for overhead, upon presentation of a xxxx therefor, plus any Enforcement Expenses. The obligations of Lessee hereunder shall survive the expiration of the term of this Lease or the earlier termination thereof. Lessee hereby waives any right to be designated by Landlordrepair at the expense of Lessor under any applicable Laws now or hereafter in effect respecting the Premises.

Appears in 1 contract

Samples: Lease Agreement (Burke Industries Inc /Ca/)

Repairs and Maintenance. (a) 14.01 Landlord shall at its expense maintain only the roofshall, downspoutsas a Cost of Operation, gutters, foundation, utility lines located outside the Premises and the structural soundness of the (b) Tenant shall at its own cost and expense keep and maintain all parts of the Premises Building and its fixtures, appurtenances, systems and facilities (except those for which Landlord is expressly responsible under including the terms of this Lease) in good conditioncentral heating, promptly making all necessary repairs and replacements, including, but not limited to, windows, glass and plate glass, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debris. Tenant shall not be obligated to repair any casualty covered by the insurance to be maintained by Landlord pursuant to subparagraph 10(A) below. To the extent deemed necessary by Landlord, Landlord shall make available to Tenant for its use in effecting repairs, any warranties with respect to components of the Building. (c) Tenant shall enter into a maintenance contract providing for the periodic maintenance of all hot water, heating ventilating and air conditioning systems and units in the central or core elevator and plumbing systems), serving the Demised Premises, in good working order, condition and removal and replacement of filtersrepair (but any auxiliary or supplementary heating, ventilating or air conditioning units or equipment, plumbing fixtures, serving only the Demised Premises shall be Tenant's responsibility under Section 14.02 hereof), and shall enter into Landlord shall, as a janitorial contract providing for Cost of Operation make all repairs to preserve the daily cleaning strength of the Premises. These contracts shall be with parties and upon such terms and conditions as shall be reasonably approved by Landlord. Tenant shall provide Landlord a copy of such contracts within thirty days of the Commencement Date. (d) Tenant shall not damage any demising wall structural components of the Building, interior and exterior, as and when needed in the Building, except as indicated in the second sentence of Section 14.02, except further for those repairs for which Tenant is responsible pursuant to any other provisions of this Lease, and subject to all other provisions of this Lease, including but not limited to the provisions of Article 15. 14.02 Tenant shall take good care of the Demised Premises and the fixtures and appurtenances therein and thereto (including, without limitation, windows and doors adjoining, or disturb used exclusively in connection with, the integrity Demised Premises), and support provided by any demising wall at its sole cost and shallexpense shall pay for all repairs thereto, as and when needed to preserve them in good working order and condition except as otherwiseprovided in Section 14.01 hereof. In addition, Tenant, at its sole cost and expense, promptly repair any damage shall pay for all repairs, ordinary or injury to any demising wall caused extraordinary, interior or exterior, structural or otherwise, in and about the Demised Premises and the Building as shall be required by reason of (a) the performance or existence of work by Tenant necessary to suit the Demised Premises to Tenant's initial occupancy or in connection with Tenant's Changes, (b) the installation, use or operation of Tenant's Property in the Demised Premises, (c) the moving of Tenant's Property in or out of the Building, or (d) the misuse or neglect of Tenant or any of its employees, agents, or contractors. As soon as any such repair is required, Tenant shall notify Landlord, who shall, in turn, at its option, either make such repair (at charges computed under Section 4.07 as though such repairs were "extra materials and work", and Tenant shall pay Landlord therefor pursuant to Section 4.09) or notify Tenant to make such repairs. Tenant shall not be responsible, and the Landlord shall be responsible, for any repairs to the Demised Premises as are required by reason of the negligence of the Landlord, its employees, agents or inviteescontractors. (e) 14.03 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 or any tenant making repairs or changes or performing maintenance services, whether or not Landlord is required or permitted by this Lease or by law to make such repairs or changes or to perform such services in or to any portion of the Building or Demised Premises, or in or to the fixtures, equipment, or appurtenances of the Building or the Demised Premises, provided that Landlord shall be reasonably diligent with respect thereto and shall perform such work, except in case of emergency, at times reasonably convenient to Tenant and its employees, customers otherwise in such manner and licensees to the extent practical as will not unreasonably interfere with Tenant's use and occupancy of the Demised Premises. 14.04 When used in this Lease the term "repair" shall have the non-exclusive right be deemed to use the parking areas include restoration and replacement as may be designated by Landlord in writing, subject necessary to reasonable rules achieve and/or maintain good working order and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking shall be available at the Building for the non-exclusive use of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent to the Building near the entrance to the Premises that shall be marked as spaces for visitors. Landlord shall not be responsible for enforcing Tenant's parking rights against any third parties. Landlord may require, at its option, in its sole discretion, that Tenant, its employees, invitees, and visitors use certain numbered spaces to be designated by Landlordcondition.

Appears in 1 contract

Samples: Lease Agreement (International Telecommunication Data Systems Inc)

Repairs and Maintenance. (a) Landlord At all times, Subtenant shall at its expense keep the Premises, Parking, and Building in a neat, clean, and sanitary condition, keep the glass of all windows and doors clean and presentable, and keep the Building in a good state of repair. Subtenant will maintain only and repair the walls, roof, downspouts, gutters, foundation, utility lines located outside the Premises and the other structural soundness of the (b) Tenant shall at its own cost components and expense keep and maintain all parts building systems of the Premises (except those Building and will be responsible for which Landlord is expressly responsible under repair and maintenance of the terms interior portion of this Lease) in good conditionthe Building and all painting, promptly making all necessary repairs exposed electrical, plumbing and replacementsother utility systems, including, but not limited to, windowsdoors, glass and plate glassall of Subtenant’s personal property. Subtenant shall keep in good order, doorscondition, any special office entry, interior walls, finish work, floors and floor covering, repair all heating and air conditioning equipment (“HVAC”) for the Building and shall pay all costs and expenses with respect to the repair, replacement and maintenance of HVAC for the Building. Subtenant shall also reasonably maintain, operate and repair the utility systems within the Building, including the cost of connection to the utility distribution systems. Subtenant shall maintain the Premises, dock boardsParking, truck doors, dock bumpers, plumbing work and fixtures and regular Building in such a way that it complies with relevant local law as it relates to the removal of trash snow and debrisice. Tenant This Sublease is intended and shall be construed to be a “triple net lease” and, except as may be specifically provided in this Sublease, Subtenant assumes all responsibilities, duties, obligations, costs or expenses of any nature or any kind whatsoever, with respect to the operation, management, maintenance, repair, improvement, use or occupancy of the Premises. Notwithstanding the foregoing, in the absence of an agreement with the Sublandlord to contribute its pro rata share or amortized costs based on the Internal Revenue Service’s stated useful life of the applicable assets against the remaining Initial Term or Extended Term of the Sublease, Subtenant shall not be obligated to replace or incur significant repair any casualty covered costs to the walls, roof, electric, plumbing, utility, and HVAC systems (Major System(s)) within three (3) years of the expiration of the Term of the Sublease, except as is necessary to prevent an abandonment determination by the insurance City of Glendale and as provided in Section 37.20, or to be maintained by Landlord pursuant maintain the Building sufficient to subparagraph 10(A) below. To the extent deemed necessary by Landlord, Landlord shall make available to Tenant for its use in effecting repairs, any warranties with respect to components of the Building. (c) Tenant shall enter into a maintenance contract providing provide for the periodic maintenance continuous operation of all hot waterSubtenant’s then-existing business, heating and air conditioning systems and units in if any; provided, however, this provision only applies when accompanied by a notice of Subtenant of intent not to extend the Premises, and removal and replacement of filters, and shall enter into a janitorial contract providing for Sublease beyond the daily cleaning of the Premises. These contracts shall be with parties and upon such terms and conditions as shall be reasonably approved by Landlord. Tenant shall provide Landlord a copy of such contracts within thirty days of the Commencement DateInitial Term or any Extended Term. (d) Tenant shall not damage any demising wall of the Building, or disturb the integrity and support provided by any demising wall and shall, at its sole cost and expense, promptly repair any damage or injury to any demising wall caused by Tenant or its employees, agents or invitees. (e) Tenant and its employees, customers and licensees shall have the non-exclusive right to use the parking areas as may be designated by Landlord in writing, subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking shall be available at the Building for the non-exclusive use of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent to the Building near the entrance to the Premises that shall be marked as spaces for visitors. Landlord shall not be responsible for enforcing Tenant's parking rights against any third parties. Landlord may require, at its option, in its sole discretion, that Tenant, its employees, invitees, and visitors use certain numbered spaces to be designated by Landlord.

Appears in 1 contract

Samples: Asset Purchase Agreement (Medicine Man Technologies, Inc.)

Repairs and Maintenance. (a) Landlord 15.01 Except as otherwise set forth herein, Tenant shall at its expense maintain only take good care of the roof, downspouts, gutters, foundation, utility lines located outside the Demised Premises and the structural soundness of the (b) Tenant shall fixtures and appurtenances therein, and at its own sole cost and expense keep shall make all repairs thereto, as and maintain when needed to preserve them in good working order and condition. In addition, except as otherwise set forth herein Tenant at its expense, shall promptly make all parts repairs, ordinary or extraordinary, interior or exterior, structural or otherwise, in and about the Demised Premises and the Building as shall be required by reason of (i) the performance or existence of work by Tenant necessary to suit the Demised Premises to Tenant's initial occupancy or Tenant's Work (ii) the installation, use or operation of Tenant's property in the Demised Premises, (iii) the moving of Tenant's property in or out of the Premises Building, or (except those for which Landlord is expressly responsible under iv) the terms misuse or neglect of this Lease) in good conditionTenant or any of its employees, promptly making all necessary repairs and replacements, including, but not limited to, windows, glass and plate glass, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debrisagents or contractors. Tenant shall not be obligated responsible, and Landlord shall be responsible, for any repairs to repair the Demised Premises as are required by reason of Landlord's neglect or other fault in the manner of performing any casualty covered by work included in the insurance to Work Letter or Tenant's Work which may be maintained undertaken by Landlord pursuant to subparagraph 10(A) below. To the extent deemed necessary for Tenant's account or as are otherwise required by Landlord, reason of neglect or other fault of Landlord shall make available to Tenant for its use in effecting repairs, any warranties with respect to components of the Building. (c) Tenant shall enter into a maintenance contract providing for the periodic maintenance of all hot water, heating and air conditioning systems and units in the Premises, and removal and replacement of filters, and shall enter into a janitorial contract providing for the daily cleaning of the Premises. These contracts shall be with parties and upon such terms and conditions as shall be reasonably approved by Landlord. Tenant shall provide Landlord a copy of such contracts within thirty days of the Commencement Date. (d) Tenant shall not damage any demising wall of the Building, or disturb the integrity and support provided by any demising wall and shall, at its sole cost and expense, promptly repair any damage or injury to any demising wall caused by Tenant or its employees, agents or inviteescontractors. 15.02 Landlord shall keep and maintain the Building and its fixtures, appurtenances, systems (eincluding base building H/V/A/C and perimeter heat pump units) and facilities serving the Demised Premises, in good working order, condition and repair and shall make all structural repairs, interior and exterior, except as indicated in Section 15.01 as and when needed in the Building, except for those repairs for which Tenant is responsible pursuant to any other provisions of this Lease, and subject to all other provisions of this Lease, including but not limited to the provisions of Article 21. Landlord shall also keep and maintain the grounds, driveway, parking areas and sidewalks in good order, condition and repair and in compliance with all applicable governmental laws, ordinances and regulations. 15.03 Except as 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 or any tenant making any repairs or changes or performing maintenance services, whether or not Landlord is required or permitted by this Lease or by law to make such repairs or changes or to perform such services in or to any portion of the Building or the Demised Premises, or in or to the fixtures, equipment or appurtenances of the Building or the Demised Premises, provided that Landlord shall be reasonably diligent with respect thereto and shall perform such work, except in case of emergency, at times reasonably convenient to Tenant and its employeesotherwise in such manner and to the extent practical as will not unreasonably interfere with Tenant's use and occupancy of the Demised Premises. 15.04 During the term of this Lease, customers the Landlord shall make improvements, alterations and licensees shall have modifications to the non-exclusive right to use the parking areas Building and High Ridge Park as may be designated by Landlord in writingnecessary to comply with the requirements of the Americans with Disabilities Act. Said improvements, subject to reasonable rules alterations and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking modifications shall be available at done in a manner which is consistent with the Building for the non-exclusive use standards of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent to the Building near the entrance to the Premises that shall be marked as spaces for visitorsClass A office building in Stamford, Connecticut. Landlord shall also perform its obligations under this Lease, and shall maintain the Building and High Ridge Park, in accordance with all applicable laws and requirements of public authorities. 15.05 In the event that Landlord shall, as the result of Landlord's negligence or willful misconduct (and specifically not due to Unavoidable Delays) fail to provide any of the services to be responsible for enforcing provided by Landlord which are limited to HVAC, electricity, water or elevator service, and solely as a result thereof Tenant's parking rights against business is suspended and Tenant is unable to and does not use the Demised Premises for the conduct of its business for a period of five consecutive business days Tenant shall be entitled to receive an equitable abatement of rent for any third parties. period in excess of said five consecutive days during which such services is interrupted, curtailed or suspended, provided that Tenant has given Landlord may require, at its option, in its sole discretion, that Tenant, its employees, invitees, notice of the loss of services and visitors use certain numbered spaces Landlord has failed to be designated by Landlordrestore said services within five business days after said notice.

Appears in 1 contract

Samples: Lease (Synapse Group Inc)

Repairs and Maintenance. (a) Notwithstanding the provisions of Article 17 of the Existing Lease, Landlord shall at its expense repair, maintain only and replace, or cause to be repaired, maintained and replaced, the structural components of the roof, downspoutsexterior walls, guttersslab, foundation, utility lines located outside foundation and other structural portions of the Premises and the structural soundness of the (b) Tenant shall at its own cost and expense keep and maintain all parts portion of the Premises (except those for which Landlord is expressly responsible under subsurface utilities from the terms exterior of this Lease) the Building to the boundary of the Property, as necessary, in order to keep the same in good conditioncondition and working order (collectively, promptly making all necessary repairs and replacements, including, but not limited to, windows, glass and plate glass, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debris. Tenant shall not be obligated to repair any casualty covered by the insurance to be maintained by Landlord pursuant to subparagraph 10(A) below“Landlord’s Maintenance/Repair Obligations”). To the extent deemed necessary that any of Landlord’s Maintenance/Repair Obligations constitute capital improvements, replacements or repairs to the Premises that are required under any Applicable Laws first enacted after the Extension Term Commencement Date (collectively, the “Permitted Capital Improvements”), Tenant shall be obligated to pay or reimburse Landlord for the costs and expenses paid or incurred by Landlord in connection with such Permitted Capital Improvements (collectively, the “Permitted Capital Costs”), amortized (including interest at a rate of eight percent (8%) per annum) over the useful life thereof, as reasonably determined by Landlord, Landlord shall make available in accordance with generally accepted accounting principles (“GAAP”) and billed to Tenant as Additional Rent on a monthly basis; provided that Tenant shall only be responsible for its use in effecting repairs, any warranties with respect to components the amortized portion of the Building. applicable Permitted Capital Cost that falls within the Extension Term and any holdover period. Except (ci) Tenant shall enter into a maintenance contract providing for the periodic maintenance of all hot waterPermitted Capital Costs, heating and air conditioning systems and units in the Premises, and removal and replacement of filters, and shall enter into a janitorial contract providing (ii) for the daily cleaning of the Premises. These contracts shall be with parties and upon such terms and conditions as shall be reasonably approved by Landlord. Tenant shall provide Landlord a copy of such contracts within thirty days of the Commencement Date. (d) Tenant shall not damage any demising wall of the Building, or disturb the integrity and support provided by any demising wall and shall, at its sole cost and expense, promptly repair any damage or injury to any demising wall caused by Tenant or its Tenant’s employees, agents agents, contractors, subcontractors or invitees. invitees (e) Tenant and its employees, customers and licensees shall have the non-exclusive right to use the parking areas as may be designated by Landlord in writing, subject to reasonable rules Section 20.7 of the Lease) and regulations (iii) as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking shall be available at otherwise provided in the Building for the non-exclusive use of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent to the Building near the entrance to the Premises that shall be marked as spaces for visitors. Lease, Landlord shall not be responsible for enforcing Tenant's parking rights against any third parties. all costs and expenses incurred by Landlord may require, at its option, in its sole discretion, that Tenant, its employees, invitees, and visitors use certain numbered spaces with respect to be designated by Landlord’s Maintenance/Repair Obligations.

Appears in 1 contract

Samples: Lease (Array Biopharma Inc)

Repairs and Maintenance. (a) Landlord shall at its expense maintain maintain, repair and replace only the roof, downspouts, gutters, foundation, utility lines located outside the Premises Premises, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures, elevators, and the structural soundness of thethe exterior walls of the Building in good repair, reasonable wear and tear excepted. Tenant shall repair, replace and pay for, any damage to the foregoing caused by the negligence of Tenant or Tenant's employees, agents or invitees, or caused by Tenant's default hereunder. The term "walls" as used herein shall not include windows, glass or plate glass, doors, special store fronts or office entries. Tenant shall immediately give Landlord written notice of defect or need for repairs, after which Landlord shall have reasonable opportunity to repair same or cure such defect. Landlord's liability with respect to any defects, repairs or maintenance for which Landlord is responsible under any of the provisions of this Lease shall be limited to the cost of such repairs or maintenance or the curing of such defect. (b) Tenant shall at its own cost and expense keep maintain, repair and maintain replace all parts of the Premises (except those for which Landlord is expressly responsible under the terms of this Lease) in good condition, promptly making all necessary repairs and replacements, including, but not limited to, windows, glass and plate glass, doors, any special office entry, interior walls, finish work, and floors and floor coveringcoverings, heating normal wear and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debristear excepted. Tenant shall not be obligated to repair any casualty covered by the insurance to be maintained by Landlord pursuant to subparagraph 10(A10(a) below. To the extent deemed necessary by Landlord, Landlord shall make available to Tenant for its use in effecting repairs, any warranties with respect to components of the Building. (c) Tenant If either party hereto shall fail to fulfill its obligations under this paragraph, the other party hereto may enter into a maintenance contract providing upon the area of the Building or the Premises as required to conduct the obligations of the defaulting party, and shall be entitled to reimbursement from the defaulting party for its actual costs and expenses in conducting such obligations. The defaulting party shall reimburse the other party hereto for its actual costs and expense promptly upon demand made by the other party hereto. The provisions of this subparagraph shall not be interpreted to obligate either party hereto to conduct obligations of the other party hereto. (d) Landlord shall conduct periodic maintenance of all hot water, heating and air conditioning systems and units in the Premises, remove and removal and replacement of filtersreplace filters therein, and shall enter into a provide for janitorial contract providing service for the daily cleaning of the Premises. These contracts Temperature levels in the Building shall be with parties and upon such terms and conditions as shall be reasonably approved by Landlord. Tenant shall provide Landlord a copy of such contracts within thirty days of maintained at levels customary for Class A office buildings comparable to the Commencement DateBuilding in the Research Triangle Park, North Carolina area. (de) Tenant shall not damage any demising wall of the Building, or disturb the integrity and support provided by any demising wall and shall, at its sole cost and expense, promptly repair any damage or injury to any demising wall caused by Tenant or its employees, agents or invitees. (ef) Tenant and its employees, customers and licensees shall have the non-exclusive right to use the parking areas on the Land as may be designated by Landlord in writing, subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking Tenant shall not park on streets, rights of ways, driveways, or roadways adjacent to the Building or the Land, nor allow its employees, agents, invitees, or licensees to do so. No vehicles other than passenger vehicles shall be available parking on the Land, without the prior written consent of the Landlord. Any vehicles, including, tractors, trailers, or tractor trailers parked at the Building in violation of any provision of this Lease, or abandoned on the Land, as reasonably determined by Landlord, are subject to removal by Landlord, at the cost and expense of Tenant, and Tenant shall indemnify, defend, and hold harmless Landlord of and from all loss, cost and expense incurred by Landlord in the enforcement of the provisions of this Section. Tenant shall be considerate of the parking needs of other tenants of the Building, and shall not violate the rights of other tenants of the Building. The parking ratio provided to Tenant and its employees for the non-exclusive use parking of Tenant cars at a ratio of five the Building shall be 3.44 spaces per 1,000 rentable square feet. Included within feet of the Premises and Tenant shall not exceed this ratio ratio; provided, however, in the event any improvements, or equipment located by Tenant on the Land consume any portion of the parking area located on the Land, the parking spaces affected shall be seven counted against the parking spaces located adjacent to ratio available for use by Tenant at the Building near the entrance to the Premises that shall be marked as spaces for visitorsPremises. Landlord shall not be responsible for enforcing Tenant's parking rights against any third parties. Landlord may require, at its option, in its sole discretion, that Tenant, its employees, invitees, and visitors use certain numbered spaces to be designated by Landlord.

Appears in 1 contract

Samples: Lease Agreement (Pharmaceutical Product Development Inc)

Repairs and Maintenance. 15.01 Tenant shall maintain the Demised Premises (aincluding Tenant’s equipment, personal property and trade fixtures located in the Demised Premises) Landlord shall in their condition at the time they were delivered to Tenant, reasonable wear and tear excluded. Tenant shall, at Tenant’s sole cost and expense, make all interior repairs to the Demised Premises as and when needed to preserve the Demised Premises in good condition and working order, damage from casualty excepted. Tenant, at its expense maintain only expense, shall promptly make all repairs, ordinary or extraordinary, interior or exterior, structural or otherwise, in and about the roof, downspouts, gutters, foundation, utility lines located outside the Demised Premises and the structural soundness of the (b) Tenant shall at its own cost and expense keep and maintain all parts of the Premises (except those for which Landlord is expressly responsible under the terms of this Lease) in good conditionBuilding, promptly making all necessary repairs and replacements, including, but not limited to, windows, glass and plate glass, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debris. Tenant shall not be obligated to repair any casualty covered by the insurance to be maintained by Landlord pursuant to subparagraph 10(A) below. To the extent deemed necessary by Landlord, Landlord shall make available to Tenant for its use in effecting repairs, any warranties with respect to components of the Building. (c) Tenant shall enter into a maintenance contract providing for the periodic maintenance of all hot water, heating and air conditioning systems and units in the Premises, and removal and replacement of filters, and shall enter into a janitorial contract providing for the daily cleaning of the Premises. These contracts shall be with parties and upon such terms and conditions as shall be reasonably approved required by Landlord. Tenant shall provide Landlord a copy reason of such contracts within thirty days (i) the performance or existence of Tenant’s Work or Tenant’s Changes, (ii) the Commencement Date. installation, use or operation of Tenant’s Property in the Demised Premises, (diii) Tenant shall not damage any demising wall the moving of Tenant’s Property in or out of the Building, or disturb (iv) the integrity and support provided negligence or willful act of Tenant or any of its employees, agents or contractors; but Tenant shall not be responsible for any of such repairs as are required by reason of Landlord’s negligence or other fault in the manner of performing any demising wall and shall, at its sole cost and expense, promptly repair any damage of Tenant’s Work or injury to any demising wall caused Tenant’s Changes which may be undertaken by Tenant Landlord for Tenant’s account or are otherwise required by reason of negligence or other fault of Landlord or its employees, agents or invitees. (e) Tenant and contractors. Except if required by the negligence or other fault of Landlord or its employees, customers agents or contractors, Tenant, at its expense, shall replace all scratched, damaged or other glass in or about the Demised Premises and licensees shall have be responsible for all repairs, maintenance and replacement of interior doors and wall and floor coverings in the non-exclusive right to use Demised Premises and, for the parking areas repair and maintenance of all lighting fixtures therein. All repairs, except for emergency repairs, made by Tenant as may provided herein shall be designated performed by contractors or subcontractors approved in writing by Landlord in writingprior to commencement of such repairs, subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking shall be available at the Building for the non-exclusive use of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent to the Building near the entrance to the Premises that shall be marked as spaces for visitors. Landlord which approval shall not be responsible for enforcing Tenant's parking rights against any third parties. Landlord may requireunreasonably withheld or delayed. 15.02 Landlord, at its optionexpense, shall keep and maintain the Building and its systems and facilities serving the Demised Premises, in good working order, condition and repair and shall make all repairs, structural and otherwise, interior and exterior, as and when needed in or about the Demised Premises and the Building, except for those repairs for which Tenant or third party (ies) is responsible pursuant to any other provisions of this Lease. 15.03 Except as expressly otherwise provided in this Lease and due to the negligence or willful conduct of Landlord or its sole discretionagents, 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 Demised Premises, or in or to the fixtures, equipment or appurtenances of the Building or the Demised Premises, provided that Landlord shall use due diligence in making any repairs and shall perform such repair work, except in case of emergency, at times reasonably convenient to Tenant and otherwise in such manner as will not materially interfere with Tenant, its employees, invitees, and visitors ’s use certain numbered spaces to be designated by Landlordof the Demised Premises.

Appears in 1 contract

Samples: Lease (Boomerang Systems, Inc.)

Repairs and Maintenance. (a) The premises are leased to Tenant "as is," and except as herein expressly provided, Landlord shall be under no liability, nor have any obligation to do any work or make any repairs in or to the premises, and any work which may be necessary to outfit the premises for Tenant's occupancy or for the operation of Tenant's business therein is the sole responsibility of Tenant and shall be performed by Tenant at its expense maintain only own cost and expense. Tenant acknowledges that it has fully inspected the roofpremises prior to the execution of this Lease, downspouts, gutters, foundation, utility lines located outside and Tenant further acknowledges that Landlord has made no warranties or representations with respect to the Premises and condition or state of repairs of the structural soundness of thepremises. (b) Tenant will, during the term of this Lease, keep the premises and appurtenances (including windows, doors, plumbing, heating and electrical facilities and installations) in good order and repair and will make all necessary ordinary repairs thereof at its own expense, except that Landlord will make all necessary repairs (except painting) to the exterior masonry walls and roof of the premises, and to the outside portions of the premises (including paving, exterior lighting and landscaping) after either being notified in writing by Tenant of the need for such repairs or otherwise having knowledge of the need for such repairs, and shall have a reasonable time in which to complete such repairs. Tenant agrees to carry after the First Rental Year, throughout the remainder of the term of this Lease and any renewal or extensions hereof, a maintenance and/or service agreement or policy on the HVAC system in the demised premises. Tenant shall provide Landlord with a copy of such policy or a certificate evidencing such coverage, prior to the commencement of the second Rental Year of the Lease term. Landlord shall be responsible for maintenance of the HVAC system during the First Rental Year. In the event that the repairs required to be made by Landlord are necessitated as a result of negligence or misuse by Tenant, its agents, servants, employees, licensees or guests, or by any contractor engaged by or on behalf of Tenant, such repairs shall be made by and be paid for by Tenant. If Tenant does not elect to perform its own snow and ice removal, Tenant agrees to pay as additional rent Tenant's pro-rata share of snow and ice removal expense, based upon the size of the premises in proportion to the total square footage of the park in which the premises are located. Tenant will, at the expiration of the term or at the sooner termination thereof by forfeiture or otherwise, deliver up the premises in the same good order and condition as they were at the beginning of tenancy, reasonable wear and tear excepted. Tenant further agrees that it will maintain the premises at its own expense in a clean, orderly and sanitary condition, free of insects, rodents, vermin, and other pests; and that it will not permit undue accumulation of garbage, trash, rubbish or other refuse, but will remove the same at its own expense and will keep such refuse in proper containers within the interior of the premises until called for to be removed. Tenant further agrees that it will not install any additional electrical wiring or plumbing unless it has first obtained Landlord's written consent thereto (such consent not to be unreasonably withheld or delayed), and, if such consent is given, Tenant will install the same at its own cost and expense keep expense, and maintain all parts of the Premises (except those for which Landlord is expressly responsible under the terms of this Lease) in good condition, promptly making all necessary repairs and replacements, including, but not limited to, windows, glass and plate glass, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debris. Tenant shall not be obligated to repair any casualty covered by the insurance to be maintained by Landlord pursuant to subparagraph 10(A) below. To the extent deemed necessary by Landlordobtain, Landlord shall make available to Tenant at Tenant's expense, all permits required for its use in effecting repairs, any warranties with respect to components of the Buildingsuch installation. (c) Tenant shall enter into a maintenance contract providing for In the periodic maintenance of all hot water, heating and air conditioning systems and units in the Premises, and removal and replacement of filters, and shall enter into a janitorial contract providing for the daily cleaning of the Premises. These contracts shall be with parties and upon such terms and conditions as shall be reasonably approved by Landlord. Tenant shall provide Landlord a copy of such contracts within thirty days of the Commencement Date. (d) event Tenant shall not damage proceed promptly and diligently to make any demising wall of the Buildingrepairs or perform any obligation imposed upon it by subparagraphs (a) and (b) hereof within forty-eight (48) hours after receiving written notice from Landlord to make such repairs or perform such obligation, or disturb the integrity then and support provided by any demising wall and shallin such event, at its sole cost and expense, promptly repair any damage or injury to any demising wall caused by Tenant or its employees, agents or invitees. (e) Tenant and its employees, customers and licensees shall have the non-exclusive right to use the parking areas as may be designated by Landlord in writing, subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking shall be available at the Building for the non-exclusive use of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent to the Building near the entrance to the Premises that shall be marked as spaces for visitors. Landlord shall not be responsible for enforcing Tenant's parking rights against any third parties. Landlord may requiremay, at its option, enter the premises and do and per- form the things specified in its sole discretionsaid notice, that Tenant, its employees, inviteeswithout liability on the part of Landlord for any loss or damage resulting from any such action by Landlord, and visitors use certain numbered spaces Tenant agrees to pay promptly upon demand any cost or expense incurred by Landlord in taking such action. \ (d) Landlord shall be designated by Landlordresponsible for making any capital repairs and replacements (as opposed to ordinary maintenance repairs) to the premises, such as (if necessary) replacement of the furnace, re-paving of the parking lots, and replacement of plumbing facilities.

Appears in 1 contract

Samples: Lease Agreement (Tessco Technologies Inc)

Repairs and Maintenance. (a) 14.01 Landlord shall at its expense maintain only the roofshall, downspoutsas a Cost of Operation, gutters, foundation, utility lines located outside the Premises and the structural soundness of the (b) Tenant shall at its own cost and expense keep and maintain all parts of the Premises Building and its fixtures, appurtenances, systems and related facilities (except those for which Landlord is expressly responsible under including the terms of this Lease) in good conditioncentral heating, promptly making all necessary repairs and replacements, including, but not limited to, windows, glass and plate glass, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debris. Tenant shall not be obligated to repair any casualty covered by the insurance to be maintained by Landlord pursuant to subparagraph 10(A) below. To the extent deemed necessary by Landlord, Landlord shall make available to Tenant for its use in effecting repairs, any warranties with respect to components of the Building. (c) Tenant shall enter into a maintenance contract providing for the periodic maintenance of all hot water, heating ventilating and air conditioning systems and units in the central or core elevator and plumbing systems), serving the Demised Premises, in good working order, condition and removal and replacement of filtersrepair (but not auxiliary or supplementary heating, ventilating or air conditioning units or equipment, plumbing fixtures, serving only the Demised Premises shall be Tenant's responsibility under Section 14.02 hereof), and shall enter into Landlord shall, as a janitorial contract providing for Cost of Operation make all repairs to preserve the daily cleaning strength of the Premises. These contracts shall be with parties and upon such terms and conditions as shall be reasonably approved by Landlord. Tenant shall provide Landlord a copy of such contracts within thirty days of the Commencement Date. (d) Tenant shall not damage any demising wall structural components of the Building, interior and exterior, as and when needed in the Building, except as indicated in the second sentence of Section 14.02, except further for those repairs for which Tenant is responsible pursuant to any other provisions of this Lease, and subject to all other provisions of this lease, including but not limited to the provisions of Article 15. 14.02 Tenant shall take good care of the Demised Premises and the fixtures and appurtenances therein and thereto (including, without limitation, windows and doors adjoining, or disturb used exclusively in connection with, the integrity Demised Premises), and support at its sole cost and expense shall pay for all repairs thereto, as and when needed to preserve them in good working order and condition except as otherwise provided by any demising wall and shallin Section 14.01 hereof. In addition, Tenant, at its sole cost and expense, promptly repair any damage shall pay for all repairs, ordinary or injury to any demising wall caused extraordinary, interior or exterior, structural or otherwise, in and about the Demised Premises and the Building as shall be required by reason of (a) the performance or existence of work by Tenant necessary to suit the Demised Premises to Tenant's initial occupancy or in connection with Tenant's Changes, (b) the installation, use or operation of Tenant's Property in the Demised Premises, (c) the moving of Tenant's Property in or out of the Building, or (d) the misuse or neglect of Tenant or any of its employees, agents agents, or invitees. (e) contractors. As soon as any such repair is required, Tenant and its employeesshall notify Landlord, customers and licensees shall have the non-exclusive right to use the parking areas as may be designated by Landlord who shall, in writing, subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking shall be available at the Building for the non-exclusive use of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent to the Building near the entrance to the Premises that shall be marked as spaces for visitors. Landlord shall not be responsible for enforcing Tenant's parking rights against any third parties. Landlord may requireturn, at its option, either make such repair (at the Work Charge), or notify Tenant to make such repairs. 14.03 Except as expressly otherwise provided in its sole discretionthis Lease, Landlord shall have no liability to Tenant by reason of any inconvenience, annoyance, interruption or injury to business arising from Landlord or any tenant making repairs or changes or performing maintenance services, whether or not Landlord is required or permitted by this Lease or by law to make such repairs or changes or to perform such services in or to any portion of the Building or Demised Premises, or in or to the fixture, equipment, or appurtenances of the Building or the Demised Premises, provided that Landlord shall be reasonably diligent with respect thereto and shall perform such work, except in case of emergency, at times reasonably convenient to Tenant and otherwise in such manner and to the extent practical as will not unreasonably interfere with Tenant, its employees, invitees, 's use and visitors use certain numbered spaces occupancy of the Demised Premises. 14.04 When used in this Lease the term "repair" shall be deemed to include restoration and replacement as may be designated by Landlordnecessary to achieve and/or maintain good working order and condition.

Appears in 1 contract

Samples: Standard Form Lease (Icon Holdings Corp)

Repairs and Maintenance. (a) Except as expressly provided in Exhibit B, Landlord shall at its expense maintain only be under no liability, nor have any obligation to do any work or make any repairs in or to the roofPremises, downspouts, gutters, foundation, utility lines located outside and any work which may be necessary to outfit the Premises for Tenant's occupancy or for the operation of Tenant's business therein is the sole responsibility of Tenant and the structural soundness of the (b) shall be performed by Tenant shall at its own cost and expense keep and maintain all parts of expense. Tenant acknowledges that it has fully inspected the Premises (except those for which Landlord is expressly responsible under prior to the terms execution of this Lease, and Tenant further acknowledges that Landlord has made no warranties or representations with respect to the condition or state of repairs of the Premises. (b) in good conditionTenant, promptly making all necessary repairs and replacementsat Tenant's sole expense, including, but not limited to, windows, glass and plate glass, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debris. Tenant shall not be obligated to repair any casualty covered by the insurance to be maintained except for services furnished by Landlord pursuant to subparagraph 10(A) below. To Section 3 hereof, maintain the extent deemed necessary by LandlordPremises in good order, Landlord shall make available to Tenant for its use in effecting repairscondition, any warranties with respect to components and repair, including the interior surfaces of the Buildingceilings, walls and floors, all doors, all interior windows, all plumbing, pipes and fixtures, electrical wiring, switches and fixtures, building standard furnishings and special items and equipment installed by or at the expense of Tenant. (c) Tenant shall enter into a maintenance contract providing be responsible for all repairs and alterations in and to the periodic maintenance Premises and Building and the facilities and systems thereof, the need for which arises out of all hot water(i) Tenant's use or occupancy of the Premises; (ii) the installation, heating and air conditioning systems and units removal, use or operation of Tenant's property in the Premises, and removal and replacement ; (iii) the moving of filters, and shall enter Tenant's property into a janitorial contract providing for the daily cleaning or out of the Premises. These contracts shall be with parties and upon such terms and conditions as shall be reasonably approved by Landlord. Tenant shall provide Landlord a copy Building; or (iv) any act, omission, misuse or negligence of such contracts within thirty days of the Commencement DateTenants, its agents, contractors, employees or invitees. (d) If Tenant fails to maintain the Premises in good order, condition and repair, Landlord may give Tenant notice to do such acts as are reasonably required to so maintain the Premises. If Tenant fails to promptly commence such work and diligently prosecute it to completion, then Landlord shall not damage have the right to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Any amount so expended by Landlord shall be paid by Tenant promptly after demand, with interest from the date of such work, at a rate equal to four percentage points (4%) above the prime commercial rate of interest then being charged by Bank of America. Landlord shall have no liability to Tenant for any demising wall damage, inconvenience, or interference with the use of the Building, 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 Premises by Tenant or its employees, agents or inviteesas a result of performing any such work. (e) Tenant shall not place a load upon any floor of the Premises which exceeds the load per square foot which such floor was designed to carry, as determined by Landlord's structural engineer. Landlord reserves the right to consult with its structural engineer if necessary, in Landlord's opinion, to resolve any questions concerning this matter, in which event the determination of the engineer shall be conclusive and its employeesthe cost of any such determination shall be paid for by Tenant upon demand. Tenant shall not install business machines or mechanical equipment which cause noise or vibration to such a degree as to be objectionable to Landlord or other Building tenants. (f) Except as otherwise expressly provided in this Lease, customers and licensees Landlord shall have no liability to Tenant nor shall Tenant's obligations under this Lease be reduced or abated in any manner whatsoever by reason of any inconvenience, annoyance, interruption or injury to business arising from Landlord's making any repairs or changes which Landlord is required or permitted by this Lease or by any other tenant's lease or required by law to make in or to any portion of the non-exclusive right Building or the Premises. Landlord shall, nevertheless, use reasonable efforts to minimize any interference with Tenant's business in the Premises. (g) Tenant shall give Landlord prompt notice of any damage to or defective condition in any part or appurtenance of the Building's mechanical, electrical, plumbing, HVAC or other systems serving, located in, or passing through the Premises. (h) Upon the expiration or earlier termination of this Lease, Tenant shall return the Premises to Landlord clean and in the same condition as on the date Tenant took possession, except for normal wear and tear. Any damage to the Premises, including any structural damage, resulting from Tenant's use or from the parking areas as may be designated by Landlord in writingremoval of Tenant's fixtures, subject to reasonable rules furnishings and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking equipment shall be available repaired by Tenant at the Building Tenant's expense. Landlord shall xxxx Tenant, as promptly as is practicable, for the non-exclusive use costs of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent to the Building near the entrance any cleanup and/or repairs to the Premises that necessitated by Tenant's use and occupancy thereof (normal wear and tear excepted) and such costs shall be marked constitute additional rental due and payable hereunder notwithstanding any expiration or termination of this Lease. (i) Landlord shall,as spaces part of Operating Costs, keep the Property and the Building, and all machinery, equipment, fixtures and systems of every kind attached to, or used in connection with the operation of, the Building, including all electrical, heating, mechanical, sanitary, sprinkler, utility, power, plumbing, cleaning, refrigeration, ventilating, air-conditioning and elevator systems and equipment (excluding, however, lines, improvements, systems and machinery for visitorswater, gas, steam, electricity and data and communications services owned and maintained by any public utility company, governmental agency or body or other public or private service provider) in good order and repair. In connection with the foregoing, Landlord shall not be responsible for enforcing Tenant's parking rights against any third parties. Landlord may require, at make all repairs and replacements necessary to comply with its option, obligations set forth in its sole discretion, that Tenant, its employees, invitees, and visitors use certain numbered spaces to be designated by Landlordthe immediately preceding sentence unless otherwise expressly set forth in this Lease.

Appears in 1 contract

Samples: Lease Agreement (Steelcloud Inc)

Repairs and Maintenance. 11.1 Tenant's Care of the Premises and Building. During the Term ------------------------------------------ Tenant shall: (ai) Landlord shall at its expense maintain only the roof, downspouts, gutters, foundation, utility lines located outside keep the Premises and the structural soundness of thefixtures, appurtenances and improvements therein in good order and condition, ordinary wear and tear excepted; (bii) make repairs and replacements to the Premises required because of Tenant's misuse or primary negligence, except to the extent that the repairs or replacements are covered by Landlord's insurance as required hereunder; (iii) repair and replace special equipment or decorative treatments installed by or at Tenant's request and that serve the Premises only, except to the extent the repairs or replacements are needed because of Landlord's misuse or primary negligence, and are not covered by Tenant's insurance as required hereunder; (iv) pay for all damage to the Building, its fixtures and appurtenances, as well as all damages sustained by Tenant or occupants of the Building due to any waste, misuse or neglect of the Premises, its fixtures and appurtenances by Tenant, except to the extent that the repair of such damage is covered by Landlord's insurance as required hereunder to the extent that Landlord actually receives proceeds therefrom; and (v) not commit waste. In addition Tenant shall at its own cost and expense keep and maintain all parts not place a load upon any floor of the Premises (except those for exceeding the floor load per square foot area which such floor was designed to carry and which may be allowed under Applicable Laws. Landlord is expressly responsible reserves the right to prescribe the weight and position of all heavy equipment brought onto the Premises and prescribe any reinforcing required under the terms of this Lease) in good conditioncircumstances, promptly making all necessary repairs and replacements, including, but not limited to, windows, glass and plate glass, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debris. Tenant shall not be obligated to repair any casualty covered by the insurance such reinforcing to be maintained by Landlord pursuant to subparagraph 10(A) below. To the extent deemed necessary by Landlord, Landlord shall make available to Tenant for its use in effecting repairs, any warranties with respect to components of the Building. (c) Tenant shall enter into a maintenance contract providing for the periodic maintenance of all hot water, heating and air conditioning systems and units in the Premises, and removal and replacement of filters, and shall enter into a janitorial contract providing for the daily cleaning of the Premises. These contracts shall be with parties and upon such terms and conditions as shall be reasonably approved by Landlord. Tenant shall provide Landlord a copy of such contracts within thirty days of the Commencement Date. (d) Tenant shall not damage any demising wall of the Building, or disturb the integrity and support provided by any demising wall and shall, at its sole cost and expense, promptly repair any damage or injury to any demising wall caused by Tenant or its employees, agents or invitees. (e) Tenant and its employees, customers and licensees shall have the non-exclusive right to use the parking areas as may be designated by Landlord in writing, subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking shall be available at the Building for the non-exclusive use of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent to the Building near the entrance to the Premises that shall be marked as spaces for visitors. Landlord shall not be responsible for enforcing Tenant's parking rights against any third parties. Landlord may require, at its option, in its sole discretion, that Tenant, its employees, invitees, and visitors use certain numbered spaces to be designated by Landlordexpense.

Appears in 1 contract

Samples: Lease Agreement (Dialysis Corp of America)

Repairs and Maintenance. (a) Except as expressly provided in Exhibits B and B-1, or otherwise by the provisions of this Lease, Landlord shall at its expense maintain only be under no liability, nor have any obligation to do any work or make any repairs in or to the roofPremises, downspouts, gutters, foundation, utility lines located outside and any work which may be necessary to outfit the Premises for Tenant's occupancy or for the operation of Tenant's business therein is the sole responsibility of Tenant and the structural soundness of the (b) shall be performed by Tenant shall at its own cost and expense keep expense. Tenant acknowledges that it has fully inspected the Premises prior to the execution of this Lease, and maintain all parts Tenant further acknowledges that Landlord has made no warranties or representations with respect to the condition or state of repairs of the Premises (except those for which Landlord is as may be expressly responsible under the terms of contained in this Lease. (b) in good conditionTenant, promptly making all necessary repairs and replacementsat Tenant's sole expense, including, but not limited to, windows, glass and plate glass, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debris. Tenant shall not be obligated to repair any casualty covered by the insurance to be maintained except for services furnished by Landlord pursuant to subparagraph 10(A) below. To Section 3 hereof and repairs as may be necessitated by the extent deemed necessary by negligence or willful misconduct of Landlord, Landlord shall make available to Tenant for its use Landlord's agents, employees or contractors, maintain the Premises in effecting repairsgood order, any warranties with respect to components condition, and repair, including the interior surfaces of the Buildingceilings, walls and floors, all doors, all interior windows, all exposed plumbing fixtures, exposed electrical wiring, switches and fixtures, building standard furnishings and special items and equipment installed in the Premises by or at the expense of Tenant. (c) Tenant shall enter into a maintenance contract providing be responsible for all repairs and alterations in and to the periodic maintenance Premises and Building and the facilities and systems thereof, the need for which arises out of all hot water(i) Tenant's use or occupancy of the Premises; (ii) the installation, heating and air conditioning systems and units removal, use or operation of Tenant's property in the Premises, and removal and replacement ; (iii) the moving of filters, and shall enter Tenant's property into a janitorial contract providing for the daily cleaning of the Premises. These contracts shall be with parties and upon such terms and conditions as shall be reasonably approved by Landlord. Tenant shall provide Landlord a copy of such contracts within thirty days of the Commencement Date. (d) Tenant shall not damage any demising wall or out of the Building; or (iv) any act, omission, misuse or negligence of Tenants, its agents, contractors or employees; provided, however, that Tenant shall be under no obligation to make any repair or alteration requiring any capital improvements, modification(s) to or change(s) in the Buildings Systems or any structural alteration of or in connection with the Premises, such repair or alteration is required by reason of a condition which has been created by, 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 Tenant or its employees, agents or invitees. (e) Tenant and its employees, customers and licensees shall have the non-exclusive right to use the parking areas as may be designated by Landlord in writing, subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking shall be available at the Building for the non-exclusive use of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent to the Building near the entrance to the Premises that shall be marked as spaces for visitors. Landlord shall not be responsible for enforcing Tenant's parking rights against any third parties. Landlord may require, at its option, in its sole discretion, that Tenant, its employees, invitees, and visitors use certain numbered spaces to be designated by Landlord.the

Appears in 1 contract

Samples: Office Lease (Appliedtheory Corp)

Repairs and Maintenance. (a) Except with respect to Landlord Repairs (as defined below), Tenant, at Tenant’s expense, shall at its expense maintain only the roof, downspouts, gutters, foundation, utility lines located outside the Premises and the structural soundness of the (b) Tenant shall at its own cost and expense keep and maintain all parts of the Premises (except those for which Landlord is expressly responsible under the terms of this Lease) in good condition, 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, including, but not limited to, windows, glass and plate glass, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debris. Tenant shall not be obligated have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or advising Landlord of Tenant’s desire to repair any casualty covered by the insurance have Landlord make such repairs, in which case Tenant shall pay to be maintained by Landlord pursuant to subparagraph 10(A) belowfor such repairs at Landlord’s then-standard rate. To the extent deemed necessary by Landlordthat Tenant requests that Landlord make any other repairs that are Tenant’s obligation to make under this Lease, Landlord shall may elect to make available to Tenant for its use in effecting repairssuch repairs on Tenant’s behalf, any warranties with respect to components of the Building. (c) at Tenant’s expense, and Tenant shall enter into a maintenance contract providing for pay to Landlord such expense along with the periodic maintenance Administrative Fee. If Tenant has been in default under this Lease, Landlord may elect to require that Tenant prepay the amount of all hot watersuch repair. All Tenant repairs shall comply with Laws and utilize materials and equipment that are at least equal in quality, heating and air conditioning systems and units in the Premisesnumber, and removal usefulness to those originally used in constructing the Building and replacement of filters, and shall enter into a janitorial contract providing for the daily cleaning of the Premises. These contracts In addition, Tenant shall be maintain, at Tenant’s expense, Tenant’s Supplemental HVAC, Premises Hot Water Heaters, and/or Alterations in a clean and safe manner and in proper operating condition throughout the Term. “Tenant’s Supplemental HVAC” means any supplemental HVAC system serving the Premises (regardless of who installed it). “Premises Hot Water Heater” means any hot water heater serving the Premises (regardless of who installed it), including without limitation expansion tanks and any associated piping. Tenant shall maintain Tenant’s Supplemental HVAC under a service contract with parties a firm and upon such terms and conditions as shall may be reasonably approved by 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. Further, Tenant shall ensure that all Premises Hot Water Heaters have a copy of such contracts within thirty days working automatic water shut-off device with audible alarm and a leak pan underneath with the drain line run to a suitable floor drain. All repairs to the Building and/or the Project made necessary by reason of the Commencement Date. 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 make repairs for which Tenant is responsible hereunder (dat Tenant’s cost) without giving Tenant prior notice, but in such case, Landlord shall not provide notice to Tenant as soon as practicable thereafter, and Landlord shall take commercially reasonable steps to minimize the costs incurred. Further, Landlord shall have the right to make repairs for which Tenant is responsible hereunder (at Tenant’s cost) with prior notice to Tenant if Landlord believes in its sole and absolute discretion that the repairs are necessary to prevent harm or damage any demising wall of to the Building, 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 Tenant or its employees, agents or invitees. (e) Tenant and its employees, customers and licensees shall have the non-exclusive right to use the parking areas as may be designated by Landlord in writing, subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking shall be available at the Building for the non-exclusive use of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent to the Building near the entrance to the Premises that shall be marked as spaces for visitors. Landlord shall not be responsible for enforcing Tenant's parking rights against any third parties. Landlord may require, at its option, in its sole discretion, that Tenant, its employees, invitees, and visitors use certain numbered spaces take commercially reasonable steps to be designated by Landlordminimize the costs incurred.

Appears in 1 contract

Samples: Lease (Madrigal Pharmaceuticals, Inc.)

Repairs and Maintenance. (a) Landlord 15.01 Tenant shall take good care of the Demised Premises, provided, however, that such obligation shall not be deemed to require Tenant to make any repairs other than those set forth in this Section 15.01. Tenant, at its expense maintain only expense, shall promptly make all repairs, ordinary or extraordinary, interior or exterior, structural or otherwise, in and about the roof, downspouts, gutters, foundation, utility lines located outside the Demised Premises and the structural soundness of the (b) Tenant shall at its own cost and expense keep and maintain all parts of the Premises (except those for which Landlord is expressly responsible under the terms of this Lease) in good condition, promptly making all necessary repairs and replacements, including, but not limited to, windows, glass and plate glass, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debris. Tenant shall not be obligated to repair any casualty covered by the insurance to be maintained by Landlord pursuant to subparagraph 10(A) below. To the extent deemed necessary by Landlord, Landlord shall make available to Tenant for its use in effecting repairs, any warranties with respect to components of the Building. (c) Tenant shall enter into a maintenance contract providing for the periodic maintenance of all hot water, heating and air conditioning systems and units in the Premises, and removal and replacement of filters, and shall enter into a janitorial contract providing for the daily cleaning of the Premises. These contracts shall be with parties and upon such terms and conditions Building as shall be reasonably approved required by Landlord. Tenant shall provide reason of (i) the performance or existence of Tenant's Work not performed by Landlord a copy or Tenant's Changes, (ii) the installation, use or operation of such contracts within thirty days Tenant's Property in the Demised Premises, (iii) the moving of the Commencement Date. (d) Tenant shall not damage any demising wall Tenant's Property in or out of the Building, or disturb (iv) the integrity and support provided misuse or neglect of Tenant or any of its employees, agents or contractors; but Tenant shall not be responsible for any of such repairs as are required by reason of Landlord's neglect or other fault in the manner of performing any demising wall and shall, at its sole cost and expense, promptly repair any damage of Tenant's Work or injury to any demising wall caused Tenant's Changes which may be undertaken by Tenant Landlord for Tenant's account or are otherwise required by reason of neglect or other fault of Landlord or its employees, agents or contractors. Except if required by the neglect or other fault of Landlord or its employees, agents or contractors, Tenant, at its expense, shall replace all scratched, damaged or broken doors or other glass (other than exterior windows) in or about the Demised Premises and shall be responsible for all repairs, maintenance and replacement of wall and floor coverings in the Demised Premises and, for the repair and maintenance of all lighting fixtures therein. (a) Landlord, at its expense, shall keep and maintain the Building and its fixtures, appurtenances, systems, exterior windows and facilities serving the Demised Premises, in good working order, condition and repair and shall make all repairs, structural and otherwise, interior and exterior, as and when needed in or about the Demised Premises, except for those repairs for which Tenant is responsible pursuant to any other provisions of this lease. (b) During the first (1st) year of the term of this lease, Landlord at its expense, shall promptly make all repairs, in and about the Demised Premises as shall be required by reason of any defects in the performance or existence of Landlord's Work, or Tenant's Work performed by Landlord, unless such defect or any damage is caused by reason of the negligence or acts of Tenant or its agents, employees, contractors, guests or invitees. (e) 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's making any repairs or changes which Landlord is required or permitted by this lease, or required by law, to make in or to any portion of the Building or the Demised Premises, or in or to the fixtures, equipment or appurtenances of the Building or the Demised Premises, provided that Landlord shall use due diligence with respect thereto and shall perform such work, except in case of emergency, at times reasonably convenient to Tenant and its employees, customers and licensees shall have the non-exclusive right to use the parking areas otherwise in such manner as may be designated by Landlord in writing, subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking shall be available at the Building for the non-exclusive will not materially interfere with Tenant's use of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent to the Building near the entrance to the Demised Premises provided that shall be marked as spaces for visitors. Landlord shall not be responsible for enforcing use reasonable efforts to effect such repairs or changes promptly and in such manner as to minimize such inconvenience, annoyance, interruption or injury to Tenant's parking rights against any third parties. Landlord may require, at its option, in its sole discretion, that Tenant, its employees, invitees, and visitors use certain numbered spaces to be designated by Landlordbusiness.

Appears in 1 contract

Samples: Lease (Philipp Brothers Chemicals Inc)

Repairs and Maintenance. (a) 18.1. Landlord shall at its expense repair and maintain only the roof, downspouts, gutters, foundation, utility lines located outside the Premises and in good condition the structural soundness of the (b) Tenant shall at its own cost and expense keep exterior portions and maintain all parts of the Premises (except those for which Landlord is expressly responsible under the terms of this Lease) in good condition, promptly making all necessary repairs and replacements, including, but not limited to, windows, glass and plate glass, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debris. Tenant shall not be obligated to repair any casualty covered by the insurance to be maintained by Landlord pursuant to subparagraph 10(A) below. To the extent deemed necessary by Landlord, Landlord shall make available to Tenant for its use in effecting repairs, any warranties with respect to components of the Building. (c) Tenant shall enter into a maintenance contract providing for the periodic maintenance of all hot water, heating and air conditioning systems and units in the Premises, and removal and replacement of filters, and shall enter into a janitorial contract providing for the daily cleaning of the Premises. These contracts shall be with parties and upon such terms and conditions as shall be reasonably approved by Landlord. Tenant shall provide Landlord a copy of such contracts within thirty days of the Commencement Date. (d) Tenant shall not damage any demising wall 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 disturb furnished by Landlord. SMRH:418641349.9 28 18.2. Without limiting Landlord’s obligations under Article 4 and the integrity Work Letter, and support provided except for services of Landlord, if any, required by any demising wall 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 expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted and with the Tenant Improvements in substantially the same condition as existed upon Substantial Completion of the Tenant Improvements; and shall, at its Landlord’s request and Tenant’s sole cost and expense, promptly remove all telephone and data systems, wiring and equipment from the Premises (with respect to wiring, only to the extent installed by a Tenant Party (as defined below)), and repair any damage or injury to any demising wall caused by Tenant or its employees, agents or invitees. (e) Tenant and its employees, customers and licensees shall have the non-exclusive right to use the parking areas as may be designated by Landlord in writing, subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking shall be available at the Building for the non-exclusive use of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent to the Building near the entrance to the Premises that caused thereby. Landlord shall be marked as spaces for visitorshave no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter. 18.3. Landlord shall not be responsible liable for enforcing Tenant's parking 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 against under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.4. If any third parties. Landlord may requireexcavation shall be made upon land adjacent to or under the Building, at its option, in its sole discretion, that Tenant, its employees, invitees, and visitors use certain numbered spaces or shall be authorized to be designated 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 and to support the same by Landlordproper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease. 18.5. This Article relates to repairs and maintenance arising in the ordinary course of operation of the 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, subject to the provisions of Article 9 of this Lease.

Appears in 1 contract

Samples: Lease (Affymetrix Inc)

Repairs and Maintenance. (a) 7.1. Landlord shall at its expense maintain only or cause to be maintained, the common areas of the Building such as lobbies, elevators, stairs and corridors, the roof, downspoutsfoundations, guttersparking lots, foundationdriveways, sidewalks, curbs, landscaping, lighting and exterior walls of the Building and the underground utility lines located and sewer pipes outside the exterior walls of the Building, if any, provided that to the extent any of such repairs is rendered necessary by the gross negligence or willful misconduct of Tenant, its agents, customers, employees, independent contractors, guests or invitees, Tenant shall be obligated to reimburse Landlord for all costs sustained by Landlord in connection with such repair as additional rent hereunder, which reimbursement shall be due no later than fifteen (15) days after Landlord's written demand. Subject to Landlord's right of access pursuant to Article 17, Tenant shall be exclusively responsible for the repairs and maintenance to the interior of the Premises and Landlord shall be under no obligation to inspect the structural soundness of the (b) Premises. Tenant shall at its own cost and expense keep and maintain all parts of the Premises (except those for promptly report in writing to Landlord any defective condition known to it which Landlord is expressly responsible under the terms of this Lease) in good condition, promptly making all necessary repairs and replacements, including, but not limited to, windows, glass and plate glass, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debrisrequired to repair. Tenant hereby waives the right to make repairs at Landlord's expense under any other law, statute or ordinance now or hereafter in effect except as otherwise provided in this Article 7. 1. If Landlord fails to perform any maintenance obligation required in this Article 7.1 Tenant shall notify Landlord in writing that such obligation exists. If within ten (10) business days of receipt of such notice Landlord has not commenced performance of said maintenance obligation, Tenant shall have the right to commence performance of such maintenance obligation. In doing so, Tenant may hire repairmen, purchase materials and generally perform any other act which would be obligated to repair any casualty covered by reasonably required of Landlord in making such repair. If the insurance repairs are deemed to be maintained necessary in Landlord's reasonable determination, as well as the responsibility of Landlord, all reasonable costs incurred by Tenant in effectuating such repairs shall be reimbursed by Landlord after Tenant has submitted to Landlord reasonable documentation evidencing the cost of the repair. If Landlord fails to reimburse Tenant within thirty (30) days of Tenant's submission to Landlord of reasonable documentation including the costs of such repair, then Tenant shall have all remedies at law and in equity. All expenses incurred by Landlord pursuant to subparagraph 10(A) below. To this Article 7 (to the extent deemed necessary by Landlord, Landlord shall make available to Tenant for its use in effecting repairs, any warranties with respect to components of the Building. (c) Tenant shall enter into a maintenance contract providing for the periodic maintenance of all hot water, heating and air conditioning systems and units in the Premises, and removal and replacement of filters, and shall enter into a janitorial contract providing for the daily cleaning of the Premises. These contracts shall be with parties and upon such terms and conditions as shall be reasonably approved by Landlord. Tenant shall provide Landlord a copy of such contracts within thirty days of the Commencement Date. (d) Tenant shall not damage any demising wall of the Building, or disturb the integrity and support provided by any demising wall and shall, at its sole cost and expense, promptly repair any damage or injury to any demising wall caused payable directly by Tenant or its employees, agents or inviteesas above provided) will be included within "Other Operating Costs" as defined in Article 9.1.1.2 below. (e) Tenant and its employees, customers and licensees shall have the non-exclusive right to use the parking areas as may be designated by Landlord in writing, subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking shall be available at the Building for the non-exclusive use of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent to the Building near the entrance to the Premises that shall be marked as spaces for visitors. Landlord shall not be responsible for enforcing Tenant's parking rights against any third parties. Landlord may require, at its option, in its sole discretion, that Tenant, its employees, invitees, and visitors use certain numbered spaces to be designated by Landlord.

Appears in 1 contract

Samples: Lease (Ace Comm Corp)

Repairs and Maintenance. (a) Landlord Lessor shall at its expense repair and maintain only in good order and serviceable condition the roofexterior and structural portions of the Leased Premises, downspouts, gutters, foundation, utility lines located outside the Premises common areas of the Building and the structural soundness basic electrical system, elevators, heating and air-conditioning equipment and plumbing serving the Leased Premises, provided that Lessor shall have no obligation to (i) repair damage caused by the intentional acts or negligence of theLessee, its employees, agents and contractors; (ii) repaint or redecorate the interior of the Leased Premises (except as specifically provided in other provisions hereof); or (iii) make repairs which are required to be made by Lessee pursuant to the provisions of Paragraph 8(b). (b) Tenant shall Lessee shall, at its own cost and expense keep expense, repair and maintain all parts (except for ordinary wear and tear) the nonstructural interior portions of the Premises (except those for which Landlord is expressly responsible under the terms Leased Premises, including interior doors, partitions, and floor coverings. Regardless of any other provisions of this Lease) in good condition, promptly making all necessary repairs Lessee shall, at its own cost and replacementsexpense, includingrepair or restore any damage or destruction to any portion of the Leased Premises or to the Building caused by the intentional acts or negligence of Lessee, but not limited toits employees, windowsagents, glass contractors and plate glasslicensees, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debris. Tenant shall not be obligated except to repair any casualty the extent such damage or destruction is covered by the fire and extended coverage insurance to be maintained obtained by Landlord pursuant to subparagraph 10(A) below. To the extent deemed necessary by Landlord, Landlord shall make available to Tenant for its use Lessor as provided in effecting repairs, any warranties with respect to components of the BuildingParagraph 10 hereof. (c) Tenant In the case of emergencies (as determined by Lessor or Lessee), or if Lessee refuses or neglects to commence repairs which it is obligated to make hereunder and complete the same with reasonable diligence, Lessor may make or cause such repairs to be made and shall enter into a maintenance contract providing not be responsible to Lessee for the periodic maintenance of all hot water, heating and air conditioning systems and units in the Premisesany loss or damage that may accrue to its property or business by reason thereof. If Lessor makes such repairs, and removal and replacement of filtersif the same are repairs which Lessee is obligated to make hereunder, and Lessee shall enter into a janitorial contract providing for pay Lessor, upon demand, the daily cleaning of cost thereof. If Lessee defaults in such payment, Lessor shall have the Premises. These contracts shall be with parties and upon such terms and conditions as shall be reasonably approved by Landlord. Tenant shall provide Landlord a copy of such contracts within thirty days of the Commencement Dateremedies provided in Paragraph 13. (d) Tenant In the case of emergencies (as determined by Lessor or Lessee), or if Lessor refused or neglects to commence repairs which it is obligated to make hereunder and complete the same with reasonable diligence, Lessee may make or cause such repairs to be made and shall not be responsible to Lessor for any loss or damage that may accrue to its property or business by reason thereof. If Lessee makes such repairs, and if the same are repairs which Lessor is obligated to make hereunder, Lessor shall pay to Lessee, upon demand, the cost thereof. If Lessor defaults in such payment, Lessee may deduct the cost from rents due or to become due, or make such other recovery as law may allow. (e) Lessee shall permit Lessor and its agents to enter into and upon the Leased Premises at all reasonable times for the purpose of inspecting the same, or for the purpose of making repairs, alterations or additions to the Leased Premises or any demising wall other portion of the Building, or disturb for the integrity and support provided by purpose of posting notices of nonresponsibility or for any demising wall and shallother reasonable purpose. If Lessor considers it necessary or desirable in connection with any such operations, at its sole cost and expenseLessor may erect scaffolding, promptly repair any damage props, obstructions or injury to any demising wall caused by Tenant other necessary devices in or its employees, agents about the Leased Premises or invitees. (e) Tenant and its employees, customers and licensees shall have the non-exclusive right to use the parking areas as may be designated by Landlord elsewhere in writing, subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking shall be available at the Building without incurring liability of any kind to Lessee on account thereof, except for the non-exclusive use intentional acts or sole negligence of Tenant at Lessor, or unless same constitutes a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent to the Building near the entrance to the Premises that shall be marked as spaces for visitors. Landlord shall not be responsible for enforcing Tenant's parking rights against any third parties. Landlord may require, at its option, in its sole discretion, that Tenant, its employees, invitees, and visitors use certain numbered spaces to be designated by Landlordconstructive eviction.

Appears in 1 contract

Samples: Sublease (Anchor Pacific Underwriters Inc)

Repairs and Maintenance. (a) Landlord shall at its expense maintain only the roofOWNER SHALL BE RESPONSIBLE FOR REPAIR AND MAINTENANCE OF THE FOUNDATION, downspoutsFLOORS (BENEATH THE CARPET OR OTHER FLOOR COVERING), guttersROOF, foundationTHE EXTERIOR WALLS (EXCLUDING ALL GLASS WINDOWS, utility lines located outside the Premises and the structural soundness of theWINDOW FRAMES AND DOORS) THE ELECTRICAL SERVICE TO THE WALL BOX (BEFORE ANY TENANT FINISH), THE PLUMBING TO THE WALL STUBS BUT USED IN CONNECTION WITH THE OPERATION OF THE PREMISES. (b) Tenant shall at its own cost and expense keep use, operate and maintain all parts of the Premises (except those for which Landlord is expressly responsible under and its systems including all fixtures and equipment, whether installed by Tenant or Owner, in such manner as to keep the terms of this Lease) same in good order and condition, promptly making all necessary repairs and replacementsreplacements necessary to maintain such good order and condition all at Tenant's expense, including, including but not limited to, windowsplumbing from the wall stubs, glass electrical service from the wall box, sewer, water and plate glassheating pipes from the exterior wall, doorsheating, any special office entry, interior walls, finish work, floors and floor covering, heating ventilation and air conditioning systems, dock boardsand all glass. The performance by Tenant of its obligations to maintain the Premises shall be conducted only by contractors approved in writing by Owner, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debris. it being understood that Tenant shall procure and maintain and shall cause contractors engaged by or on behalf of Tenant to procure and maintain insurance coverage against such risks and in such amounts as Owner may require, including but not be obligated limited to Workmen's Compensation Insurance (as required under the Workmen's Compensation Act of Colorado), issued by such companies as Owner may approve, in connection with such maintenance. If Tenant fails to make any repair any casualty covered by within fifteen (15) days after the insurance occurrence of the damage necessitating same, or fails to cause other maintenance to be maintained by Landlord pursuant to subparagraph 10(Aperformed within fifteen (15) below. To the extent deemed necessary by Landlord, Landlord shall make available to Tenant for its use in effecting repairs, any warranties with respect to components days after notice from Owner of the Buildingneed therefor, Owner at its option may make such repair, or cause such other maintenance to be performed, and tenant, shall on demand therefor, pay Owner for the cost thereof, with interest thereon at the Reimbursement Interest Rate from the due date until paid. At the Ending Date of Term or other termination of this Lease, Tenant shall deliver up the Premises including all Alterations (except as otherwise herein provided), in good repair and condition, reasonable wear and tear excepted, and shall deliver to Owner all keys to the Premises. (c) Tenant shall give Owner prompt written notice of any damage to or defects in, the Premises and in the plumbing, electrical, heating, air conditioning and other systems and apparatus located in the Premises. The obligation to repair such damages or defects shall be as stated in this paragraph 15. In no event shall Owner be obligated to repair any damage to the Premises or the Building caused by any act, omission or negligence of Tenant or Tenant Parties. Tenant shall reimburse Owner for all costs and expenses of repairing and replacing all damage to the Premises and Building and to fixtures and equipment caused by Tenant or Tenant Parties or as the result of all or any of them moving in or out of Building or by installation or removal of furniture, fixtures or other property. Such costs and expenses shall be paid by Tenant to Owner on demand, with interest thereon at the Reimbursement Interest Rate from the due date until paid. (d) Owner shall not be liable by reason of any injury to or interference with Xxxxxx's business arising from the making of any repairs or alterations in or to the Premises or the Building or to any appurtenances or equipment therein. There shall be no abatement of Rent because of such repairs or alterations, or because of any delay by Owner in making the same. (e) Owner may, at Owner's sole discretion, enter into a maintenance mechanical system inspection contract providing for with a reputable service company, and Tenant shall pay its pro rata share of the periodic maintenance costs of said service contract. Tenant shall pay its pro rata share of all hot watercosts of any replacements or repairs resulting from determinations made by the inspection service. Owner may at its sole discretion, require Tenant to enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor for servicing all heating and air conditioning systems and units in the Premises, and removal and replacement of filters, and shall enter into a janitorial contract providing for the daily cleaning of equipment within the Premises. These contracts The maintenance contractor must be approved by Owner. The service contract must include all services suggested by the equipment manufacturer within the operation/maintenance manual and must become effective within thirty (30) days of notification from Owner that said HVAC contract shall be with parties and upon such terms and conditions as shall be reasonably approved by LandlordTenant's responsibility. Tenant shall provide Landlord a A copy of such contracts said contract is to be delivered to Owner also within thirty days of said thirty-day period. All guarantees/warranties provided with the Commencement Date. (d) Tenant shall not damage any demising wall of the Building, or disturb the integrity heating and support provided by any demising wall and shall, at its sole cost and expense, promptly repair any damage or injury to any demising wall caused by Tenant or its employees, agents or invitees. (e) Tenant and its employees, customers and licensees shall have the non-exclusive right to use the parking areas as may air conditioning systems will be designated by Landlord in writing, subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking shall be available at the Building for the non-exclusive use of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included recognized within this ratio shall be seven parking spaces located adjacent to the Building near the entrance to the Premises that shall be marked as spaces for visitors. Landlord shall not be responsible for enforcing Tenant's parking rights against any third parties. Landlord may require, at its option, in its sole discretion, that Tenant, its employees, invitees, and visitors use certain numbered spaces to be designated by Landlordprogram.

Appears in 1 contract

Samples: Lease Agreement (Gametech International Inc)

Repairs and Maintenance. (a) Landlord shall at its expense maintain only the roof, downspouts, gutters, foundation, utility lines located outside the Premises and the structural soundness of the (b) Tenant shall at its own cost and expense keep and maintain all parts the Common Areas of the Premises (except those for which Landlord is expressly responsible under the terms of this Lease) Building clean and in good conditionworking order and shall maintain the Building and Property in first-class condition at all times during the Term. Landlord shall further make, promptly making or cause to be made, all necessary repairs to the structure and replacements, including, but not limited to, windows, glass and plate glass, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debris. Tenant shall not be obligated to repair any casualty covered by the insurance to be maintained by Landlord pursuant to subparagraph 10(A) below. To the extent deemed necessary by Landlord, Landlord shall make available to Tenant for its use in effecting repairs, any warranties with respect to components of the Building. (c) Tenant shall enter into a maintenance contract providing for the periodic maintenance of all hot water, heating and air conditioning systems and units in the Premises, and removal and replacement of filters, and shall enter into a janitorial contract providing for the daily cleaning of the Premises. These contracts shall be with parties and upon such terms and conditions as shall be reasonably approved by Landlord. Tenant shall provide Landlord a copy of such contracts within thirty days of the Commencement Date. (d) Tenant shall not damage any demising wall exterior of the Building, or disturb as well as to the integrity mechanical, HVAC, electrical and support provided by plumbing systems servicing Building (including, without limitation, all portions of such systems as are located within and/or exclusively serve the Demised Premises). Landlord shall also keep and maintain in good and tenantable condition and repair and replace, as necessary, (i) the roof, roof drainage systems, exterior walls, foundations, floor (except floor coverings), (ii) all structural components of the Demised Premises and the Building, (iii) all windows within, and/or comprising, the exterior walls of the Demised Premises and/or within, and/or comprising, the walls separating the Demised Premises from any demising wall Common Areas and (iv) all doors providing access to the Demised Premises from any Common Areas. Landlord shall, at its sole cost and expenseexpense (and not to be included in Operating Expenses), promptly repair further make or cause to be made any damage other repairs and changes required to the Demised Premises and said Building by reason of any breach by Landlord of any provision of this Lease or injury to any demising wall caused by Tenant reason of the negligence or fault of Landlord or its employeesservants, agents or invitees. (e) employees. Landlord shall maintain and repair all sewer facilities and other utility facilities outside the Demised Premises servicing the Demised Premises. Landlord shall cause all repairs and changes to be made without unreasonable interference with the operation of the Building or the business of Tenant or any subtenant or licensee of Tenant. When used herein, the term “repair” shall be deemed to include restoration and its employees, customers and licensees shall have the non-exclusive right to use the parking areas replacement as may be designated by Landlord in writing, subject necessary to reasonable rules achieve or maintain good working order. The cost of the foregoing maintenance and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking repairs shall be available at the Building for the non-exclusive use of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent included in Operating Expenses, except to the Building near extent expressly excluded therefrom pursuant to any provision of this Lease (including, without limitation, the entrance to provisions of this Section and of Section 7). Notwithstanding the Premises that shall be marked as spaces for visitors. Landlord shall not be responsible for enforcing Tenant's parking rights against any third parties. Landlord may requireforegoing, at its option, in its sole discretion, that all repairs made necessary by the negligent acts or willful misconduct of Tenant, its agents, employees or invitees or by reason of damage caused by Tenant, its agents, employees or contractors, to the Demised Premises or other portions of the Building in connection with Tenant’s, its agents’, employees’ or contractors’ construction of any alterations, invitees, shall be made at the sole cost and visitors use certain numbered spaces to expense of Tenant. The provisions of this Section shall not apply in the case of damage or destruction by fire or other casualty or in the case of any taking; the obligations of the parties in such cases shall be designated by Landlordas provided in other Sections of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Lenox Group Inc)

Repairs and Maintenance. (a) Landlord shall Lessee shall, at its expense Lessee's sole cost and expense, keep and maintain only the roof, downspouts, gutters, foundation, utility lines located outside the Premises and the structural soundness adjacent Park in good, clean and safe condition and repair to the satisfaction of the (b) Tenant shall at its own cost and expense keep and maintain all parts of the Premises (except those for which Landlord is expressly responsible under the terms of this Lease) in good condition, promptly making all necessary repairs and replacements, Lessor including, but not limited to, windowsrepairing any damage caused by Lessee or its employees, glass representatives, agents, invitees, licensees or contractors. Without limiting the generality of the foregoing, Lessee shall be solely responsible for maintaining, repairing and plate glassreplacing all interior plumbing and mechanical systems, doorsheating, any special office entry, interior walls, finish work, floors and floor covering, heating ventilation and air conditioning systems, dock boardsinterior electrical wiring and equipment, truck doorsinterior lighting, dock bumpersall interior glass, plumbing work interior window easements, partitions, tenant signage, interior doors and fixtures door closers, fixtures, equipment, interior painting, and regular interior walls and floors of the Premises. Lessee's obligation to keep, maintain, preserve and repair the Premises and the adjacent Park shall specifically extend to the cleanup and removal of trash any and debrisall Hazardous Materials (hereafter defined) occurring in, on or about the Premises. Tenant shall not be obligated Subject to repair any casualty covered the provisions of Paragraphs 6 and 9 of this Lease and except for repairs rendered necessary by the insurance active or passive negligent acts or omissions of Lessee, its agents, customers, employees and invitees, Lessor agrees, at Lessor's expense, subject to be maintained by Landlord reimbursement pursuant to subparagraph 10(A) below. To Paragraph 6 above, to keep in good repair the extent deemed necessary by Landlordplumbing and mechanical systems exterior to the Premises, Landlord shall make available to Tenant for its use in effecting repairsroof membranes, any warranties with respect to components signage (exclusive of tenant signage), exterior electrical wiring and equipment, exterior lighting, all exterior glass, exterior doors and entrances, exterior window easements, exterior doors and door closers, exterior painting, and underground utility and sewer pipes outside the exterior walls of the Building. (c) Tenant shall enter into a maintenance contract providing for . Lessor reserves the periodic maintenance of all hot waterright, heating but without the obligation, to procure and maintain the heating, ventilation and air conditioning systems maintenance contract and units in the Premisesif Lessor so elects, and removal and replacement of filters, and shall enter into a janitorial contract providing Lessee will reimburse Lessor for the daily cleaning cost thereof in accordance with the provisions of Paragraph 6 above. Except for repairs rendered necessary by the Premises. These contracts shall be with parties active or passive negligent acts or omissions of Lessee, its agents, customers, employees and upon such terms and conditions as shall be reasonably approved by Landlord. Tenant shall provide Landlord a copy of such contracts within thirty days of the Commencement Date. (d) Tenant shall not damage any demising wall of the Buildinginvitees, or disturb the integrity and support provided by any demising wall and shallLessor agrees, at its Lessor's sole cost and expense, promptly to keep in good repair any damage or injury to any demising wall caused by Tenant or its employeesthe structural portions of the floors, agents or invitees. foundations, exterior walls (eexclusive of glass and exterior doors), and the structural portions of the roof (excluding the roof membrane) Tenant of the Building. Except for normal maintenance and its employeesrepair of the items outlined above, customers and licensees Lessee shall have the non-exclusive no right of access to or right to use install any device on the parking areas as may be designated by Landlord in writing, subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights roof of ingress and egress of other tenants. Parking shall be available at the Building for nor make any penetrations of the non-exclusive use roof of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent to the Building near without the entrance to the Premises that shall be marked as spaces for visitorsexpress prior written consent of Lessor. Landlord shall not be responsible for enforcing Tenant's parking rights against any third parties. Landlord may require, at its option, in its sole discretion, that Tenant, its employees, invitees, and visitors use certain numbered spaces to be designated by Landlord.If Lessee refuses or neglects to

Appears in 1 contract

Samples: Lease Agreement (Bikers Dream Inc)

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Repairs and Maintenance. (a) Landlord shall at its expense maintain only the roof, downspouts, gutters, foundation, utility lines located outside the Premises and the structural soundness of the Except as specifically otherwise provided in Paragraphs (b) Tenant shall at its own cost and expense keep and maintain all parts of the Premises (except those for which Landlord is expressly responsible under the terms of this Lease) in good condition, promptly making all necessary repairs and replacements, including, but not limited to, windows, glass and plate glass, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debris. Tenant shall not be obligated to repair any casualty covered by the insurance to be maintained by Landlord pursuant to subparagraph 10(A) below. To the extent deemed necessary by Landlord, Landlord shall make available to Tenant for its use in effecting repairs, any warranties with respect to components of the Building. (c) Tenant shall enter into a maintenance contract providing for the periodic maintenance of all hot waterthis Article, heating and air conditioning systems and units in the Premises, and removal and replacement of filters, and shall enter into a janitorial contract providing for the daily cleaning of the Premises. These contracts shall be with parties and upon such terms and conditions as shall be reasonably approved by Landlord. Tenant shall provide Landlord a copy of such contracts within thirty days of the Commencement Date. (d) Tenant shall not damage any demising wall of the Building, or disturb the integrity and support provided by any demising wall and shallTenant, at its sole cost and expenseexpense and throughout the Term of this Lease, shall keep and maintain the Premises in good order and condition, free of accumulation of dirt and rubbish, and shall promptly repair make all non-structural repairs necessary to keep and maintain such good order and condition. Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make such repairs to the Premises within a reasonable time of notice to Landlord and shall charge Tenant for such services at Landlord’s standard rate (such rate to be competitive with the market rate for such services). Tenant shall not use or permit the use of any damage or injury portion of the Premises for outdoor storage. When used in this Article 14, the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. Landlord shall maintain all HVAC systems serving the Building and the Premises. Tenant’s allocated share of Landlord’s cost for HVAC service, maintenance and repairs shall be included as a portion of Recognized Expenses. (b) Landlord, throughout the Term of this Lease and at Landlord’s sole cost and expenses, shall make all necessary repairs to the footings and foundations and the structural steel columns and girders forming a part of the Premises and the HVAC, plumbing and electric systems serving the Premises. (c) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside of the Premises and the common areas, including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any demising wall caused driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair. Tenant shall pay its Allocated Share of the cost of all repairs to be performed by Landlord pursuant to this Paragraph 14(c) as Additional Rent as provided, in Article 6 hereof. (d) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. Tenant or shall pay its employees, agents or inviteesAllocated Share of the cost of all work to be performed by Landlord pursuant to this Paragraph (d) as Additional Rent as provided in Article 6 hereof. (e) Tenant Notwithstanding anything herein to the contrary, repairs to the Premises, Building or Project and its employeesappurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, customers and licensees shall have the non-exclusive right to use the parking areas as may be designated by Landlord in writingagent, subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights contractor, or invitee of ingress and egress of other tenants. Parking Tenant shall be available made at the Building sole cost and expense of Tenant. (f) Landlord shall provide Tenant with janitorial services for the non-exclusive use Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and the Tenant at a ratio shall pay its Allocated Share of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent to the Building near the entrance to the Premises that shall be marked cost thereof as spaces for visitors. Additional Rent as provided in Article 6 hereof. (g) Landlord shall not be responsible for enforcing Tenant's parking rights against provide Tenant with a one year warranty on any third partiesdefects in workmanship and materials from defects. Landlord may require, at its option, The warranty shall become effective the Lease Commencement date in its sole discretion, that Tenant, its employees, invitees, Exhibit B and visitors use certain numbered spaces to be designated by Landlordexpire one year thereafter.

Appears in 1 contract

Samples: Lease (Ameriquest, Inc.)

Repairs and Maintenance. (a) Landlord Manager shall at its maintain, or cause to be maintained, the buildings, appurtenances and grounds of the Property, other than areas which are the responsibility of tenants, in accordance with the standards for first-class apartment properties and in accordance with standards acceptable to Owner. Such maintenance shall include, without limitation, all ordinary and extraordinary repairs, cleaning, painting, decorations and alterations including electrical, plumbing, carpentry, masonry, elevators and such other routine repairs as are necessary or reasonably appropriate in the course of maintenance of the Property (subject to the limitations of this Agreement). The expense maintain only incurred for such maintenance, alteration or repair must be (i) an ordinary and usual expense provided for in the roofApproved Budget (as defined in Section 4.1) and which does not exceed the limitation set forth in the Approved Budget , downspoutsor (ii) an expense which is incurred under such circumstances as Manager shall reasonably deem to be an emergency. (iii) ordinary and unusual expenses exceeding the Budget, gutters, foundation, utility lines located outside the Premises and the structural soundness of thebut approved by Owner. (b) Tenant If an emergency occurs, Manager shall at its own cost make all repairs or take all action immediately necessary to preserve the Property, avoid suspension of any essential services to the Property, and expense keep and maintain all parts avoid danger to persons or property. Manager promptly, but in no event later than twenty-four (24) hours from the time Manager learns of such emergency, shall notify Owner by telephone of any such emergency. Immediately thereafter, Manager shall send Owner a written notice setting forth the nature of the Premises (except those for which Landlord is expressly responsible under emergency and any action taken in connection with the terms of this Lease) in good conditionemergency. Except as set forth above with regard to emergencies, promptly making all necessary repairs and replacements, including, but not limited to, windows, glass and plate glass, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debris. Tenant Manager shall not be obligated to repair any casualty covered by the insurance to be maintained by Landlord pursuant to subparagraph 10(A) below. To the extent deemed necessary by Landlord, Landlord shall make available to Tenant for its use in effecting repairs, any warranties with respect to components of the Buildingextraordinary or unusual expenses without Owner's prior consent. (c) Tenant Manager shall enter into a maintenance contract providing use all due diligence to require each tenant to comply with its obligations to maintain its respective leased premises pursuant to its lease. Manager shall pay actual and reasonable expenses for materials and labor for such purposes from the periodic maintenance of all hot water, heating and air conditioning systems and units in the Premises, and removal and replacement of filters, and shall enter into a janitorial contract providing for the daily cleaning of the Premises. These contracts shall be with parties and upon such terms and conditions as shall be reasonably approved by Landlord. Tenant shall provide Landlord a copy of such contracts within thirty days of the Commencement DateOperating Account. (d) Tenant shall not damage any demising wall of the BuildingAll expenditures to refurbish, rehabilitate, remodel, or disturb the integrity otherwise prepare areas covered by new leases shall require Owner's prior consent if they exceed $1,000 and support shall be paid as Owner may direct from funds provided by any demising wall and shall, at its sole cost and expense, promptly repair any damage Owner or injury from the Operating Account subject to any demising wall caused by Tenant or its employees, agents or inviteesthe restriction set forth in Section 2.3. (e) Tenant Manager shall take all reasonable precautions against fire, vandalism, burglary and its employees, customers and licensees shall have the non-exclusive right to use the parking areas as may be designated by Landlord in writing, subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking shall be available at the Building for the non-exclusive use of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent trespass to the Building near the entrance to the Premises that shall be marked as spaces for visitors. Landlord shall not be responsible for enforcing Tenant's parking rights against any third parties. Landlord may require, at its option, in its sole discretion, that Tenant, its employees, invitees, and visitors use certain numbered spaces to be designated by LandlordProperty.

Appears in 1 contract

Samples: Management and Leasing Agreement (Usf&g Legg Mason Realty Partners Limited Partnership)

Repairs and Maintenance. (a) Except for the work to be performed by Landlord in accordance with Exhibit B hereto ("Landlord's work"), the premises hereby leased are leased to Tenant "as is". Except for Landlord's Work and as otherwise set forth in this Section 11, Landlord shall be under no liability, nor have any obligation to do any work or make any repairs in or to the premises, and any work which may be necessary to outfit the premises for Tenant's occupancy or for the operation of Tenant's business therein is the sole responsibility of Tenant and shall be performed by Tenant at its expense maintain only own cost and expense. Tenant acknowledges that it has fully inspected the roofpremises prior to the execution of this Lease, downspoutsand Tenant further acknowledges that Landlord has made no warranties or representations with respect to the condition or state of repairs of the premises, gutters, foundation, utility lines located outside the Premises and the structural soundness of theexcept for warranties provided by Landlord in Exhibit B. (b) Tenant will, during the term of this Lease, keep the premises (including windows, doors, plumbing, heating and electrical facilities and installations exclusively serving the premises) in good order and repair and will make all necessary repairs thereof at its own expense. Landlord will, during the term of this Lease, keep, maintain and make all necessary repairs (except painting) to the exterior masonry walls and roof of the premises, the roof membrane, flashings and downspouts, all load-bearing walls (including load- bearing demising walls), all utility systems not serving the premises exclusively and all common areas of the project, at Landlord's sole cost and expense, after being notified in writing by Tenant of the need for such repairs, and shall have a reasonable time in which to complete such repairs. Tenant agrees to carry a maintenance and/or service agreement or policy on the HVAC system in the demised premises. This agreement or policy shall be carried throughout the term of this Lease and any renewals or extensions thereof. Tenant shall provide Landlord with a copy of such policy or a certificate evidencing such coverage. In the event that the repairs required to be made by Landlord are necessitated as a result of negligence or misuse by Tenant, its agents, servants, employees, licensees or guests, or by any contractor engaged by or on behalf of Tenant, such repairs shall be made by and be paid for by Tenant. Tenant agrees to pay, as additional rent, Tenant's pro rata share of snow and ice removal expense, based upon the size of the premises in proportion to the total square footage of the building in which the premises are located. Tenant will, at the expiration of the term or at the sooner termination thereof by forfeiture or otherwise, deliver up the premises in the same good order and condition as they were at the beginning of the tenancy, reasonable wear and tear and damage from casualty or condemnation excepted. Tenant further agrees that it will maintain the premises at its own expense in a clean, orderly and sanitary condition, free of insects, rodents, vermin, and other pests; and that it will not permit undue accumulation of garbage, trash, rubbish or other refuse, but will remove the same at its own expense and will keep such refuse in proper containers within the interior of the premises until called for to be removed other than one (1) exterior trash container which Tenant may maintain in a location mutually acceptable to Landlord and Tenant. Tenant further agrees that it will not install any additional electrical wiring, other than minor circuitry/wiring for Tenant's equipment used at the premises, or plumbing unless it has first obtained Landlord's written consent thereto, and, if such consent is given, Tenant will install the same at its own cost and expense keep expense, and maintain all parts of the Premises (except those for which Landlord is expressly responsible under the terms of this Lease) in good condition, promptly making all necessary repairs and replacements, including, but not limited to, windows, glass and plate glass, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debris. Tenant shall not be obligated to repair any casualty covered by the insurance to be maintained by Landlord pursuant to subparagraph 10(A) below. To the extent deemed necessary by Landlordobtain, Landlord shall make available to Tenant at Tenant's expense, all permits required for its use in effecting repairs, any warranties with respect to components of the Buildingsuch installation. (c) In the event Tenant shall enter into a maintenance contract providing for the periodic maintenance of all hot water, heating not proceed promptly and air conditioning systems diligently to make any repairs or perform any obligation imposed upon it by subparagraphs (a) and units (b) hereof within thirty (30) days after receiving written notice from Landlord to make such repairs or perform such obligation (provided that in the Premisesevent of an emergency, the time for cure by Tenant shall be reduced commensurate with the emergency), then and in such event, Landlord may, at its option, enter the premises and do and perform the things specified in said notice, without liability on the part of Landlord for any loss or damage resulting from any such action by Landlord, and removal and replacement of filters, and shall enter into a janitorial contract providing for the daily cleaning of the Premises. These contracts shall be with parties and Tenant agrees to pay promptly upon demand any actual out-of-pocket cost or expense incurred by Landlord in taking such terms and conditions as shall be reasonably approved by Landlord. Tenant shall provide Landlord a copy of such contracts within thirty days of the Commencement Dateaction. (d) Tenant shall not damage If (i) Landlord fails to commence the on-site physical performance of any demising wall item of repair or maintenance required to be performed by Landlord under this Lease, fails to correct any defect or deficiency that is subject to any warranty of Landlord under this lease, or fails to restore any utilities serving the premises that are interrupted as a result of the Building, willful act 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 Tenant negligence of Landlord or its employeesagents, agents employees or invitees. contractors, (eii) such failure exceeds thirty (30) days after written notice from Tenant to Landlord setting forth the need for same (provided that in the event of an emergency, the time for Landlord's performance in accordance with clause (i) shall be reduced commensurate with the emergency), and (iii) the need for such repair or maintenance materially affects Tenant's use or enjoyment of the premises or access to or parking for the premises, then Tenant may (as its employees, customers and licensees shall have the non-exclusive right to use the parking areas as may be designated by Landlord in writingremedy), subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking shall be available at the Building for the non-exclusive use of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent to the Building near the entrance to the Premises that shall be marked as spaces for visitors. Landlord but shall not be responsible obligated to, perform such item of repair or maintenance, in which event Landlord shall reimburse Tenant for enforcing Tenant's parking rights against any third parties. actual out-of-pocket costs and expenses within thirty (30) days following receipt by Landlord may requireof an itemized list of such costs and expenses, at its option, in its sole discretion, that Tenant, its employees, invitees, and visitors use certain numbered spaces to be designated by Landlordtogether with copies of paid bills or receipts.

Appears in 1 contract

Samples: Lease Agreement (Neogen Corp)

Repairs and Maintenance. (a) Landlord shall at its expense maintain only the roof, downspouts, gutters, foundation, utility lines located outside the Premises and the structural soundness of the (b) Tenant shall at its own cost and expense keep and maintain all parts of the Premises (except those for which Landlord is expressly responsible under the terms of this Lease) in good condition, promptly making all necessary repairs and replacements, including, but not limited to, windows, glass and plate glass, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debris9.1. Tenant shall not be obligated to repair any casualty covered by the insurance to be maintained by Landlord pursuant to subparagraph 10(A) below. To the extent deemed necessary by Landlord, Landlord shall make available to Tenant for its use in effecting repairs, any warranties with respect to components of the Building. (c) Tenant shall enter into a maintenance contract providing for the periodic maintenance of all hot water, heating and air conditioning systems and units in the Premises, and removal and replacement of filters, and shall enter into a janitorial contract providing for the daily cleaning of the Premises. These contracts shall be with parties and upon such terms and conditions as shall be reasonably approved by Landlord. Tenant shall provide Landlord a copy of such contracts within thirty days of the Commencement Date. (d) Tenant shall not damage any demising wall of the Building, or disturb the integrity and support provided by any demising wall and shallLessor, at its Lessor’s sole cost and expense, shall repair, maintain and keep in good condition, in accordance with the standards of comparable first-class office space in the Greater Danbury area, all structural elements and the roof of the Building. Lessee shall promptly notify Lessor of any defective condition of the structure or roof of the Building of which Lessee is aware. Following such notice, Lessor shall remedy the condition with diligence and in a workmanlike manner which minimizes any disturbance to the conduct of Lessee’s business and/or the business of any permitted assignee or subtenant of Lessee. In addition, Lessor hereby warrants the building systems installed pursuant to Lessor’s Work and the building systems in the Existing Building (including, without limitation, the HVAC system) for a period of one (1) year from the Rent Commencement Date, and shall be responsible for all repair any damage or injury and maintenance of the same (to any demising wall caused by Tenant or its employeesthe extent required) during such warranty period, agents or inviteesand Lessor shall be responsible for balancing the new HVAC system with the existing system within the Existing Building. 9.2. Subject to the obligations of Lessor pursuant to Section 9.1 above, on and after the Rent Commencement Date, Lessee, at Lessee’s sole cost and expense, shall repair and maintain in good condition, in accordance with the standards of comparable first-class office space in the Greater Danbury area, the Building and the Building’s systems and equipment therein including (ebut not limited to) Tenant repair and its employeesmaintenance of all elevators, customers HVAC systems, boilers, mechanical systems, electrical systems, sprinklers, security systems, plumbing systems and licensees shall have associated equipment within the non-exclusive right Building. Notwithstanding the foregoing, the cost of all Capital Expenses necessary to use the parking areas as may be designated by Landlord in writing, subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking comply with Lessee’s obligations under this Section 9.2 shall be available allocated between Lessor and Lessee in the same manner as provided in Section 3.2 above. 9.3. Lessee shall at all times keep the Building for the non-exclusive use of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent hallways and entrances to the Building near free and clear of debris, and shall also provide for interior janitorial service (including carpet maintenance), interior painting (and re-painting, where necessary), replacement of lighting ballasts and bulbs, and interior and exterior window cleaning. Lessor shall assign to Lessee or make available for Lessee’s benefit, all warranties, guaranties and service contracts with respect to the entrance Building or any part thereof. 9.4. Lessee shall, at Lessee’s sole cost and expense, repair and maintain, in a manner consistent with comparable Class A office buildings, the parking area, access roads, sidewalks, lawns and planting areas at the Premises, which maintenance shall include, as necessary, desirable or appropriate the mowing, landscaping, plowing, sanding and sweeping thereof. With respect to the access roads that do not form a part of the Premises but are within the Park, Lessor shall maintain the same in a manner consistent with that of comparable business parks, including sanding and plowing, and Lessee shall pay Lessee’s pro rata share of the cost thereof to Lessor, as shall be reasonably determined by Lessor. 9.5. Lessee shall not permit, allow or cause any act or deed to be performed or any practice to be adopted or followed on the Premises and/or within the Building which shall cause or be likely to cause injury or damage to any person or to the Premises that or to any part thereof. Lessee at all times shall keep the Premises and the Building in a neat and orderly condition and clean and free from rubbish, dirt and other miscellaneous items. Lessee shall make provision for adequate refuse containers to be marked as spaces for visitors. Landlord shall not be responsible for enforcing Tenant's parking rights against any third parties. Landlord may require, at its option, placed upon the Premises in its sole discretion, that Tenant, its employees, invitees, and visitors use certain numbered spaces areas to be designated by LandlordLessor and shall cause the same to be emptied periodically. Lessee shall deposit all refuse in such containers and shall keep the area around such containers reasonably neat and attractive.

Appears in 1 contract

Samples: Lease Agreement (Realogy Corp)

Repairs and Maintenance. (a) Landlord shall at its expense maintain maintain, repair and replace only the plumbing work (other than repairs due to the negligence of the Tenant), roof, downspouts, gutters, foundation, utility lines located outside the Premises and the structural soundness of thethe exterior walls of the Building, the common areas of the Building, the parking lot and other portions of the Land in good repair, reasonable wear and tear excepted. Tenant shall repair, replace and pay for, any damage to the foregoing caused by the negligence of Tenant or Tenant’s employees, agents or invitees, or caused by Tenant’s default hereunder. The term “walls” as used herein shall not include windows, glass or plate glass, doors, special store fronts or office entries. Tenant shall immediately give Landlord written notice of defect or need for repairs, after which Landlord shall have reasonable opportunity to repair same or cure such defect. (b) Tenant shall at its own cost and expense keep maintain, repair and maintain replace all parts of the Premises (except those for which Landlord is expressly responsible under the terms of this Lease) in good condition, promptly making all necessary repairs and replacements, including, but not limited to, windows, glass and plate glass, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debris. Tenant shall not be obligated , and plumbing work repairs due to repair any casualty covered by the insurance to be maintained by Landlord pursuant to subparagraph 10(A) below. To the extent deemed necessary by Landlord, Landlord shall make available to Tenant for its use in effecting repairs, any warranties with respect to components negligence of the BuildingTenant. (c) If either party hereto shall fail to fulfill its obligations under this paragraph, the other party hereto may enter upon the area of the Building or the Premises as required to conduct the obligations of the defaulting party, and shall be entitled to reimbursement from the defaulting party for its actual costs and expenses in conducting such obligations. The defaulting party shall reimburse the other party hereto for its actual costs and expense promptly upon demand made by the other party hereto. The provisions of this subparagraph shall not be interpreted to obligate either party hereto to conduct obligations of the other party hereto. (d) Tenant shall enter into a maintenance contract providing for the periodic maintenance of maintain all hot water, heating and air conditioning systems and units in the Premises, and including the removal and replacement of filters, and . Tenant shall enter into a janitorial contract providing provide for the daily reasonable cleaning of the PremisesPremises and the removal of all trash and debris. These If such services are performed by third parties, contracts for such services shall be with parties and upon such terms and conditions as shall be reasonably approved by Landlord. Tenant shall provide Landlord a copy of such contracts within thirty five days of the Commencement Dateexecution of this Lease. (de) Tenant shall not damage any demising wall of the Building, or disturb the integrity and support provided by any demising wall and shall, at its sole cost and expense, promptly repair any damage or injury to any demising wall caused by Tenant or its employees, agents or invitees. (ef) In the event the Premises constitute a portion of a multiple occupancy building, Tenant and its employees, customers and licensees shall have the non-exclusive right to use the parking areas as may be designated by Landlord in writing, subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking shall be available at the Building Premises for the non-exclusive nonexclusive use of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent to the Building near the entrance to the Premises that shall be marked as spaces for visitorsTenant. Landlord shall not be responsible provide reasonable assistance to the Tenant for enforcing Tenant's ’s parking rights against any third parties. Landlord may require, at its option, in its sole discretion, that Tenant, its employees, invitees, and visitors use certain numbered spaces to be designated by Landlord.

Appears in 1 contract

Samples: Lease Agreement (Lionbridge Technologies Inc /De/)

Repairs and Maintenance. (a) The provisions of Sections 18.1 and 18.2 of the Existing Lease shall apply solely to the Bent Premises. With respect to the Binney Premises, Landlord’s and Tenant’s repair obligations shall be as follows: 12.1. Landlord shall at its expense repair and maintain only the roofstructural and exterior portions of the Binney Building, downspoutsincluding roofing and covering materials; foundations (excluding any architectural slabs, gutters, foundation, utility lines located outside but including any structural slabs); exterior walls; all common areas; plumbing; fire sprinkler systems (if any); base Building HVAC systems up to the first damper or isolation valve that serves the Premises and the structural soundness of the (b) Tenant shall at its own cost and expense keep and maintain all parts of extends into the Premises (except those for which Landlord is expressly responsible under purposes of clarity, the terms of this Lease) in good condition, promptly making all necessary repairs and replacements, including, but not limited to, windows, glass and plate glass, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debris. Tenant shall not be obligated to repair any casualty covered by the insurance to be maintained by Landlord pursuant to subparagraph 10(A) below. To the extent deemed necessary by Landlord, Landlord shall make available to Tenant for its use in effecting repairs, any warranties with respect to components portion of the Building. (c) Tenant shall enter HVAC system that includes such first damper or isolation valve and extends into a maintenance contract providing for the periodic maintenance of all hot water, heating and air conditioning systems and units in through the Premises, and removal any supplemental HVAC serving the Premises shall not be part of the base Building HVAC and replacement shall be Tenant’s obligation to maintain and repair pursuant to Section 12.2 below); elevators; and base Building electrical systems installed or furnished by Landlord. 12.2. Except for services of filtersLandlord, if any, required by Section 12.1 hereof, Tenant shall at Tenant’s sole cost and expense (a) be responsible for access (but this reference shall not make Tenant responsible for the Common Areas) and security to the Binney Premises utilizing a card system compatible with the base building system at the Binney Building, and shall enter into a janitorial contract providing for (b) maintain and keep the daily cleaning Binney Premises (including but not limited to the portion of the HVAC system that includes the first damper or isolation valve and extends into and through the Binney Premises. These contracts shall be with parties , any supplemental HVAC serving the Binney Premises, and upon such terms any other systems or equipment exclusively serving the Binney Premises) and conditions as shall be every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted, and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably approved by Landlordrequests. Tenant shall provide Landlord a copy of such contracts within thirty days shall, upon the expiration or sooner termination of the Commencement Date. (d) Tenant shall not Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear, damage any demising wall resulting from casualty or eminent domain, and damage resulting from the negligence or willful misconduct of the BuildingLandlord, its agents, contractors, or disturb employees or from the integrity and support provided by any demising wall failure of Landlord to perform its obligations under the Lease in each case excepted; and shall, at its Landlord’s request and Tenant’s sole cost and expense, promptly remove all telephone and data systems, wiring and equipment from the Binney Premises, and repair any damage or injury to any demising wall caused by Tenant or its employees, agents or invitees. (e) Tenant and its employees, customers and licensees shall have the non-exclusive right to use the parking areas as may be designated by Landlord in writing, subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking shall be available at the Building for the non-exclusive use of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent to the Building near the entrance to the Premises that shall be marked as spaces for visitorscaused thereby. Landlord shall not be responsible for enforcing Tenant's parking rights against have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any third parties. Landlord may require, at its option, in its sole discretion, that Tenant, its employees, invitees, and visitors use certain numbered spaces to be designated by Landlordpart thereof.

Appears in 1 contract

Samples: Lease (Momenta Pharmaceuticals Inc)

Repairs and Maintenance. (a) 18.1 Landlord shall at its expense repair, replace and maintain only the roofstructural and exterior portions of the Building and Project, downspoutsincluding foundations, guttersexterior walls, foundationload bearing walls, utility lines located outside the Premises windows, plate glass, and roofing, and the structural soundness mechanical, electrical, plumbing, fire sprinkler, and elevator systems of the (b) the Project, subject to reimbursement by Tenant as its Pro Rata Share of Operating Expenses to the extent provided by Section 7.1. However, if such maintenance or repairs are required because of any act, neglect, fault of or omissions of any duty by Tenant, its agents, servants, employees or invitees, Tenant shall at its own pay to Landlord the entire cost of such maintenance and expense keep repairs attributable to Tenant's act, neglect, fault or omission, unless such maintenance and maintain all parts of repairs are covered by insurance carried by Landlord. 18.2 Except as otherwise set forth in Section 18.1, Tenant shall, throughout the Premises (except those for which Landlord is expressly responsible under the terms term of this Lease) in good condition, promptly making all necessary repairs and replacements, including, but not limited to, windows, glass and plate glass, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debris. Tenant shall not be obligated to repair any casualty covered by the insurance to be maintained by Landlord pursuant to subparagraph 10(A) below. To the extent deemed necessary by Landlord, Landlord shall make available to Tenant for its use in effecting repairs, any warranties with respect to components of the Building. (c) Tenant shall enter into a maintenance contract providing for the periodic maintenance of all hot water, heating and air conditioning systems and units in the Premises, and removal and replacement of filters, and shall enter into a janitorial contract providing for the daily cleaning of the Premises. These contracts shall be with parties and upon such terms and conditions as shall be reasonably approved by Landlord. Tenant shall provide Landlord a copy of such contracts within thirty days of the Commencement Date. (d) Tenant shall not damage any demising wall of the Building, or disturb the integrity and support provided by any demising wall and shall, at its Tenant's sole cost and expense, promptly repair keep the Premises and every part thereof in good condition and repair. Tenant shall upon the expiration or earlier termination of the term hereof surrender the Premises to Landlord in substantially the same condition as when received, ordinary wear and tear and damage from casualty and causes beyond the reasonable control of Tenant excepted. 18.3 Tenant hereby waives Civil Code Sections 1941 and 1942 relating to a landlord's duty to maintain the Premises in a tenantable condition, and the under said sections or under any law, statute or ordinance now or hereafter in effect to make repairs at Landlord's expense. 18.4 There shall be no abatement of Rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Premises, or in or to improvements, fixtures, equipment and personal property therein, unless such injury or interference is unreasonable or is the result of Landlord's grossly negligent or willful act or omission. If repairs or replacements become necessary which by the terms of this Lease are the responsibility of Tenant and Tenant fails to make the repairs or replacements, after notice from Landlord and opportunity for Tenant to make such repairs or replacements, Landlord may do so pursuant to the provisions of Section 24.3. 18.5 Notwithstanding any of the foregoing, in the event of a fire, earthquake, flood, war or other similar cause of damage or injury to any demising wall caused by Tenant or its employeesdestruction, agents or invitees. (e) Tenant and its employees, customers and licensees shall have the non-exclusive right to use the parking areas as may be designated by Landlord in writing, subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking shall be available at the Building for the non-exclusive use of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent to the Building near the entrance to the Premises that shall be marked as spaces for visitors. Landlord Article shall not be responsible for enforcing Tenant's parking rights against any third parties. Landlord may requireapplicable and the provisions of Article 22, at its option, in its sole discretion, that Tenant, its employees, invitees, entitled "Damage or Destruction," shall apply and visitors use certain numbered spaces to be designated by Landlordcontrol.

Appears in 1 contract

Samples: Lease Agreement (Aethlon Medical Inc)

Repairs and Maintenance. (a) Landlord Owner shall at its expense maintain only be responsible for repair and maintenance of the foundation, floors (beneath the carpet or other floor covering), roof, downspoutsthe exterior walls (excluding all glass windows, gutterswindow frames and doors), foundation, utility lines located outside the Premises and the structural soundness of theelectrical service to the wall box (before any Tenant finish), the plumbing to the wall stubs and common areas. Owner shall also be responsible for the preventative maintenance contract for the roof mounted air conditioning and heating apparatus. Tenant shall pay for these items as provided for in Rider I. (b) Tenant shall at its own cost and expense keep use, operate and maintain all parts of the Premises (except those for which Landlord is expressly responsible under and its systems, including all fixtures and equipment installed by Tenant, in such manner as to keep the terms of this Lease) same in good order and condition, promptly making all necessary repairs and replacementsreplacements necessary to maintain such good order and condition all at Tenant's expense, including, including but not limited to, windowsplumbing from the wall stubs, glass electrical service from the wall box, sewer, water and plate heating pipes from the exterior wall, and all glass, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debris. Tenant shall be responsible for the maintenance (other than preventative maintenance) and repair and/or replacement of any heating, ventilating, air conditioning, plumbing, electrical or other systems and fixtures installed solely to service the Premises, whether installed or paid for by Owner or Tenant. The performance by Tenant of its obligations to maintain the Premises shall be conducted only by contractors approved in writing by Owner, it being understood that Tenant shall procure and maintain and shall cause contractors engaged by or on behalf of Tenant to procure and maintain insurance coverage against such risks and in such amounts as Owner may require, including but not be obligated limited to Workmen's Compensation Insurance (as required under the Workmen's Compensation Act of Colorado), issued by such companies as Owner may approve, in connection with such maintenance. If Tenant fails to make any repair any casualty covered by within fifteen (15) days after the insurance occurrence of the damage necessitating same, or fails to cause other maintenance to be maintained by Landlord pursuant to subparagraph 10(Aperformed within fifteen (15) below. To the extent deemed necessary by Landlord, Landlord shall make available to Tenant for its use in effecting repairs, any warranties with respect to components days after notice from Owner of the Buildingneed therefor, Owner at its option may make such repair, or cause such other maintenance to be performed, and Tenant, shall on demand therefor, pay Owner for the cost thereof, with interest thereon at the Reimbursement Interest Rate from the due date until paid. At the Ending Date of Term or other termination of this Lease, Tenant shall deliver up the Premises including all Alterations (except as otherwise herein provided), in good repair and condition, reasonable wear and tear excepted, and shall deliver to Owner all keys to the Premises. (c) Tenant shall enter into a maintenance contract providing for give Owner prompt written notice of any damage to or defects in, the periodic maintenance of all hot waterPremises and in the plumbing, heating and electrical, heating, air conditioning and other systems and units apparatus located in the Premises, and removal and replacement of filters, and shall enter into a janitorial contract providing for the daily cleaning of the Premises. These contracts The obligation to repair such damages or defects shall be with parties and upon such terms and conditions as stated in this paragraph 15. In no event shall Owner be reasonably approved obligated to repair any damage to the Premises or the Building caused by Landlordany act, omission or negligence of Tenant or Tenant Parties. Tenant shall provide Landlord a copy reimburse Owner for all costs and expenses of such contracts within thirty days repairing and replacing all damage to the Premises and Building and to fixtures and equipment caused by Tenant or Tenant Parties or as the result of all or any of them moving in or out of Building or by installation or removal of furniture, fixtures or other property. Such costs and expenses shall be paid by Tenant to Owner on demand, with interest thereon at the Commencement DateReimbursement Interest Rate from the due date until paid. (d) Tenant Owner shall not damage be liable by reason of any demising wall of the Building, 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 or interference with Tenaxx'x xusiness arising from the making of any demising wall caused by Tenant repairs or its employees, agents alterations in or invitees. (e) Tenant and its employees, customers and licensees shall have the non-exclusive right to use the parking areas as may be designated by Landlord in writing, subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking shall be available at the Building for the non-exclusive use of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent to the Building near the entrance to the Premises that or the Building or to any appurtenances or equipment therein. There shall be marked as spaces for visitors. Landlord shall not be responsible for enforcing Tenant's parking rights against no abatement of Rent because of such repairs or alterations, or because of any third parties. Landlord may require, at its option, delay by Owner in its sole discretion, that Tenant, its employees, invitees, and visitors use certain numbered spaces to be designated by Landlordmaking the same.

Appears in 1 contract

Samples: Lease Agreement (Cet Environmental Services Inc)

Repairs and Maintenance. (a) Landlord shall at its expense maintain only 7.1. Subject to the roofprovisions hereinafter contained with regard to damage by fire, downspouts, gutters, foundation, utility lines located outside Tenant accepts the Premises as being in good and the structural soundness of the (b) Tenant shall at its own cost sanitary order and expense keep and agrees to maintain all parts of the Premises (except those for which Landlord is expressly responsible under the terms of this Lease) in good condition, promptly making all necessary repairs order and replacements, including, but not limited to, windows, glass and plate glass, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debriswill suffer no waste thereto. Tenant shall not be obligated to repair any casualty covered by repair, maintain and preserve the insurance to be maintained by Landlord pursuant to subparagraph 10(A) below. To Premises during the extent deemed necessary by Landlord, Landlord shall make available to Tenant for its use in effecting repairs, any warranties with respect to components term of the Building. (c) Tenant shall enter into a maintenance contract providing for the periodic maintenance of all hot water, heating and air conditioning systems and units in the Premises, and removal and replacement of filters, and shall enter into a janitorial contract providing for the daily cleaning of the Premises. These contracts shall be with parties and upon such terms and conditions as shall be reasonably approved by Landlord. Tenant shall provide Landlord a copy of such contracts within thirty days of the Commencement Date. (d) Tenant shall not damage any demising wall of the Building, or disturb the integrity and support provided by any demising wall and shall, this Lease at its sole cost and expense, promptly repair any damage or injury to any demising wall caused by Tenant or its employees, agents or inviteesreasonable use and wear excepted. (e) Tenant 7.2. Landlord shall make structural repairs to the Building necessary for safety and tenantability, and shall bear the cost thereof unless required by any act or neglect of Tenant, its employeesagents, customers employees or invitee. Landlord shall make such other repairs to the Premises and licensees shall have the non-exclusive right to use the parking areas Building as may be designated by necessary or desirable in Landlord's judgment, and the cost of such repairs shall be included in the Operating Expenses. Tenant agrees to report immediately in writing to Landlord any defective condition in writingor about the Premises known to Tenant which Landlord is required to repair, subject and a failure to reasonable rules report shall make Tenant liable for any expense, damage or liability resulting from such defects. 7.3. Landlord reserves the right at any time and regulations from time to time, as often as Landlord may deems desirable, without the same constituting an actual or constructive eviction and without incurring any liability to Tenant or otherwise affecting Tenant's obligations under this Lease, to make such changes, alterations, additions, improvements, repairs, relocations or replacements in or to the Building (including the Premises if required by any applicable law or regulation) and the fixtures and equipment thereof, as well as in or to the street entrances, halls, passages, stairways and other common facilities thereof, and to change the name by which the Building is commonly known and/or the Building's address. Landlord reserves the right from time to time prescribe to install, use, maintain, repair and subject replace pipes, ducts, conduits, wires and appurtenant meters and equipment for service to rights other parts of ingress the Building, above the ceiling surfaces, below the floor surfaces, within the walls and egress of other tenantsin the central core areas, and to relocate any pipes, ducts, conduits, wires and appurtenant meters and equipment included in the Premises which are located in the Premises or located elsewhere outside the Premises, and to expand the Building. Parking Nothing contained herein shall be available at deemed to relieve Tenant of any duty, obligation or liability with respect to making any repair, replacement or improvement or complying with any law, order or requirement of any government or other authority and nothing contained herein shall be deemed not construed to impose upon Landlord any obligation, responsibility or liability whatsoever, for the care, supervision or repair of the Building for the non-exclusive use of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within or any part thereof, other than as expressly provided in this ratio shall be seven parking spaces located adjacent to the Building near the entrance to the Premises that shall be marked as spaces for visitors. Landlord shall not be responsible for enforcing Tenant's parking rights against any third parties. Landlord may require, at its option, in its sole discretion, that Tenant, its employees, invitees, and visitors use certain numbered spaces to be designated by LandlordLease.

Appears in 1 contract

Samples: Lease Agreement (Usinternetworking Inc)

Repairs and Maintenance. (a) The premises hereby leased, are leased to Tenant "As Is," except as specifically provided herein. Further, except as herein expressly provided, Landlord shall be under no liability, nor have any obligation to do any work or make any repairs in or to the premises, and any work which may be necessary to outfit the premises for Tenant's occupancy or for the operation of Tenant's business therein is the sole responsibility of Tenant and shall be performed by Tenant at its expense maintain only own cost and expense. Tenant acknowledges that it has fully inspected the roofpremises prior to the execution of this Lease, downspouts, gutters, foundation, utility lines located outside and Tenant further acknowledges that Landlord has made no warranties or representations with respect to the Premises and condition or state of repairs of the structural soundness of thepremises. (b) Tenant shall will, during the term of this Lease, keep the premises and appurtenances (including windows, doors, plumbing, heating and electrical facilities and installations), in good order and repair and will make all necessary repairs thereof at its own cost and expense keep and maintain all parts of the Premises (expense, except those for which that Landlord is expressly responsible under the terms of this Lease) in good condition, promptly making will make all necessary repairs and replacements, including, but not limited to, windows, glass and plate glass, doors, any special office entry, interior replacements to the exterior masonry walls, finish workstructural components, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debris. Tenant shall not be obligated to repair any casualty covered by the insurance to be maintained by Landlord pursuant to subparagraph 10(A) below. To the extent deemed necessary by Landlord, Landlord shall make available to Tenant for its use in effecting repairs, any warranties with respect to components roof of the Building. (c) premises, after being notified in writing by Tenant shall enter into a maintenance contract providing of the need for the periodic maintenance of all hot water, heating and air conditioning systems and units in the Premises, and removal and replacement of filterssuch repairs, and shall enter into have a janitorial contract providing for reasonable time in which to complete such repairs, provided Landlord commences such repairs within twenty (20) days (or within the daily cleaning shortest period necessary in order to prevent imminent death, personal injury or damage, or destruction of the Premises. These contracts shall be with parties property) of written notification from Tenant and upon such terms and conditions as shall be reasonably approved by Landlorddiligently pursues same to completion. Tenant shall provide agrees to carry a maintenance and/or service agreement or policy on the HVAC system in the premises; provided Tenant carries such policy and supplies evidence to Landlord a copy of such contracts within thirty days same upon request, Landlord will warrant the repair or replacement of the Commencement Date. any major component (d) Tenant shall not damage any demising wall of the Building, or disturb the integrity and support provided by any demising wall and shall, at its sole cost and expense, promptly repair any damage or injury to any demising wall caused by Tenant or its employees, agents or invitees. (e) Tenant and its employees, customers and licensees shall have the non-exclusive right to use the parking areas as may be designated by Landlord in writing, subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking shall be available at the Building for the non-exclusive use of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent to the Building near the entrance to the Premises that shall be marked as spaces for visitors. Landlord shall not be responsible for enforcing Tenant's parking rights against any third parties. Landlord may require, at its option, in its sole discretion, that Tenant, its employees, invitees, and visitors use certain numbered spaces to be designated by Landlord.e.

Appears in 1 contract

Samples: Lease (Bank Jos a Clothiers Inc /De/)

Repairs and Maintenance. (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 an Event of Default then exists, Landlord may elect to require that Tenant prepay the amount of such repair. All repairs made by Landlord or Tenant shall utilize materials and equipment that are at least equal in quality, number, and usefulness to those originally used in constructing the Building and the Premises. Tenant, at Tenant’s expense, shall maintain Tenant’s Supplemental HVAC and/or Alterations 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 business days after Landlord’s written 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 its expense maintain only 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 roof, downspouts, gutters, foundation, utility lines located outside the Premises and the structural soundness of thecosts incurred. (b) Tenant shall Landlord, at its own cost and Landlord’s expense keep and maintain all parts of the Premises (except those for which Landlord is expressly responsible under to the terms of this Lease) extent such expenses are includable in good conditionProject Expenses), promptly making shall make all necessary repairs to: (i) the footings and replacements, including, but not limited to, windows, glass foundations and plate glass, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debris. Tenant shall not be obligated to repair any casualty covered by the insurance to be maintained by Landlord pursuant to subparagraph 10(A) below. To the extent deemed necessary by Landlord, Landlord shall make available to Tenant for its use in effecting repairs, any warranties with respect to components 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 their mutual best interest that the Building and Premises be operated and maintained in a manner that is environmentally responsible, fiscally prudent, and provides a safe and productive work environment. Accordingly, Tenant shall enter into a maintenance contract providing for the periodic maintenance of all hot water, heating and air conditioning systems and units use commercially reasonable efforts to conduct its operations in the Premises, Building and removal within the Premises to: (1) minimize to the extent reasonably feasible: (i) direct and replacement indirect energy consumption and greenhouse gas emissions; (ii) water consumption; (iii) the amount of filters, material entering the waste stream; and shall enter into a janitorial contract providing for (iv) negative impacts upon the daily cleaning indoor air quality of the PremisesBuilding; and (2) permit the Building to maintain its LEED rating and an Energy Star label, to the extent applicable. These contracts Landlord shall use commercially reasonable efforts to operate and maintain the Common Areas of the Building to: (1) minimize to the extent reasonably feasible: (i) direct and indirect energy consumption and greenhouse gas emissions; (ii) water consumption; (iii) the 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 shall be with parties and upon such terms and conditions as shall be reasonably approved by Landlordincluded in Project Expenses (except to the extent otherwise not permitted). At all times, Tenant shall provide Landlord comply with the Encino Trace Tenant Building Standards Agreement Pertaining to Austin Energy Green Building Requirements, a copy of such contracts within thirty days of the Commencement Date. (d) Tenant shall not damage any demising wall of the Building, or disturb the integrity and support provided by any demising wall and shall, at its sole cost and expense, promptly repair any damage or injury to any demising wall caused by Tenant or its employees, agents or invitees. (e) Tenant and its employees, customers and licensees shall have the non-exclusive right to use the parking areas which is attached hereto as may be designated by Landlord in writing, subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking shall be available at the Building for the non-exclusive use of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent to the Building near the entrance to the Premises that shall be marked as spaces for visitors. Landlord shall not be responsible for enforcing Tenant's parking rights against any third parties. Landlord may require, at its option, in its sole discretion, that Tenant, its employees, invitees, and visitors use certain numbered spaces to be designated by Landlord.Exhibit F.

Appears in 1 contract

Samples: Lease (Mirna Therapeutics, Inc.)

Repairs and Maintenance. (a) Landlord 14.01 Tenant shall at its expense maintain only take good care of the roof, downspouts, gutters, foundation, utility lines located outside the Demised Premises and the structural soundness of the (b) Tenant shall fixtures and appurtenances therein, and at its own sole cost and expense keep shall make all repairs thereto, as and maintain when needed to preserve them in good working order and condition except as otherwise provided in Section 14.02 hereof. In addition, Tenant, at its expense, shall promptly make all parts repairs, ordinary or extraordinary, interior or exterior, structural or otherwise, in and about the Demised Premises and the Building as shall be required by reason of (i) the performance or existence of work by Tenant necessary to suit the Demised Premises to Tenant’s initial occupancy or in connection with Tenant’s Changes, (ii) the installation, use or operation of Tenant’s Property in the Demised Premises, (iii) the moving of Tenant’s Property in or out of the Premises Building, or (except those for which Landlord is expressly responsible under iv) the terms misuse or neglect of this Lease) in good conditionTenant or any of its employees, promptly making all necessary repairs and replacements, including, but not limited to, windows, glass and plate glass, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debrisagents or contractors. Tenant shall not be obligated responsible, and Landlord shall be responsible, for any repairs to repair the Demised Premises as are required by reason of Landlord’s neglect or other fault in the manner of performing any casualty covered by the insurance Work provided for in Article 3 which Landlord is to perform in Tenant’s Changes which may be maintained undertaken by Landlord pursuant to subparagraph 10(A) below. To the extent deemed necessary for Tenant’s account or are otherwise required by Landlord, reason of neglect or other fault of Landlord shall make available to Tenant for its use in effecting repairs, any warranties with respect to components of the Building. (c) Tenant shall enter into a maintenance contract providing for the periodic maintenance of all hot water, heating and air conditioning systems and units in the Premises, and removal and replacement of filters, and shall enter into a janitorial contract providing for the daily cleaning of the Premises. These contracts shall be with parties and upon such terms and conditions as shall be reasonably approved by Landlord. Tenant shall provide Landlord a copy of such contracts within thirty days of the Commencement Date. (d) Tenant shall not damage any demising wall of the Building, or disturb the integrity and support provided by any demising wall and shall, at its sole cost and expense, promptly repair any damage or injury to any demising wall caused by Tenant or its employees, agents or inviteescontractors. 14.02 Landlord shall keep and maintain the Building, common areas, the common restrooms and its fixtures, appurtenances, systems and facilities (e) including the heating, ventilating and air-conditioning systems and the central or core elevator and plumbing systems), serving the Demised Premises, in good working order, condition and repair and shall make all structural repairs, interior and exterior, except as indicated in the second sentence of Section 14.01, as and when needed in the Building, except for those repairs for which Tenant is responsible pursuant to any other provisions of this Lease, and subject to all other provisions of this Lease, including but not limited to the provisions of Article 22. 14.03 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 or any tenant making any repairs or changes or performing maintenance services, whether or not Landlord is required or permitted by this Lease or by law to make such repairs or changes or to perform such services in or to any portion of the Building or Demised Premises, or in to the fixtures, equipment or appurtenances of the Building or the Demised Premises, provided that Landlord shall be reasonably diligent with respect thereto and shall perform such work, except in case of emergency, at times reasonably convenient to Tenant and its employees, customers otherwise in such manner and licensees to the extent practical as will not unreasonably interfere with Tenant’s use and occupancy of the Demised Premises. 14.04 When used in this Lease the term “repair” shall have the non-exclusive right be deemed to use the parking areas include restoration and replacements as may be designated by Landlord in writing, subject necessary to reasonable rules achieve and/or maintain good working order and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking shall be available at the Building for the non-exclusive use of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent to the Building near the entrance to the Premises that shall be marked as spaces for visitors. Landlord shall not be responsible for enforcing Tenant's parking rights against any third parties. Landlord may require, at its option, in its sole discretion, that Tenant, its employees, invitees, and visitors use certain numbered spaces to be designated by Landlordcondition.

Appears in 1 contract

Samples: Lease Agreement (Threshold Pharmaceuticals Inc)

Repairs and Maintenance. (a) Landlord shall Tenant agrees, throughout the Lease term, to maintain the Leased Property, including the interior and exterior portions of the building being leased hereunder, and any improvements thereon, in a clean and safe manner and to make, at its expense maintain only the roofexpense, downspouts, gutters, foundation, utility lines located outside the Premises such ordinary repairs and replacements as may be required to keep said Leased Property and the structural soundness interior and exterior of the said building and improvements in good condition (b) excluding repairs and replacements necessitated by a fire or other casualty insurable under a standard form All Risk Fire and Extended Coverage Insurance Policy), ordinary wear and tear, damage by the elements and any obligations of Landlord excepted. * All warranties transferred to Tenant. Tenant shall further agrees to make, at its own cost expense less a $250 per agreed-upon instance Landlord contribution, all major repairs and expense keep replacements required to maintain the utility systems including the HVAC, plumbing and electric systems, and to maintain all parts the exterior portion of the Premises Leased Property in a good and safe condition; and to make at its expense, such major repairs, replacements and improvements as may be required to keep the utility systems of the Leased Property and interior and exterior of said building and improvements in compliance with all applicable federal, state and municipal laws and all applicable rules, regulations and directives of properly constituted governmental authorities. Landlord agrees to maintain the foundations, roof and structural portions of the exterior walls of the Building (except those for which Landlord is expressly responsible under glass and exterior doors and repairs necessitated by acts of Tenant and/or its agents, employees or invitees). In the terms event that the building situate upon the Leased Property should become in need of this Lease) in good conditionrepairs, promptly making all necessary repairs and replacements, includingor improvements required to be made by the Landlord hereunder, but not limited to, windows, glass and plate glass, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debris. Tenant shall not be obligated give written notice thereof to repair any casualty covered by the insurance to be maintained by Landlord pursuant to subparagraph 10(A) below. To the extent deemed necessary by Landlord, and Landlord shall proceed promptly to make available to Tenant for its use in effecting such repairs, any warranties with respect to components of the Building. (c) Tenant shall enter into a maintenance contract providing for the periodic maintenance of all hot water, heating and air conditioning systems and units in the Premises, and removal and replacement of filters, and shall enter into a janitorial contract providing for the daily cleaning of the Premises. These contracts shall be with parties and upon such terms and conditions as shall be reasonably approved by Landlord. Tenant shall provide Landlord a copy of such contracts within thirty days of the Commencement Date. (d) Tenant shall not damage any demising wall of the Building, replacements or disturb the integrity and support provided by any demising wall and shallimprovements, at its sole cost and own expense. In the event that the need for repairs, promptly repair any damage replacements or injury to any demising wall restorations shall be caused by fire or other casualty or by taking under the power of eminent domain, the obligations of Landlord and Tenant or its employees, agents or invitees. (e) Tenant and its employees, customers and licensees shall have the non-exclusive right to use the parking areas as may be designated by Landlord in writing, subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking shall be available at determined in accordance with Paragraph 12 or 17 as the Building for the non-exclusive use of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent to the Building near the entrance to the Premises that shall be marked as spaces for visitors. Landlord shall not be responsible for enforcing Tenant's parking rights against any third parties. Landlord case may require, at its option, in its sole discretion, that Tenant, its employees, invitees, and visitors use certain numbered spaces to be designated by Landlordbe.

Appears in 1 contract

Samples: Commercial Lease (Eautoclaims Com Inc)

Repairs and Maintenance. (a) Landlord shall Tenant shall, at its expense maintain only the roofexpense, downspouts, gutters, foundation, utility lines located outside keep the Premises and its component parts in good order and condition, consistent with comparable buildings in Fairfield County, Connecticut of similar size, age and use, at all times during the structural soundness of the (b) Tenant shall at its own cost and expense keep and maintain all parts of the Premises (except those for which Landlord is expressly responsible under the terms Term of this Lease) , preserving the effectiveness of any material warranties relating thereto, and will make all capital and noncapital, structural and non-structural, foreseen and unforeseen, ordinary and extra-ordinary repairs, in good condition, promptly making all necessary repairs and replacements, including, but not limited to, windows, glass and plate glass, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debriscompliance with Applicable Laws. Tenant The parties shall not be obligated to repair any casualty covered by the insurance to be maintained by Landlord pursuant to subparagraph 10(A) below. To the extent deemed necessary arrange an annual inspection by Landlord, Landlord ’s representatives to review compliance with Tenant’s obligations hereunder. If any building system or component currently in use shall make available become obsolete to Tenant for its use in effecting repairs, any warranties with respect to components of the Building. (c) Tenant shall enter into a maintenance contract providing degree that it is no longer necessary for the periodic maintenance of all hot waterPremises to function properly (and another system or component has not become necessary in replacement therefore), heating and air conditioning systems and units in the Premises, and removal and replacement of filters, and shall enter into a janitorial contract providing for the daily cleaning of the Premises. These contracts shall be with parties and upon such terms and conditions as shall be reasonably approved by Landlord. Tenant shall provide Landlord a copy of such contracts within thirty days of the Commencement Date. (d) Tenant shall not damage any demising wall of the Building, or disturb the integrity and support provided by any demising wall and shallTenant, at its sole cost and expense, promptly may remove such item from the Premises and shall not be obligated to replace the same. Notwithstanding the foregoing, it is intended by the parties that Landlord shall have no obligation to repair or maintain the Premises (or any damage equipment therein), whether ordinary or injury to any demising wall caused by Tenant or its employees, agents or inviteesextraordinary. (eb) Upon the expiration of the Term of this Lease or earlier termination of this Lease, Tenant and its employees, customers and licensees shall have the non-exclusive right will also provide Landlord with copies of any operating manuals in Tenant’s possession relating to use the parking areas as may be designated by Landlord in writing, subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking shall be available at the Building for the non-exclusive use of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent (i) to the Building near extent the entrance same is then located in the Premises, any new equipment added to the Premises that shall be marked by Tenant after the Commencement Date and (ii) to the extent the same is then located in the Premises, replacement equipment added to the Premises after the Commencement Date, as spaces for visitorswell as (iii) updates and supplements to any such operating manuals relating to equipment then located on the Premises. Landlord Tenant shall not be responsible for enforcing Tenant's parking rights against install any third parties. Landlord may require, at its option, in its sole discretion, that Tenant, its employees, invitees, and visitors use certain numbered spaces to be designated by Landlordunderground storage tank on the Land.

Appears in 1 contract

Samples: Sublease Agreement (Sema4 Holdings Corp.)

Repairs and Maintenance. 17.01. Tenant shall, throughout the Term, take good care of the Demised Premises, the fixtures and appurtenances therein, and shall not do, suffer, or permit any waste with respect thereto. Tenant shall keep and maintain the Demised Premises including without limitation all building equipment, windows, doors, loading bay doors and shelters, plumbing and electrical systems, heating, ventilating and air conditioning (a"HVAC") systems (whether located in the interior of the Demised Premises or on the exterior of the Building) in a clean and orderly condition. Tenant shall, at Landlord's option, keep and maintain in a clean and orderly condition all HVAC systems and any other mechanical or other systems exclusively serving the Demised Premises which are located in whole or in part outside of the Demised Premises (it being understood and agreed that if Landlord shall at its expense elect to keep and maintain only said systems, then the roof, downspouts, gutters, foundation, utility lines located outside the Premises and the structural soundness cost of the (b) same shall be included in Operating Expenses). Tenant shall at its own cost and expense keep and maintain all parts exterior components of any windows, doors, loading bay doors and shelters serving the Demised Premises in a clean and orderly condition. The phrase "keep and maintain" as used herein includes repairs, replacement and/or restoration as appropriate. Tenant shall not permit or suffer any over-loading of the Premises floors of the Demised Premises. Tenant shall be responsible for all repairs, interior and exterior, structural and nonstructural, ordinary and extraordinary, in and to the Demised Premises, and the Building (except those including the facilities and systems thereof) and the Common Areas the need for which arises out of (a) the performance or existence of the Tenant's Work or alterations, (b) the installation, use or operation of the Tenant's Property in the Demised Premises, (c) the moving of the Tenant's Property in or out of the Building, or (d) the act, omission, misuse or neglect of Tenant or any of its subtenants or its or their employees, agents, contractors or invitees. Upon request by Landlord, Tenant shall furnish Landlord with true and complete copies of maintenance contracts and with copies of all invoices for work performed, confirming Tenant's compliance with its obligations under this Article. In the event Tenant fails to furnish such copies, Landlord shall have the right, at Tenant's cost and expense, to conduct such inspections or surveys as may be required to determine whether or not Tenant is expressly in compliance with this Article and to have any work required of Tenant performed at Tenant's cost and expense. Tenant shall promptly replace all scratched, damaged or broken doors and glass in and about the Demised Premises and shall be responsible under for all repairs, maintenance and replacement of wall and floor coverings in the terms Demised Premises and for the repair and maintenance of this Leaseall sanitary and electrical fixtures and equipment therein. The Tenant shall also arrange for its own cleaning services and rubbish removal, subject to the right of Landlord, at Landlord's option to perform such services and include the cost of such services in Operating Expenses. Tenant shall promptly make all repairs in or to the Demised Premises for which Tenant is responsible, and any repairs required to be made by Tenant to the mechanical, electrical, sanitary, heating, ventilating, air-conditioning or other systems of the Building shall be performed only by contractor(s) designated by Landlord. Any other repairs in good conditionor to the Building and the facilities and systems thereof for which Tenant is responsible shall be performed by Landlord at Tenant's expense; but Landlord may, promptly making at its option, before commencing any such work or at any time thereafter, require Tenant to furnish to Landlord such security, in form (including, without limitation, a bond issued by a corporate surety licensed to do business in New Jersey) and amount, as Landlord shall deem necessary to assure the payment for such work by Tenant. 17.02. Landlord shall make all necessary structural repairs and replacements, including, but not limited tospecifically, windowsthe roof and roof membrane (except as hereinabove provided in Section 17.01) and the cost thereof shall be included in Operating Expenses, glass for which Tenant shall pay Tenant's Fraction. Landlord shall keep and plate glassmaintain the Common Areas and shall procure landscaping and snow removal services for the Building and the cost thereof shall be included in Operating Expenses, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debrisfor which Tenant shall pay Tenant's Fraction. 17.03. Tenant shall not permit or suffer the overloading of the floors of the Demised Premises beyond a total combined load of 250 pounds per square foot, or such lesser amount as may be obligated applicable to repair any casualty covered by the insurance to be maintained by Landlord pursuant to subparagraph 10(A) belowmezzanine or second floor area. 17.04. To the extent deemed necessary by LandlordExcept as otherwise expressly provided in this Lease, Landlord shall make available have no liability to Tenant for its use Tenant, nor shall Tenant's covenants and obligations under this Lease be reduced or abated in effecting any manner whatsoever, by reason of any inconvenience, annoyance, interruption or injury to business arising from Landlord's doing any repairs, maintenance, or changes which Landlord is required or permitted by this Lease, or required by Law, to make in or to any warranties with respect to components portion of the Building. (c) Tenant shall enter into a maintenance contract providing for the periodic maintenance of all hot water, heating and air conditioning systems and units in the Premises, and removal and replacement of filters, and shall enter into a janitorial contract providing for the daily cleaning of the Premises. These contracts shall be with parties and upon such terms and conditions as shall be reasonably approved by Landlord. Tenant shall provide Landlord a copy of such contracts within thirty days of the Commencement Date. (d) Tenant shall not damage any demising wall of the Building, or disturb the integrity and support provided by any demising wall and shall, at its sole cost and expense, promptly repair any damage or injury to any demising wall caused by Tenant or its employees, agents or invitees. (e) Tenant and its employees, customers and licensees shall have the non-exclusive right to use the parking areas as may be designated by Landlord in writing, subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking shall be available at the Building for the non-exclusive use of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent to the Building near the entrance to the Premises that shall be marked as spaces for visitors. Landlord shall not be responsible for enforcing Tenant's parking rights against any third parties. Landlord may require, at its option, in its sole discretion, that Tenant, its employees, invitees, and visitors use certain numbered spaces to be designated by Landlord.

Appears in 1 contract

Samples: Lease (Kasper a S L LTD)

Repairs and Maintenance. (a) Landlord Tenant shall at its own cost and expense keep, maintain only and take good care of the roofpremises and, downspoutsexcept as expressly provided in Paragraph 11(a) hereof, guttersmake all necessary repairs thereto, foundationinterior and exterior, utility lines located outside structural and nonstructural, ordinary and extraordinary, and shall suffer no waste or nuisance; provided, however, that the Premises cost of maintenance and repair of any common party wall (any wall, divider, partition or any other structure separating the premises from any "adjacent premises occupied by other tenants) shall be shared equally by Tenant and the structural soundness tenant occupying adjacent premises. Tenant shall not damage any party wall or disturb the integrity and support provided by any party wall and shall, at its cost and expense, promptly repair any damage or injury to any party wall caused by Tenant or his employees, agents or invitees. At the end of thethe term or other termination of this lease, Tenant shall deliver the premises with all improvements thereon in good repair and condition, reasonable wear and tear only excepted. (b) Tenant shall at its own cost and expense keep care for the grounds around the buildings on the premises, including the regular mowing of grass, care of shrubs and maintain all parts general landscaping and will k eep the parking areas, driveways, alleys and the whole of the Premises (except those for which Landlord is expressly responsible under the terms of this Lease) premises in good a clean and sanitary condition, promptly making all necessary repairs and replacements, including, but not limited to, windows, glass and plate glass, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debris. Tenant shall not be obligated to repair any casualty covered by the insurance to be maintained by Landlord pursuant to subparagraph 10(A) below. To the extent deemed necessary by Landlord, Landlord shall make available to Tenant for its use in effecting repairs, any warranties with respect to components of the Building. (c) In this event the premises constitute a portion of a multiple occupancy building, Tenant shall enter into a maintenance contract providing for the periodic maintenance of all hot water, heating and air conditioning systems and units in the Premises, and removal and replacement of filters, and shall enter into a janitorial contract providing for the daily cleaning of the Premises. These contracts shall be with parties and upon such terms and conditions as shall be reasonably approved by Landlord. Tenant shall provide Landlord a copy of such contracts within thirty days of the Commencement Date. (d) Tenant shall not damage any demising wall of the Building, or disturb the integrity and support provided by any demising wall and shall, at its sole cost and expense, promptly repair any damage or injury to any demising wall caused by Tenant or its it employees, agents or invitees. (e) Tenant and its employeescustomers, customers and licensees shall have the non-exclusive nonexclusive right to use use, in common with the other parties occupying said building, the parking areas as may be designated by Landlord in writingareas, driveways and alleys adjacent to said building, subject to such reasonable rules and regulations as Landlord may from time to time prescribe prescribe, and subject to rights Tenant shall, in lieu of ingress the obligations set forth under Subparagraph (a) above, as liable or its proportional share of the cost and egress expense of other tenants. Parking shall be available at the Building care for the non-exclusive use grounds around the said building including but not limited to, the mowing of grass, care of shrubs, general landscaping, and maintenance of parking areas, driveways and alleys. Tenant shall at a ratio Landlord's option either (i) pay when due its proportionate share of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent such costs and expenses along with the other tenants of the building directly to the Building near persons performing such work, or (ii) reimburse Landlord upon demand for amount of its proportionate share of such costs and expenses in the entrance event Landlord elects to the Premises that shall be marked as spaces for visitors. Landlord shall not be responsible for enforcing Tenant's parking rights against any third parties. Landlord may require, at its option, in its sole discretion, that Tenant, its employees, invitees, and visitors use certain numbered spaces perform or cause to be designated by Landlordperformed such work.

Appears in 1 contract

Samples: Lease Agreement (Powin Corp)

Repairs and Maintenance. (a) 18.1 Landlord shall at its expense repair and maintain only the roofstructural and exterior portions and Common Areas of the Building and Project, downspoutsincluding foundations, guttersexterior walls, foundationload bearing walls, utility lines located outside windows, plate glass, roofing, and roofing covering materials, and plumbing, fire sprinkler system, heating, ventilating, air conditioning, elevator, telecommunications and electrical systems installed or furnished by Landlord (and not part of the improvements installed in the Premises by or for Tenant, or the tenant improvements installed inside the Premises by or for the previous tenant), and including the structural soundness deionized water loop, air compressor, vacuum and other systems shared with other tenants of the (b) the Project, 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 because of any act, neglect, fault of or omissions of any duty by Tenant, its agents, servants, employees, contractors or invitees, Tenant shall at its own cost and expense keep and maintain all parts pay to Landlord upon demand the costs of the Premises (except those entirety of such maintenance and repairs attributable to such act, neglect, fault or omission, subject to credit for which Landlord is expressly responsible under any insurance proceeds recovered on account thereof. 18.2 Except as otherwise set forth in Section 18.1, Tenant shall, throughout the terms term of this Lease) in good condition, promptly making all necessary repairs and replacements, including, but not limited to, windows, glass and plate glass, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debris. Tenant shall not be obligated to repair any casualty covered by the insurance to be maintained by Landlord pursuant to subparagraph 10(A) below. To the extent deemed necessary by Landlord, Landlord shall make available to Tenant for its use in effecting repairs, any warranties with respect to components of the Building. (c) Tenant shall enter into a maintenance contract providing for the periodic maintenance of all hot water, heating and air conditioning systems and units in the Premises, and removal and replacement of filters, and shall enter into a janitorial contract providing for the daily cleaning of the Premises. These contracts shall be with parties and upon such terms and conditions as shall be reasonably approved by Landlord. Tenant shall provide Landlord a copy of such contracts within thirty days of the Commencement Date. (d) Tenant shall not damage any demising wall of the Building, or disturb the integrity and support provided by any demising wall and shall, at its Tenant’s sole cost and expense, promptly keep the Premises and every part thereof in the same condition and repair as delivered to Tenant, including plumbing, fire sprinkler, heating, ventilating, air conditioning, elevator, and electrical systems installed as part of improvements installed in the Premises by or for Tenant and tenant improvements installed inside the Premises by or for the previous tenant. Tenant shall upon the expiration or earlier termination of the term hereof surrender the Premises to Landlord in the same condition as when received (together with the Tenant Improvements and any subsequent improvements made by Tenant, and any improvements installed in the Premises by or for any previous tenant of the Premises), ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as set forth in this Lease, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof. 18.3 Except as provided in Section 16.2, 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 demising wall caused repairs, alterations or improvements in or to any portion of the Premises, Building or Project, or in or to improvements, fixtures, equipment and personal property therein. If repairs or replacements become necessary which by Tenant or its employees, agents or invitees. (e) the terms of this Lease are the responsibility of Tenant and its employeesTenant fails to make the repairs or replacements, customers and licensees shall have the non-exclusive right to use the parking areas as may be designated by Landlord in writing, subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking shall be available at the Building for the non-exclusive use of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent do so pursuant to the Building near the entrance to the Premises that shall be marked as spaces for visitors. Landlord shall not be responsible for enforcing Tenant's parking rights against any third parties. Landlord may require, at its option, in its sole discretion, that Tenant, its employees, invitees, and visitors use certain numbered spaces to be designated by Landlordprovisions of Section 24.3.

Appears in 1 contract

Samples: Lease (Acucela Inc)

Repairs and Maintenance. (a) Landlord shall at its expense maintain only the roofwill, downspouts, gutters, foundation, utility lines located outside the Premises and the structural soundness of the (b) Tenant shall at its own cost and expense keep and maintain all parts of the Premises (expense, except those for which Landlord is expressly responsible under the terms of this Lease) in good conditionas may be provided elsewhere herein, promptly making all make necessary repairs and replacementsof damage to the Building corridors, includinglobby, but not limited to, windows, glass and plate glass, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debris. Tenant shall not be obligated to repair any casualty covered by the insurance to be maintained by Landlord pursuant to subparagraph 10(A) below. To the extent deemed necessary by Landlord, Landlord shall make available to Tenant for its use in effecting repairs, any warranties with respect to components of the Building. (c) Tenant shall enter into a maintenance contract providing for the periodic maintenance of all hot water, heating and air conditioning systems and units in the Premises, and removal and replacement of filters, and shall enter into a janitorial contract providing for the daily cleaning of the Premises. These contracts shall be with parties and upon such terms and conditions as shall be reasonably approved by Landlord. Tenant shall provide Landlord a copy of such contracts within thirty days of the Commencement Date. (d) Tenant shall not damage any demising wall structural members of the Building, or disturb and equipment used to provide the integrity and support provided by Building Standard services referred to in Item 9, unless any demising wall and shall, at its sole cost and expense, promptly repair any such damage or injury to any demising wall is caused by Tenant acts or omissions of Tenant, its agents, customers, employees, agents principals, contractors, consultants, assigns, subtenants or invitees. , in which event Tenant will bear the cost of such repairs. Tenant will allow no maintenance or repairs to be done in, on, to or about the Premises other than by a contractor (esuch term to include all degrees and levels of subcontractors) Tenant and its employees, customers and licensees shall have the non-exclusive right to use the parking areas as may be designated approved by Landlord in writing, subject writing prior to reasonable rules any such maintenance or repairs being undertaken. Landlord shall be entitled to require such contractor to be bonded and regulations insured in such amounts and with such companies as Landlord may from time in its discretion prescribe. Tenant will not injure the Premises or the Building but will maintain the Premises in a clean, attractive condition and in good repair, except as to time prescribe damage to be repaired by Landlord as provided above. Upon termination of this Lease, Tenant will surrender and subject deliver the Premises to rights of ingress and egress of other tenants. Parking shall be available Landlord in the same condition in which they existed at the Building for commencement of this Lease, excepting only ordinary wear and tear and damage arising from any cause not required to be repaired by Tenant. This Item 13 shall not apply in the non-exclusive use case of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent to damage or destruction by fire or other casualty which is covered by insurance maintained by Landlord on the Building near the entrance (as to the Premises that which Item 16 hereof shall be marked apply) or damage resulting from an Eminent Domain taking (as spaces for visitorsto which Item 18 hereof shall apply). Landlord shall not be responsible for enforcing Tenant's parking rights against any third parties. Landlord may requireSUBJECT TO, at its optionAND EXCEPT FOR, in its sole discretion"FORCE MAJEURE" (ITEM 26), that TenantAND LIKEWISE SUBJECT TO, its employeesAND EXCEPT FOR, inviteesANY FAULT OF, and visitors use certain numbered spaces to be designated by LandlordOR FAIRLY ATTRIBUTABLE TO, OR DELAY CAUSED BY, OR FAIRLY ATTRIBUTABLE TO, TENANT OR ITS AGENTS, EMPLOYEES, PRINCIPALS, OFFICERS, SUCCESSORS, CONTRACTORS, CONSULTANTS OR ANY OTHER PERSON, PARTY OR ENTITY FOR WHOM OR WHICH TENANT FAIRLY SHOULD BE RESPONSIBLE, IF LANDLORD MATERIALLY, ADVERSELY, DEMONSTRABLY AND SUBSTANTIALLY FAILS TO MEET ITS REPAIR AND MAINTENANCE OBLIGATIONS UNDER THIS ITEM 13 AND SUCH MATERIAL, ADVERSE, DEMONSTRABLE AND SUBSTANTIAL FAILURE CONTINUES FOR A PERIOD IN EXCESS OF FIVE (5) CONSECUTIVE BUSINESS DAYS FOLLOWING WRITTEN NOTICE THEREOF FROM TENANT TO LANDLORD, THEN TENANT, AS ITS SOLE AND EXCLUSIVE REMEDY, SHALL BE ENTITLED TO AN ABATEMENT OF RENT AND ADDITIONAL RENT FOR THE PERIOD THAT SUCH MATERIAL, ADVERSE, DEMONSTRABLE AND SUBSTANTIAL FAILURE CONTINUES, TO (BUT NOT BEYOND) THE PROPORTIONATE EXTENT THAT SUCH MATERIAL, ADVERSE, DEMONSTRABLE AND SUBSTANTIAL FAILURE MATERIALLY, ADVERSELY, DEMONSTRABLY AND SUBSTANTIALLY INTERFERES WITH THE USE OF THE PREMISES BY TENANT.

Appears in 1 contract

Samples: Lease Agreement (Liquidmetal Technologies)

Repairs and Maintenance. (a) Subject to Section 2(b) above, by taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good and sanitary order, condition and repair, including the initial Tenant Improvements, in good, clean and first-class condition and repair, and in any event in at least as good condition as on the Commencement Date, reasonable wear and tear excepted. Without limiting the generality of the foregoing (but subject to Section 2(b) above), Tenant shall be solely responsible for maintaining and repairing all fixtures, non-Building standard electrical lighting, ceilings and floor coverings, windows, doors, plate glass, skylights, and interior walls within the Premises using the same quality of materials as used in the original construction. In addition, Tenant shall be responsible for all repairs made necessary by Tenant or any Tenant Party. Landlord acknowledges that Tenant shall have no obligation to repair or maintain any areas of the Building outside of the Premises, unless such repair or maintenance is required due to acts of Tenant or any Tenant Party. Excepting maintenance, repairs or replacements required due to the negligence or willful misconduct of Landlord, its agents, employees, contractors and subcontractors, Tenant acknowledges that Landlord shall at its expense maintain only the roofhave no obligation to maintain, downspouts, gutters, foundation, utility lines repair or replace any telecommunications or computer cabling or wiring which is located outside in the Premises or which exclusively serves the Premises (collectively, “Cabling”). Tenant shall, at Tenant’s expense, contract with a reputable contractor to maintain the Cabling. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises except as specifically set forth in this Lease. Under no circumstances shall Tenant make any repairs to the Building or to the mechanical, electrical or heating, ventilating, air conditioning, fire sprinkler or energy management control systems of the Premises or the Building, unless such repairs are previously approved in writing by Landlord, which shall not be unreasonably withheld, conditioned or delayed. Tenant waives the provisions of 1931(1), 1941 and 1942 of the structural soundness California Civil Code, and any similar or successor law regarding Tenant’s right to make repairs and deduct expenses of thesuch repairs from the Rent due under this Lease. (b) Tenant Landlord shall at its own cost operate the Building to a standard of quality consistent with that of other comparable office buildings in the City and expense keep and maintain all parts County of San Francisco as of the Commencement Date and shall replace Building standard lamps, starters and ballasts (all nonstandard lighting within the Premises (except those for which Landlord is expressly responsible under shall be the terms responsibility of this Lease) in good condition, promptly making all necessary repairs and replacements, including, but not limited to, windows, glass and plate glass, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debris. Tenant shall not be obligated to repair any casualty covered by the insurance to be maintained by Landlord pursuant to subparagraph 10(A) below. To the extent deemed necessary by Landlord, Landlord shall make available to Tenant for its use in effecting repairs, any warranties with respect to components of the BuildingTenant). (c) Landlord shall be responsible for maintaining and repairing all structural portions of the Building and shall maintain the roof, sidewalls, and foundations of the Building in good, clean and safe condition and repair. Landlord shall also maintain all Building Common Areas. Landlord shall be responsible for maintenance and repair of all Building Systems, provided, however, that Tenant shall enter into a maintenance contract providing be responsible for the periodic maintenance of maintaining all hot waterfixtures and equipment, heating and air conditioning systems and units in the Premisesincluding sink(s), and removal and replacement of filters, and shall enter into a janitorial contract providing for the daily cleaning of which may be located within the Premises. These contracts Except as otherwise provided in this Lease, Landlord shall have no liability to Tenant, nor shall Tenant’s obligations under this Lease be with parties and upon such terms and conditions as shall be reasonably approved reduced or abated in any manner whatsoever by Landlord. Tenant shall provide Landlord a copy reason of such contracts within thirty days of the Commencement Date. (d) Tenant shall not damage any demising wall of the Buildinginconvenience, or disturb the integrity and support provided by any demising wall and shallannoyance, at its sole cost and expense, promptly repair any damage interruption or injury to business arising from Landlord making any demising wall caused repairs or changes which Landlord is required or permitted by this Lease or by any other tenants’ lease or required by law to make to any portion of the Building or the Premises. Landlord shall use reasonable efforts to minimize any interference with Tenant’s business at the Premises. If Tenant or its employeesfails to maintain the Premises as required in Section 11(a), agents or invitees. (e) Landlord may give Tenant 30 days’ written notice to do such acts as are reasonably required to so maintain the Premises. If Tenant fails to promptly commence such work within such time period and its employeesthereafter diligently prosecute it to completion, customers and licensees then Landlord shall have the non-exclusive right to use do such acts and expend such funds at the parking areas expense of Tenant as may be designated are reasonably required to perform such work. Any amount so expended by Landlord in writing, subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking shall be available paid by Tenant promptly after demand with interest at the Building for Prime Rate plus 2% per annum, from the non-exclusive use date of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent such work, but not to exceed the Building near the entrance to the Premises that shall be marked as spaces for visitorsmaximum amount then allowed by law. Landlord shall have no liability to Tenant for any damage, inconvenience, or interference with the use of the Premises by Tenant as the result of performing any such work. For the purpose of this Lease, the “Prime Rate” shall mean the rate, or base rate, reported in the Money Rates column or section of The Wall Street Journal as being the base rate on corporate loans at large U.S. money center commercial banks (whether or not be responsible for enforcing Tenant's parking rights against such rate has actually been charged by any third parties. Landlord may require, at its option, such bank) on the first date on which The Wall Street Journal is published in its sole discretion, that Tenant, its employees, invitees, and visitors use certain numbered spaces to be designated by Landlordthe month preceding the month in which the subject costs are incurred.

Appears in 1 contract

Samples: Standard Lease Agreement (Allbirds, Inc.)

Repairs and Maintenance. (a) Landlord shall Except as specifically otherwise provided in subparagraphs (b) and (c) of this Article, Tenant, at its sole cost and expense and throughout the Term (as may be extended) of this Lease, shall keep and maintain only the roof, downspouts, gutters, foundation, utility lines located outside the Premises in good order and condition, free of accumulation of dirt and rubbish, and shall promptly make all repairs other than repairs to the footings and foundations and the structural soundness steel columns and girders forming a part of the (b) Tenant shall at its own cost and expense the Premises necessary to keep and maintain all parts such good order and condition. Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise Landlord of Tenant's desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make such repairs to the Premises with a reasonable time of notice to Landlord and shall charge Tenant for such services at Landlord's standard rate (except those such rate to be competitive with the market rate for which Landlord is expressly responsible under the terms of this Lease) in good condition, promptly making all necessary repairs and replacements, including, but not limited to, windows, glass and plate glass, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debrissuch services). Tenant shall not be obligated to repair use or permit the use of any casualty covered by the insurance to be maintained by Landlord pursuant to subparagraph 10(A) below. To the extent deemed necessary by Landlord, Landlord shall make available to Tenant for its use in effecting repairs, any warranties with respect to components portion of the Building. (c) Tenant shall enter into a maintenance contract providing Premises for the periodic maintenance of all hot water, heating and air conditioning systems and units outdoor storage except for exterior chemical storage in connection with Tenant's business operations at the Premises, and removal and replacement of filtersprovided that (i) the proposed storage area is designated on the plans to be provided in advance to the Landlord for its approval, and shall enter into a janitorial contract providing for the daily cleaning of the Premises. These contracts shall be with parties and upon such terms and conditions as shall be reasonably approved by Landlord. Tenant shall provide Landlord a copy of such contracts within thirty days of the Commencement Date. (dii) Tenant shall not damage any demising wall of the Building, or disturb the integrity and support provided by any demising wall and shallhas received, at its sole cost and expense, promptly repair any damage all federal, state and local permits, approvals and authorizations for the utilization of said storage area, (iii) the installation, use and operation of the storage area complies with all federal, state and local environmental and other laws, rules and regulations, and (iv) in the event that said storage area utilizes an area that would otherwise constitute one or injury more parking spaces in the Parking Area, the parking space or spaces utilized for storage area shall be counted in the number of parking spaces that Landlord is required to any demising wall caused furnish to Tenant hereunder. Tenant shall be permitted to utilize the area that the previous tenant in the Premises utilized as a storage area provided, however, that Tenant hereby acknowledges that Landlord makes no representations, warranties or covenants regarding whether appropriate federal, state and local permits, approvals, and authorizations were previously obtained in connection with said storage area. When used in this Article 15, the term "repairs" shall include replacements and renewals when necessary. All repairs made by Tenant or its employees, agents or invitees. (e) Tenant shall utilize materials and its employees, customers equipment which are at least equal in quality and licensees shall have the non-exclusive right usefulness to use the parking areas as may be designated by Landlord those originally used in writing, subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking shall be available at constructing the Building for and the non-exclusive use of Premises. Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent to maintain all HVAC systems serving the Building near and the entrance to the Premises that shall be marked as spaces for visitors. Landlord shall not be responsible for enforcing Tenant's parking rights against any third parties. Landlord may require, at its option, in its sole discretion, that Tenant, its employees, invitees, and visitors use certain numbered spaces to be designated by LandlordPremises.

Appears in 1 contract

Samples: Lease Agreement (Immune Response Corp)

Repairs and Maintenance. (a) Landlord shall at its expense maintain only the roof, downspouts, gutters, foundation, utility lines located outside the Premises and the structural soundness of the (b) 6.01 Tenant shall at its own cost and expense keep and maintain all parts of the Premises (except those for which Landlord is expressly responsible under the terms of this Lease) in good condition, promptly making all necessary repairs and replacements, including, but not limited to, windows, glass and plate glass, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debris. Tenant shall not be obligated to repair any casualty covered by the insurance to be maintained by Landlord pursuant to subparagraph 10(A) below. To the extent deemed necessary by Landlord, Landlord shall make available to Tenant for its use in effecting repairs, any warranties with respect to components of the Building. (c) Tenant shall enter into a maintenance contract providing for the periodic maintenance of all hot water, heating and air conditioning systems and units in the Premises, and removal and replacement of filters, and shall enter into a janitorial contract providing for the daily cleaning of the Premises. These contracts shall be with parties and upon such terms and conditions as shall be reasonably approved by Landlord. Tenant shall provide Landlord a copy of such contracts within thirty days of the Commencement Date. (d) Tenant shall not damage any demising wall of the Building, or disturb the integrity and support provided by any demising wall and shall, at its sole cost and expense, promptly repair keep, maintain and take good care of the demised premises and make necessary repairs thereto, including repairs of a capital nature, as shall be necessary to maintain the demised premises in the same condition as at or on the Commencement Date, ordinary wear and tear excepted. Except as provided in Paragraph 2.02(e) hereof, Tenant shall not be obligated to make any damage capital, structural or injury HVAC replacements except at Tenant's option unless due to Tenant's negligent or wrongful use thereof or any demising wall caused by intentional wrongful act of Tenant. To the extent that any capital, structural or HVAC, plumbing or electrical replacements are required, and Tenant has elected not to make them, Tenant shall notify Landlord thereof and Landlord, shall proceed to make such replacements or its employeesto cause such replacements to be made and Landlord shall pay the cost thereof, agents subject, however, to Tenant's obligation to pay to Landlord as Additional Rent a pro rata share of the costs of replacement as provided in Paragraph 2.02(e) hereof. At the end of the Term or invitees. (e) other termination of this Lease, Tenant shall deliver the demised premises with all improvements thereon in substantially the same condition as when received on the Commencement Date, in good condition, ordinary wear and its employees, customers and licensees shall have the non-exclusive right to use the parking areas as may be designated by Landlord in writingtear excepted, subject to reasonable rules the provisions herein contained with respect to condemnation and regulations as Landlord may from time casualty. 6.02 Tenant shall have no obligation to time prescribe alter, remodel, improve, repair, decorate or paint the demised premises or any part thereof and subject to rights of ingress and egress of other tenants. Parking shall be available at the Building for the non-exclusive use of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent to the Building near the entrance to the Premises that shall be marked as spaces for visitors. Landlord shall not be responsible liable for enforcing Tenant's parking rights against any third parties. Landlord may require, at its option, in its sole discretion, that Tenant, its employees, invitees, and visitors use certain numbered spaces failure to be designated by Landlorddo so except as specifically provided herein.

Appears in 1 contract

Samples: Lease Agreement (Trans Lux Corp)

Repairs and Maintenance. (a) Landlord 15.01 Tenant shall take good care of the Demised Premises. Tenant, at its expense maintain only expense, shall promptly make all repairs, ordinary or extraordinary, interior or exterior, structural or otherwise, in and about the roof, downspouts, gutters, foundation, utility lines located outside the Demised Premises and the structural soundness of the (b) Tenant shall at its own cost and expense keep and maintain all parts of the Premises (except those for which Landlord is expressly responsible under the terms of this Lease) in good conditionBuilding, promptly making all necessary repairs and replacements, including, but not limited to, windows, glass and plate glass, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debris. Tenant shall not be obligated to repair any casualty covered by the insurance to be maintained by Landlord pursuant to subparagraph 10(A) below. To the extent deemed necessary by Landlord, Landlord shall make available to Tenant for its use in effecting repairs, any warranties with respect to components of the Building. (c) Tenant shall enter into a maintenance contract providing for the periodic maintenance of all hot water, heating and air conditioning systems and units in the Premises, and removal and replacement of filters, and shall enter into a janitorial contract providing for the daily cleaning of the Premises. These contracts shall be with parties and upon such terms and conditions as shall be reasonably approved required by Landlord. Tenant shall provide Landlord a copy reason of such contracts within thirty days (i) the performance or existence of Tenant's Work or Tenant's Changes, (ii) the Commencement Date. installation, use or operation of Tenant's Property in the Demised Premises, (diii) Tenant shall not damage any demising wall the moving of Tenant's Property in or out of the Building, or disturb (iv) the integrity and support provided misuse or neglect of Tenant or any of its employees, agents or contractors; but Tenant shall not be responsible for any of such repairs as are required by reason of Landlord's neglect or other fault in the manner of performing any demising wall and shall, at its sole cost and expense, promptly repair any damage of Tenant's Work or injury to any demising wall caused Tenant's Changes which may be undertaken by Tenant Landlord for Tenant's account or are otherwise required by reason of neglect or other fault of Landlord or its employees, agents or invitees. (e) Tenant and contractors. Except if required by the neglect or other fault of Landlord or its employees, customers agents or contractors, Tenant, at its expense, shall replace all scratched, damaged or broken doors or other glass in or about the Demised Premises and licensees shall have the non-exclusive right to use the parking areas as may be designated by Landlord in writing, subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking shall be available at the Building for the non-exclusive use of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent to the Building near the entrance to the Premises that shall be marked as spaces for visitors. Landlord shall not be responsible for enforcing Tenant's parking rights against any third parties. Landlord may requireall repairs, maintenance and replacement of wall and floor coverings in the Demised Premises and, for the repair and maintenance of all lighting fixtures therein. 15.02 Landlord, at its optionexpense, shall keep and maintain the Building and its fixtures, appurtenances, systems and facilities serving the Demised Premises, in its sole discretiongood working order, condition and repair and shall make all repairs, structural and otherwise, interior and exterior, as and when needed in or about the Demised Premises, except for those repairs for which Tenant is responsible pursuant to any other provisions of this Lease. 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's making any repairs or changes which Landlord is required or permitted by this Lease, or required by law, to make in or to any portion of the Building or the Demised Premises, or in or to the fixtures, equipment or appurtenances of the Building or the Demised Premises, provided that Landlord shall use due diligence with respect thereto and shall perform such work, except in case of emergency, at times reasonably convenient to Tenant and otherwise in such manner as will not materially interfere with Tenant, its employees, invitees, and visitors 's use certain numbered spaces to be designated by Landlordof the Demised Premises.

Appears in 1 contract

Samples: Lease (Aveta Inc)

Repairs and Maintenance. 2.1. Notwithstanding anything in the Existing Lease to the contrary (a) including without limitation, Article 3 of the Addendum to the Original Lease and Section 6 of the Third Amendment), effective as of April 1, 2017, Landlord shall at its expense maintain only the roof, downspouts, gutters, foundation, utility lines located outside the Premises be responsible for repairing and the structural soundness of the (b) Tenant shall at its own cost and expense keep and maintain all parts maintaining certain elements of the Premises limited to the exterior structural portions of the Premises; the roofing and covering materials including performing roof surveys; foundations; exterior walls and facade; all landscaping, sidewalks and parking areas contained in or about the Premises; snow removal (except those but not trash removal); exterior washing of windows; exterior window repair; exterior lighting including parking lot lighting; and exterior signage at the Premises (but excluding signage installed or affixed by Tenant pursuant to Section 27 of the Original Lease, which shall be Tenant’s responsibility). The costs associated with such repairs and maintenance shall be included in Operating Expenses (defined below). Landlord shall continue to be responsible for which Landlord is expressly responsible under the terms of this Lease) in good condition, promptly making performing all necessary capital repairs and replacements, including, but not limited to, windows, glass and plate glass, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debris. Tenant shall not be obligated to repair any casualty covered by replacements involving the insurance to be maintained by Landlord pursuant to subparagraph 10(A) below. To the extent deemed necessary by Landlord, Landlord shall make available to Tenant for its use in effecting repairs, any warranties with respect to structural components of the Building. (c) Tenant shall enter into a maintenance contract providing for the periodic maintenance of all hot water, heating base building and air conditioning systems and units in the Premises, and removal and replacement of filters, and shall enter into a janitorial contract providing for the daily cleaning of the Premises. These contracts shall be with parties and upon such terms and conditions as shall be reasonably approved by Landlord. Tenant shall provide Landlord a copy of such contracts within thirty days of the Commencement Date. (d) Tenant shall not damage any demising wall of the Building, or disturb the integrity and support provided by any demising wall and shall, at its sole cost and expense, promptly repair any damage or injury to any demising wall caused by Tenant or its employees, agents or invitees. (e) Tenant and its employees, customers and licensees shall have the non-exclusive right to use the parking areas as may described in Section 6 of the Third Amendment, and such expenditures shall in each case be designated by Landlord amortized over the useful life thereof in writing, subject accordance with generally accepted accounting principles and included in Operating Expense and only the portion attributable to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking the calendar year shall be available at included in the Building Operating Expenses for the non-exclusive use of Tenant at a ratio of five spaces per 1,000 rentable square feetcalendar year. Included within Except as expressly provided in this ratio shall be seven parking spaces located adjacent to Section 2 or elsewhere in the Building near the entrance to the Premises that shall be marked as spaces for visitors. Lease, Landlord shall not be responsible for enforcing Tenant's parking rights against required to maintain or make any third parties. Landlord may require, at its option, in its sole discretion, that Tenant, its employees, invitees, and visitors use certain numbered spaces repairs or replacements or provide any services of any nature or description whatsoever to be designated by Landlordthe Premises during the Term.

Appears in 1 contract

Samples: Lease (Novavax Inc)

Repairs and Maintenance. (a) Landlord A. Subject to provisions of paragraph 15, Lessor shall at its expense keep and maintain only in good order, condition and repair the structural elements of the Premises including the roof, downspoutsroof membrane, gutterspaving, floor slab, foundation, utility lines located outside the Premises exterior walls, landscaping, irrigation and the structural soundness of the (b) Tenant elevators. Lessor shall at its own cost and expense keep and maintain all parts of the Premises (except those for which Landlord is expressly responsible under the terms of this Lease) in good conditionmake such repairs, promptly making all necessary repairs and replacements, including, but not limited to, windows, glass and plate glass, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debris. Tenant shall not be obligated to repair any casualty covered by the insurance to be maintained by Landlord pursuant to subparagraph 10(A) below. To the extent deemed alterations or improvements as Lessor deems reasonably necessary by Landlord, Landlord shall make available to Tenant for its use in effecting repairs, any warranties with respect to components such structural elements and Lessee shall pay to Lessor, within ten days of Lessor's invoice to Lessee therefor, Lessee's pro-rata share of such repairs, replacements, alterations or improvements. Notwithstanding the foregoing, if the reason for any repair, replacement, alteration or improvement is caused by Lessee or arises because of a breach of Lessee's obligations under this Lease, then Lessee shall pay 100% of the Buildingcosts or expense to remedy the same. (c) Tenant shall enter into a maintenance contract providing for the periodic maintenance of all hot waterB. Except as expressly provided in Subparagraph A above, heating and air conditioning systems and units in the Premises, and removal and replacement of filters, and shall enter into a janitorial contract providing for the daily cleaning of the Premises. These contracts shall be with parties and upon such terms and conditions as shall be reasonably approved by Landlord. Tenant shall provide Landlord a copy of such contracts within thirty days of the Commencement Date. (d) Tenant shall not damage any demising wall of the Building, or disturb the integrity and support provided by any demising wall and Lessee shall, at its sole cost cost, keep and expensemaintain the entire Premises and every part thereof, promptly repair including, without limitation, the windows, window frames, plate glass, glazing, truck doors, doors, all door hardware, interior of the Premises, interior walls and partitions, and electrical, plumbing, lighting, heating, and air conditioning systems in good and sanitary order, condition, and repair. Notwithstanding anything to the contrary in this Lease, Lessor shall perform and construct, and Lessee shall have no responsibility to perform, construct, pay directly or to reimburse Lessor, for any damage repair, maintenance or injury to any demising wall caused improvement (i) necessitated by Tenant the acts or omissions of Lessor or its employeesagents, agents employees or invitees. contractors, (eii) Tenant and its employeesoccasioned by fire, customers and licensees shall have the non-exclusive right to use the parking areas as may be designated by Landlord in writing, acts of God or other casualty (subject to reasonable rules the provisions of Section 9) or by the exercise of the power of eminent domain, (iii) for which Lessor has a right of reimbursement from others, or (iv) which would be treated as a "capital expenditure" under generally accepted accounting principles. Notwithstanding the foregoing, Lessee shall pay for the costs set forth in (iv) as provided in Sections 11.A, 12 and regulations 18 of this Lease. Should Lessee fail to maintain the Premises or make repairs required of Lessee hereunder forthwith upon notice from Lessor, Lessor, in addition to all other remedies available hereunder or by law, and without waiving any alternative remedies, may make the same, and in that event, Lessee shall reimburse Lessor as Landlord may from time additional rent for the cost of such maintenance or repairs on the next date upon which rent becomes due. Lessee hereby expressly waives the provision of Subsection 1 of Section 1932, and Sections 1941 and 1942 of the Civil Code of California and all rights to time prescribe and subject to rights of ingress and egress of other tenants. Parking shall be available make repairs at the Building for the non-exclusive use expense of Tenant at a ratio Lessor, as provided in Section 942 of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent to the Building near the entrance to the Premises that shall be marked as spaces for visitors. Landlord shall not be responsible for enforcing Tenant's parking rights against any third parties. Landlord may require, at its option, in its sole discretion, that Tenant, its employees, invitees, and visitors use certain numbered spaces to be designated by Landlordsaid Civil Code.

Appears in 1 contract

Samples: Lease (Clicksoftware Technologies LTD)

Repairs and Maintenance. (a) Landlord shall at its expense maintain only the roof18.1 Tenant shall, downspouts, gutters, foundation, utility lines located outside the Premises and the structural soundness of the (b) Tenant shall at its own cost and expense expense, keep and maintain all parts of the Premises (except those for which Landlord is expressly responsible under the terms of this Lease) in good condition, promptly making all necessary repairs and replacementsPremises, including, but not limited to, windowsthe parking areas, glass and plate glassthe heating, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debris. Tenant shall not be obligated to repair any casualty covered by the insurance to be maintained by Landlord pursuant to subparagraph 10(A) below. To the extent deemed necessary by Landlord, Landlord shall make available to Tenant for its use in effecting repairs, any warranties with respect to components of the Building. (c) Tenant shall enter into a maintenance contract providing for the periodic maintenance of all hot water, heating ventilating and air conditioning systems and units the sprinkler system in a first-class manner consistent with other buildings of the same use and class and located within the vicinity of the Premises, and removal all repairs and replacement replacements shall be in quality and class at least equal to the original work. Landlord shall assign to Tenant all warranties and guaranties, if any, pertaining to any component of filtersthe Premises which is Tenant's responsibility to maintain pursuant to the terms hereof. Tenant shall, at its own cost and expense, maintain and provide for regular lawn and general landscape maintenance and parking and driveway repairs on the Premises. 1. With respect to any capital repair, the time periods provided for any Landlord approval or consent set forth in the sections and articles of Exhibit B referred to above shall enter into a janitorial contract providing be ten (10) business days, rather than the time periods set forth in said sections and articles. At any time prior to Landlord approving any Capital Repair, Landlord shall have the right to elect to perform such Capital Repair pursuant to the Construction Documents or pursuant to plans and specifications and contracts mutually agreed to by Landlord and Tenant. If Landlord does not elect to perform the Capital Repair, Landlord shall reimburse Tenant for the daily cleaning cost actually paid by Tenant in performing the Capital repair within thirty (30) days after receipt of the Premises. These contracts shall be following documents (the "Reimbursement Documents"). (a) invoices from the general contractor and all subcontractors indicating that such invoices have been paid in full; (b) a statement from the general contractor indicating that all amounts payable to the general contractor under the general contract have been paid in full and all subcontractors performing work with parties respect to the Capital Repair has been paid in full; (c) lien waivers from the general contractor and upon each subcontractor performing the Capital Repair; and (d) if there are plans and specifications for such terms Capital Improvement, a certificate from a licensed architect providing that the Capital Repair has been performed in accordance with the plans and conditions as shall be reasonably specifications approved by Landlord. In no event shall Landlord have an obligation to reimburse Tenant for the costs of performing a Capital Repair if Tenant is then in Default under this Lease or if tenant has been in Default of any of its obligations under this Lease more than four (4) times in the twelve (12) month period immediately prior to the date Tenant delivers to Landlord the Reimbursement Documents. Any amounts paid to Landlord in connection with a Capital Repair (whether or not Landlord made the Capital Repair or reimbursed Tenant for the costs of a Capital Repair) shall not be credited against the Tenant Improvement Allowance). If Landlord reimburses Tenant for a Capital Improvement as provided above or if Landlord performs any Capital Improvement on behalf of Tenant, Tenant shall provide Landlord pay Landlord, as Additional rent on a copy monthly basis together with payments of such contracts within thirty days of Basic rent, the Commencement Date.following: (da) Tenant shall for a repair which is not damage a replacement of any demising wall component of the Building, or disturb Tenant shall pay the integrity annual amortized cost of the Capital Improvement amortized over the shorter of (i) the remaining useful life of the asset as determined in accordance with generally accepted accounting principles, and support provided by (ii) the remaining Term of this Lease, including any demising wall renewal options which have not been exercised (or, if all renewal options have been exercised, for the purposes of this Section 18.1 only, Tenant shall be deemed to have one renewal option of 5 years), but in no event more than ten (10) years; and (b) for a replacement of any component of the Building, as compared to a repair thereof, Tenant shall pay the annual amortized cost of the Capital Improvement amortized over the longer of (i) the remaining useful life of the asset as determined in accordance with generally accepted accounting principles, and (ii) the remaining Term of this Lease, including any renewal options which have not been exercised (or, if all renewal options have been exercised, for purposes of this Section 18.1 only, Tenant shall be deemed to have one renewal option of 10 years). 18.2 Landlord shall, at its sole own cost and expense, promptly maintain the structural portions of the Premises, consisting of the roof, foundation and footings, exterior and load bearing walls, load bearing cables and floors, and shall in a reasonable manner repair any damage or injury replace same as the need shall arise unless due to any demising wall caused by Tenant the intentional acts or negligence of the Tenant, its employeesagents, agents servants, employees or invitees. (e) , in which case Tenant and its employees, customers and licensees shall have the non-exclusive right to use the parking areas as may be designated by Landlord in writing, subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking shall be available at the Building responsible for the non-exclusive use of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent to the Building near the entrance to the Premises that shall be marked as spaces for visitorssuch repairs. Landlord shall not be responsible for enforcing have no obligation to maintain or repair any other aspects of the premises, such responsibility being Tenant's parking rights against any third parties. Landlord may require, at its option, in its sole discretion, that Tenant, its employees, invitees, and visitors use certain numbered spaces pursuant to be designated by LandlordSection 18.1 hereof.

Appears in 1 contract

Samples: Lease Agreement (Lexicon Genetics Inc/Tx)

Repairs and Maintenance. (ai) Landlord shall Except as otherwise expressly provided in this Lease, during the Term, Tenant at its sole expense shall maintain only the roof, downspouts, gutters, foundation, utility lines located outside the Premises in good order and condition, make all repairs necessary to maintain such condition, whether such repairs are interior or exterior, and repair any damage to the structural soundness of the (b) Premises. All repairs made by Tenant shall utilize materials and equipment which are comparable to those originally used in constructing the Building. The Term “repair” when used in this Subsection (d) shall include replacements and renewals when necessary. Tenant at its own cost and expense keep shall maintain and maintain all parts of the Premises (except those for which Landlord is expressly responsible under the terms of this Lease) in good condition, promptly making all necessary repairs and replacements, including, but not limited to, windows, glass and plate glass, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debris. Tenant shall not be obligated to repair any casualty covered by the insurance to be maintained following initial installation by Landlord pursuant to subparagraph 10(ASection 28, the HVAC, mechanical, fire sprinklers, electrical (including connectivity with Xxxxxx’x Gate I, II and IV), utilities/sewer and plumbing systems serving the Premises (collectively the “Building Systems”), and the roof (including the roof membrane) belowpursuant to service contracts acceptable to Landlord (such acceptance not to be unreasonably withheld, conditioned or delayed). To Tenant shall also be responsible to maintain and repair the extent deemed necessary by roads and parking lots following Landlord’s initial installation thereof. Tenant shall also be responsible to provide for landscaping (pursuant to a service contract acceptable to Landlord, such acceptance not to be unreasonably withheld, conditioned or delayed) and snow removal services. Notwithstanding the foregoing, in the event Tenant is required to replace the roof and/or the HVAC and/or the mechanical equipment serving the Building, Landlord shall make replace same if reasonably necessary, in which case Tenant shall reimburse Landlord the aggregate cost actually paid by Landlord for the replaced item amortized on a straight-line basis in equal annual installments over the useful life of the item (determined in accordance with generally accepted accounting principles), for the balance of the Term (including any exercised renewal options). Landlord shall deliver warranties for Building Systems and roof and all other manufacturers’ warranties to Tenant (giving Tenant the full benefit thereof) at the time of Substantial Completion. The roof warranty shall be an industry-standard 10 year warranty in accordance with the Specifications (defined below); provided that if available and desired by Tenant, such warranty will be upgraded at Tenant’s expense. Prior to selection of the roofing contractor, a copy of the roof warranty offered shall be delivered to Tenant for its use in effecting repairs, any warranties with respect to components of the Buildingreview. (cii) Tenant shall enter into a maintenance contract providing for the periodic maintenance of all hot water, heating and air conditioning systems and units in the Premises, and removal and replacement of filters, and shall enter into a janitorial contract providing for the daily cleaning of the Premises. These contracts shall be with parties and upon such terms and conditions as shall be reasonably approved by Landlord. Tenant shall provide Landlord a copy of such contracts within thirty days of the Commencement Date. (d) Tenant shall not damage any demising wall of the Building, or disturb the integrity and support provided by any demising wall and shall, at its sole cost and expense, promptly maintain, repair and replace the structural components, exterior walls, window fenestration, load bearing interior walls, foundation, and columns of the Building (collectively “Structural Components”); provided that Landlord shall have no obligation to make any damage repair until Landlord receives written notice of the need for such repair. (iii) Notwithstanding anything herein to the contrary, replacements of the Building Systems and the roof or injury to any demising wall caused repairs and replacements of the Structural Components made necessary by the negligence or willful misconduct of Tenant or its employeesAgents or Tenant’s failure to maintain the Building Systems and/or roof in accordance with the terms of any applicable warranty, agents shall be made at the sole expense of Tenant to the extent not covered by any applicable warranty or inviteesinsurance proceeds paid to Landlord. (eiv) Tenant Notwithstanding anything herein to the contrary, repairs and replacements of the Premises made necessary by the negligence or willful misconduct of Landlord or its employees, customers and licensees shall have the non-exclusive right to use the parking areas as may be designated by Landlord in writing, subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking Agents shall be available made at the Building for the non-exclusive use sole expense of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent Landlord to the Building near the entrance to the Premises that shall be marked as spaces for visitors. Landlord shall extent not be responsible for enforcing Tenant's parking rights against covered by any third parties. Landlord may require, at its option, in its sole discretion, that Tenant, its employees, invitees, and visitors use certain numbered spaces applicable warranty or insurance required to be designated or actually maintained by LandlordTenant hereunder.

Appears in 1 contract

Samples: Lease Agreement (Realogy Corp)

Repairs and Maintenance. A. Landlord shall, at Landlord’s expense, maintain, secure and, if necessary, repair (ai) Landlord shall at its expense maintain only the roofparking lot, downspouts, gutters, foundation, utility lines located outside curbs and exterior portions of the property in which the Premises is located (except for cleaning and landscaping, which Tenant shall be responsible for); (ii) the roof of the Premises; (iii) the foundation of the Premises; (iv) exterior walls of the Premises; (v) all structural soundness portions of the the Premises; (bvi) the underground gas storage tank(s) and any related fuel pipes, and Tenant shall, at Tenant's expense, keep the remaining portions of the Premises including the windows and signs in good order, repair and condition at all times during the Term, and Tenant shall promptly and adequately, repair all damage to the Premises (which is not the responsibility of the Landlord) and replace or repair all damaged or broken fixtures and appurtenances (which is not the responsibility of the Landlord), under the supervision and subject to the approval of Landlord, and within any reasonable period of time specified by Landlord. In addition, Tenant shall at its own cost Tenant's expense, make all repairs, installations, and expense keep and maintain all parts of additions to the Premises (except those which is not the responsibility of the Landlord) as may be required by any law, ordinance, regulation or ruling of any governmental authority having jurisdiction over the Premises. If Tenant does not do so, Landlord may, but need not, make any repairs, replacements, installations, and additions which Tenant is obligated to make, and Tenant shall pay Landlord the cost thereof, and shall also pay to Landlord fifteen percent (15%) of the cost thereof to reimburse Landlord for which all overhead, general conditions, fees and other costs or expenses arising from the involvement of Landlord is expressly responsible under the terms of this Lease) in good condition, promptly making all necessary with such repairs and replacements, the foregoing payments to be made forthwith upon being billed for same. Landlord or Landlord's agent may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, installations, alterations, improvements and additions to the Premises as Landlord shall desire or deem necessary. B. Tenant is solely responsible for removing, shoveling, and clearing snow and ice that is on, in front of, or around the Premises, including any sidewalks or walkways and parking lot. Tenant shall remove such snow and ice at its own expense and shall be solely liable for any injury or claim that may arise from its failure to adequately and timely remove snow and ice. Tenant hereby indemnifies Landlord from any claim arising out of Tenant’s failure to adequately and timely remove snow and ice. (i) Hazardous Substances· shall mean any hazardous substances, hazardous materials, hazardous wastes, toxic substances or contaminants, including, without limitation. substances defined as "hazardous substances," "hazardous materials," "hazardous wastes: •toxic substances" or "contaminants" as those terms are defined in the Comprehensive Environment Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. §§9600, et seq., as amended from time to time hereafter, the Resource Conservation and Recovery Act, 42 U.S.C. §§6901, et seq., as amended from time to time hereafter, the Federal Water Pollution Control Act ("Clean Water Act"), 33 U.S.C. §§1251 et seq., as amended from time to time hereafter, the Air Pollution Prevention and Control Act ("Clean Air Act"), 42 U.S.C. §§7401 et seq., as amended from time to time hereafter, the Toxic Substances Control Act ('TSCA"}, 42 USC §§2601 et seq., as amended from time to time hereafter, the Occupational Safety and Health Administration enactments, and any local, state or federal law, regulation or ordinance applicable to the Premises now or hereafter in effect (collectively, the "Environmental Laws"), and petroleum products. Unless as permitted by law, the Tenant is not permitted to store for sell or allow the purchase of any petroleum products at the Premises, Landlord may elect to install groundwater monitoring xxxxx on the Premises which may be used in conjunction with all other applicable reports, documents, and information to determine conditions, and Landlord may take samples from such groundwater monitoring xxxxx at any time after such installation. Landlord and Tenant shall use reasonable efforts to coordinate with one another to install such monitoring xxxxx. Landlord or Tenant may test the condition of the Premises, including subsurface testing, for Hazardous Substances at any time during the Term of the Lease, provided that Landlord shall use reasonable efforts not to interfere with Tenant's operations at the Premises. Within the sixty (60) day period prior to the end of the Term, the Landlord may test the condition of the Premises for the presence of Hazardous Substances, including preparation of Phase I and Phase II assessments. The purpose of this testing is to establish the environmental condition of the Premises as of the expiration or termination of this Lease. During the Term and upon termination or expiration of the Lease, Landlord and Tenant have the right to receive reasonable notice of any testing from the other party, the right to be present during testing by the other party, and the right to recover spilt samples from such testing within a reasonable period of time after request for the same from the other party. During the Term and upon termination or expiration of the Lease Landlord and Tenant shall have the right to receive reasonable notice of any environmentally related work (including removal, installation, and maintenance of the underground fuel system) from the other party and the right to be present during such work by the other party. Landlord shall also have the right, but not limited tothe obligation, windowsto report any findings to applicable authorities. (ii) Landlord hereby acknowledges that, glass and plate glass, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal while there may now or in the future exist requirements for remediation of trash and debrisHazardous Substances at the Premises as of the Date of Lease. Should Tenant encounter petroleum impacted soil and/or groundwater while performing Tenant's Work Tenant shall not be obligated inform Landlord immediately. If Tenant does encounter such impacted soil and groundwater, Tenant shall immediately provide written notice of the same to repair any casualty covered by the insurance to be maintained by Landlord pursuant to subparagraph 10(A) belowLandlord. To the extent deemed necessary by LandlordAfter receipt of such written notice, Landlord shall make available directly contract for the removal of such impacted soil from the Premises and pay for the cost incurred for impacted soil transportation and disposal from the Premises, If Tenant encounters impacted ground water while performing Tenant's Work on the Premises, after receipt of Tenant's written notice, Landlord shall directly contract to store and discharge any impacted groundwater as hereinafter set forth. After receipt of Tenant's written notice stating that Tenant for its use in effecting repairshas encountered such impacted groundwater, Landlord shall provide a 20,000 gallon tank to temporarily store, and then treat and discharge (under appropriate permit), any warranties with respect to components such impacted water discovered while Tenant performs Tenant's Work, Tenant shall be responsible for the removal of the Building. (c) water from the excavation site to the Landlord provided temporary tank in the same manner as if the water was non-impacted, except that Tenant shall enter into direct the water to the Landlord provided tank instead of a maintenance contract providing storm drain. After such impacted water has been properly directed to Landlord's temporary tank, the responsibility for handling, treating and discharging the impacted water will be Landlord's responsibility, at Landlord's sole cost and expense. Landlord will provide periodic maintenance air monitoring during excavation of impacted soil to ensure that Tenant's contractors do not need personal protective equipment (PPE). Except as expressly set forth in this Section all hot water, heating of the other safety considerations associated with the redevelopment of the Premises shall remain the responsibility of Tenant. Landlord and air conditioning systems and units Tenant shall use commercially reasonable efforts to cooperate with one another in the removal and/or storage of any petroleum impacted soil or groundwater from the Premises, and removal and replacement of filters, and shall enter into a janitorial contract providing for the daily cleaning of the Premises. These contracts shall be with parties and upon such terms and conditions as shall be reasonably approved by Landlord. Tenant shall provide not interfere with Landlord a copy of such contracts within thirty days of or Landlord's agents, contractors or employees while the Commencement Datesame are on the Premises to perform any wo r k set forth in this Section. (diii) Notwithstanding anything to the contrary in the preceding provisions, the parties agree as follows: (1) The parties acknowledge that no environmental testing is currently being done at the commencement of this tenancy. (2) Thus, the parties are not in a position to know whether or not there is any substantial or unhealthful contamination existing on the property prior to the tenancy. (3) Tenant shall not damage will be responsible for cleaning up any demising wall of the Building, 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 contamination that is conclusively proven to any demising wall have been caused by Tenant or during its employees, agents or inviteestenancy. (e4) Tenant and its employees, customers and licensees shall have the non-exclusive right to use the parking areas as may be designated by Landlord in writing, subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of or other tenants. Parking shall be available at the Building for the non-exclusive use of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent to the Building near the entrance to the Premises that shall be marked as spaces for visitors. Landlord shall not parties will be responsible for enforcing Tenant's parking rights against cleaning up any third parties. Landlord may requirecontamination that was not caused by Tenant during his or its tenancy. (5) Tenant agrees to avoid burning or discarding flammables, at its optionpaper, wood, trash or other combustibles on the property and will prohibit smoking in its sole discretion, that Tenant, its employees, invitees, the vicinity of the underground storage tanks and visitors use certain numbered spaces to be designated by Landlordany abandoned fuel dispensing system.

Appears in 1 contract

Samples: Lease Agreement

Repairs and Maintenance. (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 rxxxxxxs that Landlord make any other repairs that are Tenant’s xxxigation 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 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 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’x xxxuest, 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 ix xxxxonsible hereunder (at its expense maintain only 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 roof, downspouts, gutters, foundation, utility lines located outside the Premises and the structural soundness of thecosts incurred. (b) Tenant shall Landlord, at its own cost and expense keep and maintain all parts of the Premises Landlord’x xxxense (except those for which Landlord is expressly responsible under to the terms of this Lease) extent such expenses are includable in good conditionProject Expenses), promptly making shall make all necessary repairs to: (i) the footings and replacements, including, but not limited to, windows, glass foundations and plate glass, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debris. Tenant shall not be obligated to repair any casualty covered by the insurance to be maintained by Landlord pursuant to subparagraph 10(A) below. To the extent deemed necessary by Landlord, Landlord shall make available to Tenant for its use in effecting repairs, any warranties with respect to components 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 their mutual best interest that the Building and Premises be operated and maintained in a manner that is environmentally responsible, fiscally prudent, and provides a safe and productive work environment. Accordingly, Tenant shall enter into a maintenance contract providing for the periodic maintenance of all hot water, heating and air conditioning systems and units use commercially reasonable efforts to conduct its operations in the Premises, Building and removal within the Premises to: (1) minimize to the extent reasonably feasible: (i) direct and replacement indirect energy consumption and greenhouse gas emissions; (ii) water consumption; (iii) the amount of filters, material entering the waste stream; and shall enter into a janitorial contract providing for (iv) negative impacts upon the daily cleaning of the Premises. These contracts shall be with parties and upon such terms and conditions as shall be reasonably approved by Landlord. Tenant shall provide Landlord a copy of such contracts within thirty days of the Commencement Date. (d) Tenant shall not damage any demising wall indoor air quality of the Building, 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 Tenant or its employees, agents or invitees. (e2) Tenant and its employees, customers and licensees shall have the non-exclusive right to use the parking areas as may be designated by Landlord in writing, subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking shall be available at permit the Building for the non-exclusive use of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent to maintain its LEED rating and an Energy Star label, to the Building near the entrance to the Premises that shall be marked as spaces for visitorsextent applicable. Landlord shall use commercially reasonable efforts to operate and maintain the Common Areas of the Building to: (1) minimize to the extent reasonably feasible: (i) direct and indirect energy consumption and greenhouse gas emissions; (ii) water consumption; (iii) the 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 shall be included in Project Expenses (except to the extent otherwise not be responsible for enforcing Tenant's parking rights against any third parties. Landlord may require, at its option, in its sole discretion, that Tenant, its employees, invitees, and visitors use certain numbered spaces to be designated by Landlordpermitted).

Appears in 1 contract

Samples: Lease (Paratek Pharmaceuticals, Inc.)

Repairs and Maintenance. (a) Landlord shall Tenant shall, throughout the Term and at its expense maintain only the roof, downspouts, gutters, foundation, utility lines located outside the Premises and the structural soundness of the (b) Tenant shall at its own Tenant's sole cost and expense expense, keep and maintain all parts the Premises in a neat and orderly condition; and, upon expiration of the Term, Tenant shall leave the Premises (except those for which Landlord is expressly responsible under the terms of this Lease) in good order and condition, promptly making ordinary wear and tear, damage by fire or other casualty (which fire or other casualty has not occurred through the negligence of Tenant or those claiming under Tenant or their agents, employees or invitees, respectively) alone excepted, and for that purpose and except as stated, Tenant will make all necessary repairs and replacements, including, but not limited to, windows, glass and plate glass, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debris. Tenant shall not be obligated to repair permit any casualty covered by the insurance to be maintained by Landlord pursuant to subparagraph 10(A) below. To the extent deemed necessary by Landlordwaste, Landlord shall make available to Tenant for its use in effecting repairs, any warranties with respect to components of the Building. (c) Tenant shall enter into a maintenance contract providing for the periodic maintenance of all hot water, heating and air conditioning systems and units in the Premises, and removal and replacement of filters, and shall enter into a janitorial contract providing for the daily cleaning of the Premises. These contracts shall be with parties and upon such terms and conditions as shall be reasonably approved by Landlord. Tenant shall provide Landlord a copy of such contracts within thirty days of the Commencement Date. (d) Tenant shall not damage any demising wall of the Building, or disturb the integrity and support provided by any demising wall and shall, at its sole cost and expense, promptly repair any damage or injury to the Premises. Tenant shall not use or permit the use of any demising wall caused portion of the common areas for other than their intended use as specified by Tenant or its employees, agents or invitees. (e) Tenant and its employees, customers and licensees shall have the non-exclusive right to use the parking areas as may be designated by Landlord in writing, subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking shall be available at time. b) Landlord shall, throughout the Building for the non-exclusive use of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent Term, make all necessary repairs to the Building near structural elements of the entrance Premises including the roof, HVAC and hot water systems servicing the Premises and other improvements located on the Property; provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair. Landlord shall undertake all such necessary repairs within three (3) business days and shall proceed with all due diligence to complete such repairs in an expeditious manner. Landlord shall keep and maintain all common areas of the 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 that and the Property an-sing out of or caused by Tenant's use, manner of use or, occupancy of the Premises, by Tenants installation of alterations, additions, improvements, trade fixtures or equipment in or upon the Premises or by any act or omission of Tenant or any employee, agent, contractor or invitee of Tenant shall be marked as spaces for visitors. Landlord shall not be responsible for enforcing made at Tenant's parking rights against sole cost and expense and Tenant shall pay Landlord the cost of any third parties. Landlord may requiresuch repair or replacement, at its optionas Additional Rent, in its sole discretion, that Tenant, its employees, invitees, and visitors use certain numbered spaces to be designated by Landlordupon demand.

Appears in 1 contract

Samples: Office Space Lease (Orapharma Inc)

Repairs and Maintenance. (a) Landlord shall Tenant, at its expense maintain only the roofsole cost and expense, downspouts, gutters, foundation, utility lines located outside shall take good care of the Premises and the structural soundness of the (b) Tenant shall at its own cost and expense keep keep, repair, replace and maintain all parts of the Premises (except those for which Landlord is expressly responsible under the terms of this Lease) in good conditionorder, promptly making condition and repair, and each and every part thereof (including, without limitation, painting and decorating, and the repair, maintenance and replacement of any heating, ventilating and air conditioning units or systems), except only such matters that are expressly stated herein to be within the Landlord's obligation to maintain, or, subject to the provisions of Paragraph 11 hereof, caused solely by the negligence or willful misconduct of Landlord, its contractors, employees, agents or other tenants (but only to the extent not covered by Tenant's insurance), and shall not cause nor permit any dirt, debris or rubbish to be put, placed or maintained on the sidewalks, driveways, parking lots, yards, entrances and curbs, in, on or adjacent to the Building. Tenant further agrees not to cause nor permit waste of or damage or nuisance to, in, or about the Premises or the Building. To the extent assignable, Landlord shall assign to Tenant all necessary repairs and replacementswarranties applicable to the Premises, including, but not limited to, windowswarranties of manufacturers and contractors, glass and plate glass, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debris. Tenant shall not be obligated to repair any casualty covered by the insurance to be maintained by Landlord pursuant to subparagraph 10(A) below. To the extent deemed necessary by Landlord, Landlord shall make available to Tenant for its use in effecting repairs, any warranties with respect to components of the Building. (c) Tenant shall enter into a maintenance contract providing for the periodic maintenance of all hot waterequipment, heating and air conditioning systems and units fixtures, materials, service or operability with respect to anything contained in the Premises. Landlord shall assist Tenant, and removal and replacement of filtersat Tenant's expense, and in making any such warranty claims. In the event any such warranty is not assignable, Landlord shall enter into a janitorial contract providing be responsible for the daily cleaning materials or services covered by such warranty. Without in any way limiting the foregoing or any other provision of the Premises. These contracts this lease, Landlord shall be with parties responsible for any and upon such terms and conditions as shall be reasonably approved by Landlord. Tenant shall provide Landlord all latent defects at the Premises for a copy period of such contracts within thirty days of two (2) years following the Commencement Date. (db) Tenant shall not damage any demising wall of the BuildingLandlord, or disturb the integrity and support provided by any demising wall and upon reasonable written notice from Tenant, shall, at its Landlord's sole cost and expense, promptly make necessary structural repairs to the exterior walls and shall keep in good order, condition and repair the exterior foundations, downspouts, gutters and roof of the Building, excluding, however, all windows, doors, signs and all repairs required by any casualty except as otherwise provided in Paragraphs 9 and 13 hereof. For the purpose of this lease, a structural repair shall be defined as any structural repair to the structural steel, footings, foundations, masonry walls, and roof of the demised Premises. Any repairs, whether structural or otherwise, resulting from damage or injury to any demising wall caused by Tenant any act, omission or its negligence of Tenant, any subtenant or concessionaire, or their respective employees, agents agents, invitees, licensees or inviteescontractors shall be performed by the Landlord and, except as provided in Paragraph 7 of this lease, the reasonable cost thereof, to the extent not reimbursed through the insurance maintained by Landlord, shall be paid by Tenant as additional rent. (ec) Landlord further agrees to maintain, repair and keep in good order and condition, as part of the operating expenses to be paid by Tenant as provided in Paragraph 20(a), all public or common areas surrounding the Building which are the property of the Landlord, except as otherwise herein provided, and its employees, customers agrees to furnish all necessary utilities to such public or common areas. The reasonable costs and licensees shall have the non-exclusive right to use the parking areas as may be designated expenses incurred by Landlord in writingfor maintenance, subject to reasonable rules repairs, utilities, janitorial service, refuse and regulations as Landlord may from time to time prescribe snow removal and subject to rights security of ingress and egress of other tenants. Parking the public or common areas shall be available at determined in the Building reasonable discretion of Landlord, to ensure the proper quality and the preservation of the reputation of the Building. Tenant shall pay its proportionate share of all reasonable costs and expenses so incurred by Landlord, as Additional Rental, in accordance with the provisions of Xxxxxxxxx 00 xxxxxx. (x) All common areas are for the non-exclusive use of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent to the Building near the entrance to the Premises that shall be marked as spaces for visitors. Landlord shall not be responsible for enforcing Tenant's parking rights against any third parties. Landlord may require, at its optiongeneral use, in its sole discretioncommon, that Tenantof all tenants of the Building, its employees, invitees, and visitors use certain numbered spaces to be designated by Landlord.their employees and

Appears in 1 contract

Samples: Lease Agreement (Playtex Products Inc)

Repairs and Maintenance. (a) Landlord shall Subtenant shall, at its expense Subtenant's sole expense, keep and maintain only the roofPremises, downspoutsincluding, gutterswithout limitation, foundationinterior walls, utility lines located outside all windows (interior), window frames, plumbing fixtures within the Premises (such as water and drain lines, sinks, toilets, faucets, drains, showers, and water fountains; but excluding bathroom plumbing), electrical fixtures within the Premises (such as conduits outlets, and lighting fixtures, including lamps, bulbs, tubes, and ballasts), interior surfaces of the Premises, latches, locks, skylights (if any), and fire extinguishing equipment within the Premises, and all other interior improvements installed by or on behalf of Subtenant that are part of the Premises and are not required to be maintained by Sublandlord pursuant to Section 9(e). Subtenant will keep such items in good and clean condition and repair, including, without limitation, through a janitorial service contract (reasonably approved by Sublandlord), and by replacing such items as needed, and deliver to Sublandlord physical possession of the Premises at the termination of this Sublease or any sooner expiration thereof, in good condition and repair, reasonable wear and tear excepted. All repairs and replacements required of Subtenant shall be promptly made with new materials of like kind and quality. If the work affects the structural soundness elements of thethe Premises or if the estimated cost of any item of repair or replacement is in excess of One Thousand Dollars ($1,000), Subtenant shall first obtain Sublandlord's written approval of the scope of the work, the plans for the work, the materials to be used, and the contractor hired to perform the work. At Sublandlord's election, such maintenance responsibilities and charges shall be performed by Sublandlord and Subtenant shall reimburse Sublandlord as additional rent the cost of such maintenance responsibilities and charges. (b) Tenant Subject to reimbursement pursuant to Section 4(b) Sublandlord shall at its own cost maintain for the Building, with licensed repair and expense keep maintenance contractors: (i) a service contract for the maintenance of all heating, air conditioning, and maintain all parts ventilation equipment and (ii) a service contract for the maintenance of fire alarm and sprinkler systems. The HVAC contract shall provide for periodic inspections and servicing of the heating, air conditioning, and ventilation equipment at least once every ninety (90) days during the Term of the Sublease. (c) If at any time during the Term, including renewals or extensions thereof, Subtenant fails to maintain the Premises, make any repairs or replacements as required by this Section, Sublandlord shall have the right to, but shall not be required to, enter the Premises and perform the maintenance or make the repairs or replacements or enter into appropriate service contracts, as the case may be. Any sums expended by Sublandlord in so doing, together with interest at the lesser of ten percent (10%) per annum or the highest rate allowed by law, shall be deemed additional rent and shall be due from Subtenant promptly on demand of Sublandlord. (d) Subtenant waives the provisions of Civil Code 1941 and 1942 and any other law that would require Sublandlord to maintain the Premises in a tenantable condition or would provide Subtenant with the right to make repairs and deduct the cost of those repairs from the rent. (e) Subject to reimbursement pursuant to Section 4(b), and Master Landlord's obligations under the Master Lease, Sublandlord shall maintain the Common Areas, Building foundation, the exterior wall structure, and the roof, load-bearing portions of interior walls of the Building, (excluding wall coverings, painting, glass, and doors), Building systems (HVAC, water, sewer, electrical and plumbing) and bathroom and Building main plumbing repairs (but excluding repairs required due to Subtenant's misuse of facilities which may be completed by Sublandlord at Subtenant's expense, except those to the extent paid for which Landlord is expressly responsible by the proceeds of available property insurance carried or required to be carried by Sublandlord under the terms of this Sublease or Master Landlord under the terms of the Master Lease) ). Except as set forth in good conditionExhibit C, promptly making all necessary repairs Sublandlord will not be required to make any, and replacements, including, but not limited to, windows, glass and plate glass, doorsSubtenant shall be responsible for the cost of, any repair resulting from: any Alteration or modification to the Building or to mechanical equipment within the Building performed by, for, or because of Subtenant or to special office entryequipment or systems installed by, interior wallsfor, finish workor because of Subtenant; the installation, floors use, or operation of Subtenant's property, fixtures, and floor coveringequipment; the moving of Subtenant's property in or out of the Building or in and about the Premises; Subtenant's use or occupancy of the Premises in violation of Section 6 of this Sublease or in the manner not contemplated by the parties at the time of the execution of this Sublease; the acts or omissions of Subtenant and Subtenant's employees, heating agents, invitees, subtenants, licensees, or contractors; fire and air conditioning systemsother casualty, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal except as provided by this Sublease. Sublandlord shall have no obligation to make repairs under this Section until a reasonable time after receipt of trash and debriswritten notice from Subtenant of the need for repairs. Tenant shall not be obligated Subtenant waives any right to repair at the expense Of Sublandlord under any casualty covered by the insurance applicable governmental laws, ordinances, statutes, orders, or regulations now or later in effect. If Sublandlord's obligations under this Section would result in capital repairs or improvements to be maintained by Landlord pursuant to subparagraph 10(A) below. To the extent deemed necessary by Landlord, Landlord shall make available to Tenant for its use in effecting repairs, any warranties with respect to components of the Building. (c) Tenant shall enter into a maintenance contract providing for the periodic maintenance of all hot water, heating and air conditioning systems and units in the Premises, and removal and replacement of filters, and shall enter into a janitorial contract providing for the daily cleaning of the Premises. These contracts such costs shall be amortized in accordance with parties and upon such terms and conditions as shall be reasonably approved by Landlord. Tenant shall provide Landlord a copy of such contracts within thirty days of the Commencement DateSection 4(b)(ii)(b). (d) Tenant shall not damage any demising wall of the Building, or disturb the integrity and support provided by any demising wall and shall, at its sole cost and expense, promptly repair any damage or injury to any demising wall caused by Tenant or its employees, agents or invitees. (e) Tenant and its employees, customers and licensees shall have the non-exclusive right to use the parking areas as may be designated by Landlord in writing, subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking shall be available at the Building for the non-exclusive use of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent to the Building near the entrance to the Premises that shall be marked as spaces for visitors. Landlord shall not be responsible for enforcing Tenant's parking rights against any third parties. Landlord may require, at its option, in its sole discretion, that Tenant, its employees, invitees, and visitors use certain numbered spaces to be designated by Landlord.

Appears in 1 contract

Samples: Sublease Agreement (Andromedia Inc)

Repairs and Maintenance. (a) 7.1 Landlord's Obligations. Landlord shall at its expense maintain only the roofmaintain, downspoutsrepair, gutters, foundation, utility lines located outside the Premises replace and the structural soundness of the (b) Tenant shall at its own cost and expense keep and maintain all parts of the Premises (except those for which Landlord is expressly responsible under the terms of this Lease) in good conditionoperating and in a condition comparable to similar properties in the Fairfax, promptly making all necessary repairs and replacementsVirginia area, the Common Areas (as defined in Section 39 below) (including, but not limited towithout limitation, windowsthe lobbies, glass elevators, stairs, parking areas, grounds, loading areas and plate glasscorridors), doorsthe roofs, any special office entryfoundations, interior wallsload-bearing elements, finish work, floors conduits and floor covering, heating structural walls and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debris. Tenant shall not be obligated to repair any casualty covered by the insurance to be maintained by Landlord pursuant to subparagraph 10(A) below. To the extent deemed necessary by Landlord, Landlord shall make available to Tenant for its use in effecting repairs, any warranties with respect to components of the Building. (c) Tenant shall enter into a maintenance contract providing for the periodic maintenance of all hot water, heating and air conditioning systems and units in the Premises, and removal and replacement of filters, and shall enter into a janitorial contract providing for the daily cleaning of the Premises. These contracts shall be with parties and upon such terms and conditions as shall be reasonably approved by Landlord. Tenant shall provide Landlord a copy of such contracts within thirty days of the Commencement Date. (d) Tenant shall not damage any demising wall other structural elements of the Building, the underground utility and sewer pipes of the Buildings, all base building mechanical, electrical, plumbing, HVAC system and the sprinkler system and other fire and life-safety systems, the cost of which shall be included within Operating Costs except to the extent set forth in Section 9.6, hereof, provided that, (i) any capital repairs or disturb replacements to the integrity Building shall be conducted at Landlord's sole expense, except to the extent provided in clause (ii) below, and support provided in Section 9.6 of this Lease, and (ii) to the extent the need for any capital repairs or capital replacements arises as a the result of the negligence or willful misconduct of Tenant (or Tenant's agents, employees, contractors, invitees (while within the Premises), assignees or sub-tenants) and the same is not covered under the policies of casualty insurance which are required to be carried by any demising wall the parties pursuant to this Lease (in which case the proceeds of such insurance will be utilized to satisfy the cost thereof), the cost of such capital repairs or replacements shall be reimbursable by Tenant to Landlord as additional rent under this Lease, and shall, at such reimbursement shall be due not later than ten (10) business days after Landlord's written demand therefore. Any latent defects in the Buildings discovered by Tenant or Landlord within eighteen (18) months of the Commencement Date shall be timely repaired by Landlord as its sole cost and expense, promptly repair any damage or injury to any demising wall caused by Tenant or its employees, agents or inviteesexpense (and not as an Operating Cost). (e) Tenant and its employees, customers and licensees shall have the non-exclusive right to use the parking areas as may be designated by Landlord in writing, subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking shall be available at the Building for the non-exclusive use of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent to the Building near the entrance to the Premises that shall be marked as spaces for visitors. Landlord shall not be responsible for enforcing Tenant's parking rights against any third parties. Landlord may require, at its option, in its sole discretion, that Tenant, its employees, invitees, and visitors use certain numbered spaces to be designated by Landlord.

Appears in 1 contract

Samples: Sublease Agreement (Information Analysis Inc)

Repairs and Maintenance. 18.1 Landlord shall perform and construct, and Tenant shall have no responsibility to perform or construct, any repair, maintenance or improvements (a) Landlord shall at its expense maintain only the roof, downspouts, gutters, foundation, utility lines located outside the Premises and to the structural soundness and exterior portions of the the Building and Project, including foundations, exterior walls, load bearing walls, windows, plate glass, and roofing, and to the mechanical (HVAC), electrical, water, sewer, plumbing, fire sprinkler, and elevator systems of the Project, (b) Tenant shall at its own cost and expense keep and maintain all parts of the Premises (except those for which Landlord is expressly responsible under the terms of this Lease) in good condition, promptly making all necessary repairs and replacements, including, but not limited to, windows, glass and plate glass, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debris. Tenant shall not be obligated to repair any casualty covered necessitated by the insurance to be maintained by acts or omissions of Landlord pursuant to subparagraph 10(A) below. To the extent deemed necessary by Landlord, Landlord shall make available to Tenant for its use in effecting repairs, or any warranties with respect to components of the Building. (c) Tenant shall enter into a maintenance contract providing for the periodic maintenance of all hot water, heating and air conditioning systems and units in the Premises, and removal and replacement of filters, and shall enter into a janitorial contract providing for the daily cleaning of the Premises. These contracts shall be with parties and upon such terms and conditions as shall be reasonably approved by Landlord. Tenant shall provide Landlord a copy of such contracts within thirty days of the Commencement Date. (d) Tenant shall not damage any demising wall other occupant of the Building, or disturb their respective agents, employees or contractors, (c) for which Landlord has a right of reimbursement from others, (d) which could be treated as a "capital expenditure" under generally accepted accounting principles, and (e) to any portion of the integrity and support Project outside of the demising walls of the Premises, subject to reimbursement by Tenant as its Pro Rata Share of Operating Expenses to the extent provided by Section 7.1. However, subject to Section 21.9, if such maintenance or repairs are required because of any demising wall negligence or willful misconduct by Tenant, its agents, servants, employees or invitees, Tenant shall pay to Landlord the portion of such maintenance and repair costs attributable to Tenant's negligence or willful misconduct, unless such maintenance and repairs are covered by insurance carried by Landlord. 18.2 Except as otherwise set forth herein, Tenant shall, throughout the Term of this Lease, at its Tenant's sole cost and expense, promptly repair keep the Premises and every part thereof in good condition and repair. Tenant shall upon the expiration or earlier termination of the Term hereof surrender the Premises to Landlord in the same condition as when received, ordinary wear and tear, casualty, condemnation, alterations not required to be removed by Tenant and Hazardous Materials not required to be remediated by Tenant pursuant to Article 39 excepted. 18.3 There shall be no abatement of Rent and no liability of Landlord by reason of any damage or injury to or interference with Tenant's business arising from the making of any demising wall caused repairs, alterations or improvements in or to any portion of the Premises, or in or to improvements, fixtures, equipment and personal property therein, unless such injury or interference is unreasonable or is the result of Landlord's negligent or willful act or omission. If repairs or replacements become necessary which by Tenant or its employees, agents or invitees. (e) the terms of this Lease are the responsibility of Tenant and its employeesTenant fails to make the repairs or replacements, customers after reasonable written notice from Landlord and licensees shall have the non-exclusive right opportunity for Tenant to use the parking areas as may be designated by Landlord in writingmake such repairs or replacements, subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking shall be available at the Building for the non-exclusive use of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent do so pursuant to the Building near the entrance to the Premises that shall be marked as spaces for visitors. Landlord shall not be responsible for enforcing Tenant's parking rights against any third parties. Landlord may require, at its option, in its sole discretion, that Tenant, its employees, invitees, and visitors use certain numbered spaces to be designated by Landlordprovisions of Section 24.3.

Appears in 1 contract

Samples: Lease (Nastech Pharmaceutical Co Inc)

Repairs and Maintenance. (a) Landlord shall at its expense maintain only the roof, downspouts, gutters, foundation, utility lines located outside the Premises and the structural soundness of the (b) Tenant shall maintain, repair, or replace (and so deliver at its own cost and expense keep and maintain all parts the end of the Premises (except those for which Landlord is expressly responsible under Lease Term) each and every part of the terms of this Lease) in good conditionDemised Premises, promptly making including without limitation, all necessary repairs and replacements, including, but not limited to, windows, glass and plate interior glass, interior doorways and doors, any special office entry, interior walls, finish workinterior ceilings, floors interior floors, plumbing from the point at which it departs from the water or sewer mains, electrical, HVAC, fire protection sprinklers from the point at which they depart from the sprinkler main, and floor coveringall equipment located within the Demised Premises, heating all equipment or other items on the roof that serve the Demised Premises, all equipment in the dock areas serving the Demised Premises (such as Tenant’s electrical services, gas services, etc.) and air conditioning systemsall equipment serving the dock areas that are part of the Demised Premises (including dock levelers, dock boardsseals and rear canopies, truck doorsbut excluding the standard dock doors that are furnished by Landlord for each dock) in the same state of first class repair and condition as it had been on the Commencement Date, dock bumpersand shall make at Tenant’s sole cost and expense such replacements, plumbing restorations, renewals or repairs, in quality equivalent to the original work replaced, as may be required to so maintain the same, ordinary wear and fixtures tear only excepted, unless such unsatisfactory state of repair and regular removal condition is caused solely by the gross negligence or willful misconduct of trash the Landlord or Landlord’s employees, agents or contractors. Equipment servicing the Demised Premises that is located outside the Demised Premises shall be maintained by Tenant if it was installed by the Tenant or by the Landlord as part of Landlord’s Work (e.g. HVAC equipment located on the roof). Tenant shall make no exterior or interior alterations, except for (1) alterations other than as required pursuant to Tenant’s obligations to make repairs and debrismaintain the Demised Premises; and (2) cosmetic, non-structural alterations, such as painting, carpeting, and wall papering, costing less than $10,000 per alteration or series of alterations (such alterations requiring written notice to Landlord, but not Landlord’s written consent), without Landlord’s prior written consent, and in any case, all work performed by Tenant shall be done in a good and workmanlike manner, and so as not to disturb or inconvenience other tenants in the Building or on the Property. Tenant shall not be obligated to repair at any casualty covered by the insurance time permit any work to be maintained performed on the Demised Premises except by duly licensed contractors or artisans, each of whom must carry general public liability insurance, in such amounts as are reasonably directed by Landlord pursuant to subparagraph 10(A) below. To the extent deemed necessary by Landlordand under which Landlord is an additional insured, Landlord shall make available to Tenant for its use in effecting repairs, any warranties with respect to components certificates of the Building. (c) Tenant shall enter into a maintenance contract providing for the periodic maintenance of all hot water, heating and air conditioning systems and units in the Premises, and removal and replacement of filters, and shall enter into a janitorial contract providing for the daily cleaning of the Premises. These contracts which shall be with parties and upon such terms and conditions as shall be reasonably approved by furnished to Landlord. Tenant shall provide Landlord a copy of such contracts within thirty days of the Commencement Date. (d) Tenant shall not damage any demising wall of the Building, or disturb the integrity and support provided by any demising wall and shall, at its sole cost and expense, promptly repair any damage or injury to any demising wall caused by At no time may Tenant or its employeesTenant’s contractors, agents or invitees. (e) employees do any work that results in a claim of lien against the Demised Premises or any other property of the Landlord. Upon termination of the Lease or vacation of the Demised Premises by Tenant, Tenant shall restore at Tenant’s sole expense the Demised Premises to the same condition as existed at the completion of Landlord’s Work, ordinary wear and its employeestear only excepted; provided, customers and licensees shall have the non-exclusive right to use the parking areas as may be designated by Landlord in writinghowever, subject to reasonable rules and regulations as that Landlord may from time elect to time prescribe and subject require Tenant to rights of ingress and egress of other tenants. Parking shall be available at the Building for the non-exclusive use of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent to the Building near the entrance to the Premises that shall be marked as spaces for visitors. Landlord shall not be responsible for enforcing leave alterations performed by Tenant's parking rights against any third parties. Landlord may require, at its option, in its sole discretion, that Tenant, its employees, invitees, and visitors use certain numbered spaces to be designated by Landlord.

Appears in 1 contract

Samples: Lease Agreement (Interpace Biosciences, Inc.)

Repairs and Maintenance. (a) Landlord shall The Tenant shall, at it own cost and expense, make all repairs and replacements to the Leased Premises, except structural (structural defined as load bearing walls, steel, foundation and roof structure not including roof membrane), including the maintenance of same as the same may be required during the term of this Lease, provided that any damage to the foregoing is not caused by the negligence or other such intentional act of the Landlord, its expense maintain only the roofservants, downspouts, gutters, foundation, utility lines located outside the Premises and the structural soundness of theemployees or agents. (b) The Tenant covenants and agrees that it shall not cause or permit any waste (other than reasonable wear and tear), damage, disfigurement or injury to the Leased Premises, or any overloading of the floors of the building constituting part of the Leased Premises. (c) The Tenant expressly covenants and agrees at its sole expense to replace with similar quality glass any broken glass in the windows, doors or other apertures of the Leased Premises which may become damaged or injured. (i) The Landlord, at Tenant's cost and expense based on Tenant's proportionate share per Section 3(c), shall maintain, repair and keep free and clear of ice and snow, the driveways and parking areas. (ii) The Tenant shall at its coat and expense, maintain, repair and keep free and clear of ice and snow the sidewalks, steps and approach sidewalks to the Leased Premises; and the Tenant shall further, at its own cost and expense expense, keep and maintain all parts the exterior of the Leased Premises free and clear of paper and other debris so as to keep same in a good and orderly manner as reasonably prescribed by Landlord. (except those for which iii) In the event the Landlord is expressly responsible expends any amounts in fulfilling the Tenant's obligation herein, then the Tenant shall pay as additional rent its proportionate share of such amounts expended as provided under the terms formula in Article 3 hereof. (i) The Landlord agrees to maintain the roof membrane of the Leased Premises for the Tenant upon the payment by the Tenant of the sum of $100.00 per month during the first five (5) years of the term of this LeaseLease and $120.00 per month during the last five (5) in good condition, promptly making all necessary years of the term. The maintenance of the roofing membrane shall consist of a combination of inspections and repairs and replacements, including, but not limited to, windows, glass and plate glass, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debrisas Landlord deems necessary. Tenant shall not be obligated immediately notify the Landlord in writing of any leaks or damage to repair any casualty covered by the insurance to be maintained by Landlord pursuant to subparagraph 10(A) below. To roof membrane and the extent deemed necessary by Landlord, Landlord shall make available use his best efforts to correct same. However, the Landlord assumes no responsibility for any damage to Tenant's property or any third party's property held by Tenant in the Leased Premises for its use in effecting repairs, any warranties with respect to components of the Buildingreason or causes whatsoever. (cii) It is further understood and agreed that should the Tenant elect to maintain the roof, then the payment under (i) above shall enter into a maintenance contract providing for the periodic maintenance of all hot water, heating and air conditioning systems and units in the Premises, and removal and replacement of filters, and shall enter into a janitorial contract providing for the daily cleaning of the Premises. These contracts shall be with parties and upon such terms and conditions as shall be reasonably approved by Landlord. Tenant shall provide Landlord a copy of such contracts within cease thirty days after receipt of written notice by the Commencement DateLandlord from the Tenant; and Landlord shall have no further obligations to maintain the roof membrane on behalf of Tenant. (df) The Landlord shall contract for and xxxx the Tenant its proportionate share for all landscape maintenance as to Premises as described above, such maintenance shall not damage any demising wall conform with existing standards set forth by Xxxxxxx Xxxxxxxxxx Xxxx, Xxxxxxx, Xxx Xxxxxx. Tenant, upon receipt of the Buildingsaid xxxx, or disturb the integrity and support provided by any demising wall and shallshall promptly pay same. Such amount shall be treated as additional rent due hereunder. Additionally, Landlord, at its sole cost and expense, promptly shall maintain in good condition and repair any damage the foundation, structural supports, exterior walls (excluding store fronts, doors or injury to any demising wall caused by Tenant or its employeesdoor frames, agents or invitees. (ewindows, window glass and plate glass) Tenant and its employeesexterior painting. Landlord, customers at Tenant's proportionate share of the cost and licensees expense, shall have maintain and repair the non-exclusive right to use the parking areas as may be designated by Landlord in writing, subject to reasonable rules unexposed and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking shall be available at the Building for the non-exclusive use of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent exterior electrical systems to the Building near the entrance point of entry to the Premises and the sewer lines serving the Premises provided that if Tenant's proportionate share of any such maintenance or repair shall exceed $25,000.00 per occurrence the amount of the repair will be amortized over the useful life of the system so repaired and Tenant shall be marked responsible to pay to Landlord that portion of the amortized cost as spaces for visitorsis attributable to the remaining term of this Lease. Except in the event of any emergency, Landlord shall not be responsible liable to Tenant for enforcing Tenant's parking rights against any third parties. failure to make repairs as herein specifically required unless Tenant has previously notified Landlord may require, at its option, in its sole discretion, that Tenant, its employees, invitees, writing of the need for such repairs and visitors use certain numbered spaces Landlord has failed to be designated by Landlordcommence and complete said repairs within a reasonable period of time following receipt of such notification.

Appears in 1 contract

Samples: Lease Agreement (Gutbusters Pty LTD)

Repairs and Maintenance. (a) Landlord 8.1 By taking possession of the Premises, Tenant shall at its expense maintain only the roof, downspouts, gutters, foundation, utility lines located outside accept the Premises and as being in the structural soundness of the (b) Tenant shall at its own cost and expense keep and maintain all parts of the Premises (except those for condition in which Landlord is expressly responsible under obligated to deliver them and otherwise in good order, condition and repair, subject to punch list items to be installed, completed or repaired by Landlord within mutually agreeable time frames ("Punch List") as contained in an itemized listing which must be submitted, if at all, by Tenant to Landlord within thirty (30) of the terms of Commencement Date. Notwithstanding the foregoing, concerning Tenant's acceptance and any other waivers contained elsewhere in this Lease) in good condition, promptly making all necessary repairs and replacements, including, but not limited to, windows, glass and plate glass, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debris. Tenant shall not be obligated deemed to repair have waived claims or rights against Landlord for any casualty covered latent defects in the Building or the Premises which, by their nature, are not reasonably discoverable within such thirty (30) day period. As to such defects, Tenant shall have thirty (30) days from the insurance date of actual discovery to be maintained by notify Landlord pursuant to subparagraph 10(A) below. To the extent deemed necessary by Landlordin writing of claims for latent defects, and Landlord shall make available to Tenant for its use in effecting repairs, any warranties with respect to components of the Building. (c) Tenant shall enter into a maintenance contract providing for the periodic maintenance of all hot water, heating and air conditioning systems and units in the Premises, and removal and replacement of filters, and shall enter into a janitorial contract providing for the daily cleaning of the Premises. These contracts shall be with parties and upon thereafter take such terms and conditions steps as shall may be reasonably approved by Landlordnecessary to resolve such issues. Subject to the provisions of Section 22 below, Tenant shall provide Landlord a copy of such contracts within thirty days of the Commencement Date. (d) Tenant shall not damage any demising wall of the Building, or disturb the integrity and support provided by any demising wall and shall, at its all times during the term hereof and, at Tenant's sole cost and expense, promptly repair keep the Premises and every part thereof in good order, condition and repair. It is hereby understood and agreed that Landlord has no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any damage part thereof, except as specified in Section 22 below or injury in the Work Agreement, and that no representations relating to the condition of the Premises, the Building or the Project have been made by Landlord (or any demising wall caused employee or agent thereof) to Tenant, except as may be expressly set forth in this Lease. 8.2 Subject to the provisions of Section 8.1. above and Section 22 below, Landlord shall maintain the common areas, the foundation and structural portions of the Building, and the Building systems providing the services and utilities to be furnished by Landlord pursuant to Section 13.1. below, in reasonably good order and condition and repair. 8.3 Landlord shall be responsible for compliance of the Project (excluding the interior of the Premises) with the Americans With Disabilities Act and any similar state or other federal laws (collectively, the "ADA Xxxx") xn effect on the Commencement Date of the Lease; provided, however, Landlord shall be responsible for any emergency exit signs located within the Premises and for the bathrooms within the Premises. Landlord shall be responsible for the Project's compliance with any modifications, revisions or changes in such laws which are effective after the Commencement Date provided that the necessity for complying with such laws is a result of a "Compliance Triggering Event" (as hereinafter defined). For the purposes hereof, a "Compliance Triggering Event" shall mean any of the following (a) receipt by Landlord, Tenant or its employeesany tenant of a notice from any governments agency or authority (federal, agents state or invitees. local) requiring that the Project of any portion thereof comply with the ADA Xxxx, (ex) Tenant and its employeesthe making, customers and licensees shall have filing or threatening to make or file a claim of action arising, in whole or in part, out of alleged non-compliance of the Project, or any portion thereof, with the ADA Xxxx, (x) the non-exclusive right to use compliance of the parking areas as may be designated Project or any portion thereof with the ADA Xxxx xxxsing a default under any loan secured by Landlord in writingthe Project, subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights or (d) any actions of ingress and egress of other tenants. Parking shall be available at the Building for the non-exclusive use of Landlord, Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent or any tenant with respect to the Building near Property that cause any of the entrance foregoing to the Premises that shall be marked as spaces for visitors. Landlord shall not be responsible for enforcing Tenant's parking rights against any third parties. Landlord may require, at its option, in its sole discretion, that Tenant, its employees, invitees, and visitors use certain numbered spaces to be designated by Landlordoccur.

Appears in 1 contract

Samples: Lease Agreement (Private Business Inc)

Repairs and Maintenance. (a) Landlord shall at its expense maintain only the roof, downspouts, gutters, foundation, utility lines located outside the Premises and the structural soundness of the (b) Tenant shall at its own cost and expense keep and maintain all parts of the Premises (except those for which Landlord is expressly responsible under the terms of this Lease) in good condition, promptly making all necessary repairs and replacements, including, but not limited to, windows, glass and plate glass, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debris. Tenant shall not be obligated to repair any casualty covered by the insurance to be maintained by Landlord pursuant to subparagraph 10(A) below. To the extent deemed necessary by Landlord, Landlord shall make available to Tenant for its use in effecting repairs, any warranties with respect to components of the Building. (c) Tenant shall enter into a maintenance contract providing Except for the periodic maintenance obligations of all hot waterLandlord set forth in Section 6.03, heating and air conditioning systems and units in the Premises, and removal and replacement of filters, and shall enter into a janitorial contract providing for the daily cleaning of the Premises. These contracts shall be with parties and upon such terms and conditions as shall be reasonably approved by Landlord. Tenant shall provide Landlord a copy of such contracts within thirty days of the Commencement Date. (d) Tenant shall not damage any demising wall of the Building, or disturb the integrity and support provided by any demising wall and shallTenant, at its sole cost and expense, promptly repair any damage or injury shall keep, manage and maintain all portions of the Premises in a first class manner. Tenant’s obligations under this Article apply to any demising wall caused by Tenant or its employeesall interior and exterior areas of the Premises, agents or invitees. (e) Tenant all structural and its employees, customers and licensees shall have the non-exclusive right structural elements, and include, but are not limited to, heating, air conditioning and ventilating systems, plumbing and electrical systems, communications systems and elevators. Tenant’s obligations to use maintain the parking areas as may be designated by Landlord in writingPremises under this Article shall include the obligation to repair, subject to reasonable rules restore and regulations as Landlord may replace elements of the Premises from time to time prescribe in order to keep the Premises in a first class condition. Tenant shall maintain a schedule outlining expected future repairs, replacements and subject capital improvements for the Premises and the timeframe in which such matters are expected to rights of ingress be accomplished (the “Repair, Replacement and egress of other tenantsCapital Improvement Schedule”) in accordance with Section 7.03. Parking As a helpful reference, an Anticipated Future Average Useful Life Schedule is attached hereto as Exhibit CE 6 – Anticipated Future Average Useful Life Schedule attached to the Affiliation Agreement, as the same may be amended from time to time, and which is incorporated by reference herein. Tenant’s obligations under this Article shall apply to all maintenance matters, ordinary and extraordinary, and foreseen and unforeseen. Any repairs performed by Tenant shall be available at the Building least equal in quality and class required for the non-exclusive use of original Work. Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent to the Building near the entrance to manage and maintain the Premises that shall be marked as spaces for visitors. Landlord would a prudent owner and shall not be responsible for enforcing Tenant's parking rights against commit, or allow any third parties. Landlord may require, at its option, in its sole discretion, that Tenant, of its employees, inviteestenants, visitors, invitees or other occupants of the Premises to commit, any waste or any nuisance on the Premises, or permit any part of the Premises to be used for any dangerous, obnoxious or offensive trade or business, and visitors use certain numbered spaces shall not permit any damaged structures to be designated by Landlordremain on the Premises for any unreasonable period of time. Except as set forth in Section 6.03, Landlord shall have no obligations with respect to the management or maintenance of the Premises.

Appears in 1 contract

Samples: Lease Agreement

Repairs and Maintenance. (a) 19.1 Landlord shall repair and maintain in good condition and repair the Buildings and the Common Areas, including, without limitation, grounds, roofing and covering materials, foundations, exterior walls, plumbing, fire sprinkler systems (if any), heating, ventilating, air conditioning, elevators, and electrical systems. Notwithstanding anything to the contrary in this Lease, Landlord shall have no responsibility to maintain or repair any vivarium(s) or data center(s). Tenant shall have sole responsibility to maintain and repair any vivarium(s) and data center(s). Landlord shall maintain the Common Areas in accordance with its property maintenance protocols as established from time to time in accordance with Landlord’s reasonable determinations of appropriate property maintenance protocols. Upon Tenant’s request, Landlord shall explain such protocols and consider Tenant’s comments. Any actual out-of-pocket costs related to the repair or maintenance activities specified in this Section 19.1 shall be included as a part of Operating Expenses subject to the CAM Pools, except Tenant shall pay for such repairs and maintenance to the extent that such repairs and maintenance are: (i) required in whole or in part because of any negligent act, neglect, fault or omissions of Tenant (where there is a duty to act), its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the cost of such repairs and maintenance; and (ii) not paid out of insurance proceeds. Landlord shall perform all work and have its contractors perform all work in accordance with Applicable Laws. 19.2 Except for services of Landlord, if any, required by Section 19.1 and elsewhere in this Lease, Tenant shall at its Tenant’s sole cost and expense maintain only the roof, downspouts, gutters, foundation, utility lines located outside and keep the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear, insured casualty and permitted alterations excepted. Tenant shall, upon the structural soundness of the (b) Tenant shall at its own cost and expense keep and maintain all parts expiration or sooner termination of the Term, surrender the Premises (except those to Landlord in as good of a condition as when received, ordinary wear and tear and insured casualty excepted. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter and this Lease. 19.3 Landlord shall not be liable for which any failure to make any repairs or to perform any maintenance that is an obligation of Landlord is expressly responsible under unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. Subject to the terms of this Lease, Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. Notwithstanding the foregoing, if Landlord fails to commence to make any necessary repair in any Building of which Tenant is the sole tenant (other than completion of any Punchlist Item or repair of any Defect in Landlord’s Work, which is governed by Section 4.5), that is Landlord’s obligation under this Lease within fifteen (15) days after Tenant has reported to Landlord the need for such repair, or fails to diligently proceed to complete such repair, and does not commence to remedy such failure within five (5) business days after further written notice from Tenant, referring to this paragraph and Tenant’s right to perform Self-Help Work, then Tenant may make such repairs as Self-Help Work, and the parties shall then have the same rights and obligations (subject to the same restrictions, except Tenant’s obligation to give prior notices or allow the passage of any cure periods) as set forth in good conditionArticle 4 for Self-Help Work. In the event of an emergency on the Premises, promptly making all necessary repairs Tenant may perform Self-Help Work within any Building of which Tenant is the sole tenant if in its reasonable determination such Self-Help Work is necessary. The reasonable cost and replacementsexpense of such emergency Self-Help Work will be reimbursable by Landlord within thirty (30) business days of its receipt of an invoice from Tenant as long as Tenant did not cause the emergency. In the event Tenant and Landlord shall disagree as to the party responsible for the emergency they shall resolve the dispute through arbitration under Article 50. 19.4 Repairs under this Article 19 that are obligations of Landlord, including, but not limited to, windows, glass and plate glass, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debris. Tenant shall not be obligated to repair any casualty covered by the insurance to be maintained including amounts paid by Landlord pursuant to subparagraph 10(A) below. To Section 19.3, are subject to allocation among Tenant and other tenants as Operating Expenses to the extent deemed necessary by Landlordthey are included in the definition thereof, Landlord shall make available except as otherwise provided in this Article 19. 19.5 This Article 19 relates to Tenant for its use repairs and maintenance arising in effecting repairs, any warranties with respect to components the ordinary course of operation of the Building. (c) Tenant shall enter into a maintenance contract providing for Buildings and the periodic maintenance Project and any related facilities. In the event of all hot waterfire, heating and air conditioning systems and units in the Premisesearthquake, and removal and replacement flood, vandalism, war, terrorism, natural disaster or similar cause of filters, and shall enter into a janitorial contract providing for the daily cleaning of the Premises. These contracts shall be with parties and upon such terms and conditions as shall be reasonably approved by Landlord. Tenant shall provide Landlord a copy of such contracts within thirty days of the Commencement Date. (d) Tenant shall not damage any demising wall of the Building, or disturb the integrity and support provided by any demising wall and shall, at its sole cost and expense, promptly repair any damage or injury to any demising wall caused by Tenant or its employeesdestruction, agents or inviteesArticle 23 shall apply in lieu of this Article 19. (e) Tenant and its employees, customers and licensees shall have the non-exclusive right to use the parking areas as may be designated by Landlord in writing, subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking shall be available at the Building for the non-exclusive use of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent to the Building near the entrance to the Premises that shall be marked as spaces for visitors. Landlord shall not be responsible for enforcing Tenant's parking rights against any third parties. Landlord may require, at its option, in its sole discretion, that Tenant, its employees, invitees, and visitors use certain numbered spaces to be designated by Landlord.

Appears in 1 contract

Samples: Lease Agreement (Acorda Therapeutics Inc)

Repairs and Maintenance. (a) 18.1. Landlord shall at its expense repair and maintain only the roof, downspouts, gutters, foundation, utility lines located outside structural and exterior portions and Common Area of the Premises Building and the Project, including, without limitation, roofing and covering materials; foundations (excluding any architectural slabs, but including any structural soundness of the slabs); exterior walls; plumbing; fire sprinkler systems (b) Tenant shall at its own cost and expense keep and maintain all parts of if any); base Building HVAC systems up to the first damper or isolation valve that serves the Premises (except those for which Landlord is expressly responsible under purposes of clarity, the terms of this Lease) in good condition, promptly making all necessary repairs and replacements, including, but not limited to, windows, glass and plate glass, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debris. Tenant shall not be obligated to repair any casualty covered by the insurance to be maintained by Landlord pursuant to subparagraph 10(A) below. To the extent deemed necessary by Landlord, Landlord shall make available to Tenant for its use in effecting repairs, any warranties with respect to components portion of the Building. (c) Tenant shall enter HVAC system that includes such first damper or isolation valve and extends into a maintenance contract providing for the periodic maintenance of all hot water, heating and air conditioning systems and units in through the Premises, and removal and replacement any supplemental HVAC serving the Premises shall not be part of filters, the base Building HVAC and shall enter into a janitorial contract providing for be Tenant’s obligation to maintain and repair pursuant to Section 18.2 below); elevators; and base Building electrical systems installed or furnished by Landlord. The Common Areas shall be maintained in good order and condition and in compliance with the daily cleaning ADA except to the extent compliance is required due solely to any Alterations, the Tenant Improvements, or Tenant’s particular use of the Premises, as opposed to office use generally. 18.2. These contracts Except for services of Landlord, if any, required by Section 18.1, Tenant shall be with parties at Tenant’s sole cost and upon such terms expense maintain and conditions as shall be keep the Premises (including but not limited to the portion of the HVAC system that includes the first damper or isolation valve and extends into and through the Premises, any supplemental HVAC serving the Premises, and any other systems or equipment exclusively serving the Premises) and every part thereof in good condition and repair, damage thereto from ordinary wear and tear and damage by casualty excepted, and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably approved by Landlordrequests. Tenant shall provide Landlord a copy of such contracts within thirty days shall, upon the expiration or sooner termination of the Commencement Date. (d) Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear and damage by casualty excepted and the Tenant shall not damage any demising wall Improvements in substantially the same condition as existed upon Substantial Completion of the Building, or disturb Tenant Improvements (as the integrity and support provided by any demising wall same may be modified during the Term in accordance with this Lease); and shall, at its Landlord’s request and Tenant’s sole cost and expense, promptly remove all telephone and data systems, wiring and equipment from the Premises (with respect to wiring, only to the extent installed by a Tenant Party (as defined below)), and repair any damage or injury to any demising wall caused by Tenant or its employees, agents or invitees. (e) Tenant and its employees, customers and licensees shall have the non-exclusive right to use the parking areas as may be designated by Landlord in writing, subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking shall be available at the Building for the non-exclusive use of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent to the Building near the entrance to the Premises that caused thereby. Landlord shall be marked as spaces for visitorshave no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter. 18.3. Landlord shall not be responsible liable for enforcing 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 and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant's parking rights against any third parties. Landlord may require’s obligations under this Lease; provided, at its option, in its sole discretionhowever, that to the extent such excavation prevents Tenant from ingress or egress to or from the Premises, prevents Tenant from use of the Premises, or otherwise renders the Premises untenantable for a period longer than thirty (30) days, then the Rent shall be abated proportionately to reflect the portion of the Premises that Tenant is unable to use (and such abatement shall be Tenant’s sole and exclusive remedy against Landlord). 18.5. This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, its employeesArticle 24 shall apply in lieu of this Article. In the event of eminent domain, inviteesArticle 25 shall apply in lieu of this Article. 18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses, and visitors use certain numbered spaces except to be designated by the extent such costs are due to Landlord’s gross negligence or willful misconduct.

Appears in 1 contract

Samples: Lease (Epizyme, Inc.)

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