Repairs and Maintenance. 18.1 Landlord shall repair and maintain the structural and exterior portions and Common Area of the Building and the Project, including but not limited to roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed or furnished by Landlord. 18.2 Except for services of Landlord, if any, required by Section 18.1, and subject to Landlord’s obligations under this Lease, Tenant shall at Tenant’s sole cost and expense maintain and keep the interior of the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear or from casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below), and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear and damage by casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises installed by Tenant, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter. 18.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease except to the extent that (a) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance, or (b) such failure arises from Landlord’s gross negligence or willful misconduct. Tenant shall provide written notice to Landlord of any needed maintenance or repairs which Landlord is obligated to perform under this Lease, and Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible after receipt of such notice. 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 obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the Premises. 18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article. 18.6 Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. 18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section within thirty (30) days of invoice.
Appears in 1 contract
Samples: Lease (NanoString Technologies Inc)
Repairs and Maintenance. 18.1 (a) Except with respect to Landlord Repairs (as defined below), Tenant, at Tenant’s expense, shall repair keep and maintain the structural Premises in good order and exterior portions condition including promptly making all repairs necessary to keep and Common Area 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 ProjectPremises. 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 but not limited to roofing inspection and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed or furnished by Landlord.
18.2 Except for services of Landlord, if any, required by Section 18.1maintenance on at least a semiannual basis, and subject to provide Landlord with a copy thereof. Within 5 business days after Landlord’s obligations under this Leasewritten request, Tenant shall at 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 sole cost Supplemental HVAC and expense maintain and keep the interior of the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear or from casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below), and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear and damage by casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; and shall, at Landlord’s request and Alterations shall be Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises installed by Tenant, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter.
18.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease except to the extent that (a) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance, or (b) such failure arises from Landlord’s gross negligence or willful misconduct. Tenant shall provide written notice to Landlord of any needed maintenance or repairs which Landlord is obligated to perform under this Lease, and Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible after receipt of such notice. 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 obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the Premises.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of an emergency, such as a casualty described burst waterline or act of God, Landlord shall have the right to make repairs for which Tenant is responsible hereunder (at Tenant’s cost) without giving Tenant prior notice, but in Article 24such case Landlord shall provide notice to Tenant as soon as practicable thereafter, Article 24 and Landlord shall apply take commercially reasonable steps to minimize the costs incurred.
(b) Landlord, at Landlord’s expense (except to the extent such expenses are includable in lieu Project Expenses), shall make all necessary repairs to: (i) the footings and foundations and the structural elements of the Building; (ii) the roof of the Building; (iii) the HVAC, plumbing, elevators (if any), electric, fire protection and fire alert systems within the Building core from the core to the point of connection for service to the Premises, but specifically excluding Tenant’s Supplemental HVAC and Alterations; (iv) the Building exterior; and (v) the Common Areas (collectively, “Landlord Repairs”). Any provision of this 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.
18.7 Notwithstanding anything Lease to the contrary in this Leasenotwithstanding, in the event of emergency that results in an interruption in services any repairs to the Premises that has Project or any portion thereof made necessary by the reasonable potential to become a material interference 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 operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) waivers set forth in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and Section 12(c).
(c) The parties agree it is in exercising its rights under this Section 18.7their mutual best interest that the Building and Premises be operated and maintained in a manner that is environmentally responsible, Tenant shall be solely responsible forfiscally prudent, and shall reimburseprovides a safe and productive work environment. Accordingly, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to conduct its operations in the Building and within the Premises to: (1) minimize interference to the extent reasonably feasible: (i) direct and indirect energy consumption and greenhouse gas emissions; (ii) water consumption; (iii) the amount of material entering the waste stream; and (iv) negative impacts upon the indoor air quality of the Building; and (2) permit the Building to maintain its LEED rating and an Energy Star label, to the extent applicable. Landlord shall 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 permitted). At all times, Tenant shall comply with the rights Encino Trace Tenant Building Standards Agreement Pertaining to Austin Energy Green Building Requirements, a copy of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section which is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section within thirty (30) days of invoice.attached hereto as Exhibit F.
Appears in 1 contract
Samples: Lease (Mirna Therapeutics, Inc.)
Repairs and Maintenance. 18.1 14.01 Tenant shall take good care of the Demised Premises and the fixtures and appurtenances therein, and at its sole cost and expense shall make all repairs thereto, as and when needed to preserve them in good working order and condition except as otherwise provided in Section 14.02 hereof. In addition, Tenant, at its expense, shall promptly make all repairs, ordinary or extraordinary, interior or exterior, structural or otherwise, in and about the Demised Premises and the Building as shall be required by reason 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 Building, or (iv) the misuse or neglect of Tenant or any of its employees, agents or contractors. Tenant shall not be responsible, and Landlord shall repair be responsible, for any repairs to the Demised Premises as are required by reason of Landlord’s neglect or other fault in the manner of performing any Work provided for in Article 3 which Landlord is to perform in Tenant’s Changes which may be undertaken by Landlord for Tenant’s account or are otherwise required by reason of neglect or other fault of Landlord or its employees, agents or contractors.
14.02 Landlord shall keep and maintain the structural Building, common areas, the common restrooms and exterior portions its fixtures, appurtenances, systems and Common Area of facilities (including the Building heating, ventilating and air-conditioning systems and the Projectcentral 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 roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed or furnished by Landlordthe provisions of Article 22.
18.2 14.03 Except for services of Landlord, if any, required by Section 18.1, and subject to Landlord’s obligations under as expressly otherwise provided in this Lease, Tenant shall at Tenant’s sole cost and expense maintain and keep the interior of the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear or from casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below), and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear and damage by casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises installed by Tenant, and repair any damage to the Premises caused thereby. Landlord shall have no obligation liability to alterTenant by reason of any inconvenience, remodelannoyance, improve, repair, decorate interruption or paint the Premises injury to business arising from Landlord or any part thereof, other than pursuant to the terms and provisions of the Work Letter.
18.3 Landlord shall not be liable for any failure to make 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 maintenance portion of the Building or Demised Premises, or in to the fixtures, equipment or appurtenances of the Building or the Demised Premises, provided that is Landlord’s obligation pursuant Landlord shall be reasonably diligent with respect thereto and shall perform such work, except in case of emergency, at times reasonably convenient to this Lease except Tenant and otherwise in such manner and to the extent that (a) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance, or (b) such failure arises from Landlord’s gross negligence or willful misconduct. Tenant shall provide written notice to Landlord of any needed maintenance or repairs which Landlord is obligated to perform under this Lease, and Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs practical as soon as reasonably possible after receipt of such notice. 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 obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference will not unreasonably interfere with Tenant’s use and occupancy of the Demised Premises.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.
18.7 Notwithstanding anything to the contrary 14.04 When used in this Lease, in Lease the event of emergency that results in an interruption in services term “repair” shall be deemed to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, include restoration and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action and perform such work replacements as is reasonably may be necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, achieve and/or maintain good working order and (c) in exercising its rights under this Section 18.7, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section within thirty (30) days of invoicecondition.
Appears in 1 contract
Repairs and Maintenance. 18.1 Landlord (a) OWNER SHALL BE RESPONSIBLE FOR REPAIR AND MAINTENANCE OF THE FOUNDATION, FLOORS (BENEATH THE CARPET OR OTHER FLOOR COVERING), ROOF, THE EXTERIOR WALLS (EXCLUDING ALL GLASS WINDOWS, WINDOW 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 repair use, operate and maintain the structural Premises and its systems including all fixtures and equipment, whether installed by Tenant or Owner, in such manner as to keep the same in good order and condition, making all repairs and replacements necessary to maintain such good order and condition all at Tenant's expense, including but not limited to, plumbing from the wall stubs, electrical service from the wall box, sewer, water and heating pipes from the exterior portions wall, heating, ventilation and Common Area air conditioning systems, and all glass. The performance by Tenant of its obligations to maintain the Building Premises shall be conducted only by contractors approved in writing by Owner, it being understood that Tenant shall procure and the Projectmaintain 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 limited to roofing and covering materials; foundations Workmen's Compensation Insurance (excluding 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 architectural slabsrepair within fifteen (15) days after the occurrence of the damage necessitating same, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems or fails to cause other maintenance to be performed within fifteen (if any); HVAC systems; elevators; and electrical systems installed 15) days after notice from Owner of the need therefor, Owner at its option may make such repair, or furnished by Landlord.
18.2 Except for services of Landlord, if any, required by Section 18.1cause such other maintenance to be performed, and subject to Landlord’s obligations under 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 at Tenant’s sole cost deliver up the Premises including all Alterations (except as otherwise herein provided), in good repair and expense maintain condition, reasonable wear and keep tear excepted, and shall deliver to Owner all keys to the interior Premises.
(c) Tenant shall give Owner prompt written notice of any damage to or defects in, the Premises and every part thereof in good condition the plumbing, electrical, heating, air conditioning and repair, damage thereto from ordinary wear other systems and tear apparatus located in the Premises. The obligation to repair such damages or from casualty and eminent domain excepted (subject defects shall be as stated in this paragraph 15. In no event shall Owner be obligated to the terms of Sections 24 and 25 below), and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear and damage by casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises installed by Tenant, and repair any damage to the Premises or the Building caused therebyby any act, omission or negligence of Tenant or Tenant Parties. Landlord Tenant shall have no obligation reimburse Owner for all costs and expenses of repairing and replacing all damage to alter, remodel, improve, repair, decorate or paint the Premises and Building and to fixtures and equipment caused by Tenant or Tenant Parties or as the result of all or any part thereofof them moving in or out of Building or by installation or removal of furniture, fixtures or other than pursuant property. Such costs and expenses shall be paid by Tenant to Owner on demand, with interest thereon at the terms and provisions of Reimbursement Interest Rate from the Work Letterdue date until paid.
18.3 Landlord (d) Owner shall not be liable for by reason of any failure injury to make or interference with Xxxxxx's business arising from the making of any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease except alterations in or to the extent that (a) such failure Premises or the Building or to any appurtenances or equipment therein. There shall persist for an unreasonable time after Tenant provides Landlord with written notice be no abatement of the need Rent because of such repairs or maintenancealterations, or because of any delay by Owner in making the same.
(be) such failure arises from Landlord’s gross negligence or willful misconductOwner may, at Owner's sole discretion, enter into a mechanical system inspection contract with a reputable service company, and Tenant shall pay its pro rata share of the costs of said service contract. Tenant shall provide written notice to Landlord pay its pro rata share of all costs of any needed maintenance replacements or repairs which Landlord is obligated to perform under this Leaseresulting from determinations made by the inspection service. Owner may at its sole discretion, and Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible after receipt of such notice. require 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 into a regularly scheduled preventive maintenance/service contract with a maintenance contractor for the purpose of performing such work as such person shall deem necessary or desirable to preserve servicing all heating and protect the Building from injury or damage air conditioning systems and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of equipment within the Premises.
18.5 This Article relates to repairs and . The 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.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith contractor must be performed at a reasonable approved by Owner. The service contract must include all services suggested by the equipment manufacturer within the operation/maintenance manual and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section must become effective within thirty (30) days of invoicenotification from Owner that said HVAC contract shall be Tenant's responsibility. A copy of said contract is to be delivered to Owner also within said thirty-day period. All guarantees/warranties provided with the heating and air conditioning systems will be recognized within this program.
Appears in 1 contract
Repairs and Maintenance. 18.1 Landlord shall repair keep and maintain the structural and exterior portions and Common Area Areas of the Building clean and in good working order and shall maintain the Building and Property in first-class condition at all times during the Term. Landlord shall further make, or cause to be made, all necessary repairs to the structure and exterior of the Building, as well as to the mechanical, HVAC, electrical and plumbing systems servicing Building (including, without limitation, 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 ProjectBuilding, including but not limited (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 Common Areas and (iv) all doors providing access to roofing and covering materials; foundations (excluding the Demised Premises from any architectural slabsCommon Areas. Landlord shall, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed or furnished by Landlord.
18.2 Except for services of Landlord, if any, required by Section 18.1, and subject to Landlord’s obligations under this Lease, Tenant shall at Tenant’s its sole cost and expense maintain (and keep not to be included in Operating Expenses), further make or cause to be made any other repairs and changes required to the interior Demised Premises and said Building by reason of any breach by Landlord of any provision of this Lease or by reason of the Premises and every part thereof in good condition and repairnegligence or fault of Landlord or its servants, damage thereto from ordinary wear and tear agents or from casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below), and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear and damage by casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises installed by Tenant, and repair any damage to the Premises caused therebyemployees. Landlord shall have no obligation 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 alter, remodel, improve, repair, decorate be made without unreasonable interference with the operation of the Building or paint the Premises business of Tenant or any part thereofsubtenant or licensee of Tenant. When used herein, other than pursuant the term “repair” shall be deemed to the terms include restoration and provisions replacement as may be necessary to achieve or maintain good working order. The cost of the Work Letter.
18.3 Landlord foregoing maintenance and repairs shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease included in Operating Expenses, except to the extent that expressly excluded therefrom pursuant to any provision of this Lease (a) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice including, without limitation, the provisions of this Section and of Section 7). Notwithstanding the foregoing, 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 need of such repairs Building in connection with Tenant’s, its agents’, employees’ or maintenance, or (b) such failure arises from Landlord’s gross negligence or willful misconduct. Tenant shall provide written notice to Landlord contractors’ construction of any needed maintenance or repairs which Landlord is obligated to perform under this Leasealterations, and Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible after receipt of such notice. 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 at the sole cost and expense of Tenant. The provisions of this Section shall not apply in the case of damage or under destruction by fire or other casualty or in the Building, or case of any taking; the obligations of the parties in such cases 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 obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the Premises.
18.5 This Article relates to repairs and maintenance arising provided 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.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions Sections of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section within thirty (30) days of invoice.
Appears in 1 contract
Samples: Lease Agreement (Lenox Group Inc)
Repairs and Maintenance. 18.1 Landlord shall repair and maintain the structural and exterior portions and Common Area of the Building and the Project, including but not limited to roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed or furnished by Landlord.
18.2 Except for services of Landlord, if any, required by Section 18.1, and subject to Landlord’s obligations under this Lease, Tenant shall at Tenant’s sole cost and expense maintain and keep the interior of the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear or from casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below), and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear and damage by casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; and Lessee shall, at Landlord’s request and Tenant’s Lessee's sole cost and expense, remove keep and maintain the Premises and the adjacent Park in good, clean and safe condition and repair to the satisfaction of Lessor including, but not limited to, repairing any damage caused by Lessee or its employees, representatives, agents, invitees, licensees or contractors. Without limiting the generality of the foregoing, Lessee shall be solely responsible for maintaining, repairing and replacing all telephone interior plumbing and data mechanical systems, heating, ventilation and air conditioning systems, interior electrical wiring and equipment from the Premises installed by Tenantequipment, interior lighting, all interior glass, interior window easements, partitions, tenant signage, interior doors and door closers, fixtures, equipment, interior painting, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms interior walls and provisions of the Work Letter.
18.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease except to the extent that (a) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance, or (b) such failure arises from Landlord’s gross negligence or willful misconduct. Tenant shall provide written notice to Landlord of any needed maintenance or repairs which Landlord is obligated to perform under this Lease, and Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible after receipt of such notice. 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 obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use floors of the Premises.
18.5 This Article relates . Lessee's obligation to keep, maintain, preserve and repair the Premises and the adjacent Park shall specifically extend to the cleanup and removal of any and all Hazardous Materials (hereafter defined) occurring in, on or about the Premises. Subject to the provisions of Paragraphs 6 and 9 of this Lease and except for repairs rendered necessary by the active or passive negligent acts or omissions of Lessee, its agents, customers, employees and maintenance arising invitees, Lessor agrees, at Lessor's expense, subject to reimbursement pursuant to Paragraph 6 above, to keep in good repair the ordinary course plumbing and mechanical systems exterior to the Premises, roof membranes, signage (exclusive of operation 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 and the ProjectBuilding. 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.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have Lessor reserves the right, but not without the obligation, to take such action procure and perform such work as is reasonably necessary to repair any portion or component of maintain the Premisesheating, Building or ventilation and air conditioning systems maintenance contract and if Lessor so elects, Lessee will reimburse Lessor for the Project to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) cost thereof in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference accordance with the rights provisions of other tenants to use their respective premises in Paragraph 6 above. Except for repairs rendered necessary by the Buildingactive or passive negligent acts or omissions of Lessee, its agents, customers, employees and all work done in accordance herewith must be performed invitees, Lessor agrees, at a reasonable and competitive Lessor's sole cost and expense, to keep in good repair the structural portions of the floors, foundations, exterior walls (exclusive of glass and exterior doors), and the structural portions of the roof (excluding the roof membrane) of the Building. 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 the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence Lessee refuses or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section within thirty (30) days of invoice.neglects to
Appears in 1 contract
Samples: Lease Agreement (Bikers Dream Inc)
Repairs and Maintenance. 18.1 18.1. Landlord shall repair repair, maintain, and maintain manage the structural services and exterior portions and Common Area of facilities at the Building and the Project, including but not limited listed on Exhibit O as “Landlord Managed.” Costs incurred by Landlord pursuant to roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed or furnished by Landlordthis Section shall constitute Operating Expenses.
18.2 18.2. Except for services of Landlord, if any, Landlord required by Section 18.1, and subject to Landlord’s obligations under this LeaseTenant, Tenant shall at Tenant’s its sole cost and expense expense, shall repair, maintain, and manage the services and facilities at the Building listed on Exhibit O as “Tenant Managed,” shall maintain and keep the interior of the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear or from casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below)excepted, and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests.
18.3. There shall be no abatement of Rent and no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Property, or in or to improvements, fixtures, equipment and personal property therein.
18.4. Landlord shall not be required to maintain or make any repairs or replacements of any nature or description whatsoever to the Premises, except to the extent damage to the Premises is caused Landlord’s gross negligence or willful misconduct (provided, that Landlord’s actions or damages caused in response to an emergency shall never be deemed to be gross negligence or willful misconduct). Tenant hereby expressly waives the right to make repairs at the expense of Landlord as provided for in any Applicable Laws in effect at the time of execution of this Lease, or in any other Applicable Laws that may hereafter be enacted, and waives its rights under Applicable Laws relating to a landlord’s duty to maintain its premises in a tenantable condition. Notwithstanding the foregoing, if Tenant shall fail, after reasonable notice, to maintain or to commence and thereafter to proceed with diligence to make any repair required of it pursuant to the terms of this Lease, Landlord, without being under any obligation to do so and without thereby waiving such default by Tenant, may so maintain or make such repair and may charge Tenant for the costs thereof. Any expense reasonably incurred by Landlord in connection with the making of such repairs may be billed by Landlord to Tenant monthly or, at Landlord’s option, immediately, and shall be due and payable within ten (10) days after such billing or, at Landlord’s option, may be deducted from the Security Deposit.
18.5. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear and damage by casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Dateexcepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises installed by Tenant, and repair any damage to the Premises caused thereby. Notwithstanding the foregoing, Tenant shall have no obligation to perform any work that is included in the services of the Landlord as required under Section 18.1. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises Building or the Property or any part thereof, other than pursuant to the terms and provisions of the Work Letter.
18.3 18.6. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease except to the extent that (a) unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance, . In the event that Landlord timely fails to make a repair or (b) such failure arises from perform maintenance that is Landlord’s gross negligence or willful misconduct. Tenant shall provide written notice obligation pursuant to Landlord of any needed maintenance or repairs which Landlord is obligated to perform under this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall use reimburse Tenant for its reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such notice. repairs or maintenance, Tenant waives its rights under Applicable Laws now shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Property that may be affected the need for such repairs or hereafter in effect to make repairs at Landlord’s expensemaintenance.
18.4 18.7. This Article relates to repairs and maintenance arising in the ordinary course of operation of the Premises and any related facilities. 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.
18.8. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, upon reasonable advance notice to Tenant, and subject to the restrictions set forth in Section 14.4 (provided that no such restrictions shall apply in an emergency), 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 said person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the Premises.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section within thirty (30) days of invoice.
Appears in 1 contract
Repairs and Maintenance. 18.1 Landlord shall repair and maintain the structural and exterior portions and Common Area of the Building and the Project, including but not limited to roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed or furnished by Landlord.
18.2 9.1. Except for services of Landlord, if any, required by Section 18.1, and subject to Landlord’s obligations under as otherwise provided in this Lease, Landlord at its cost and expense, shall keep in good repair the structural parts of the Building, including the walls, roof, floor, foundation, load bearing members, trusses and joists, as well as all plumbing, utilities and facilities located within the walls, ceilings and floors and outside of the Premises, which serve the Premises, except for repairs or maintenance occasioned by the negligence or intentional act of Tenant or Tenant's agents, employees, licensees or invitees. Any repairs or maintenance occasioned by the negligence or intentional act of Tenant's agents, employees, licensees or invitees shall be repaired at the cost and expense of Tenant.
9.2. Except as otherwise provided in this Lease, the Landlord shall take good care of and maintain and repair the lawns, shrubbery, driveways, sidewalks, and entranceways, foyers, curbs and parking lot on the Property, and the Landlord shall provide for snow removal and window cleaning.
9.3. Tenant covenants and agrees that it shall not cause or permit any waste or damage to the Premises or any overloading of the floors of the Premises. Tenant shall at Tenant’s sole cost and expense maintain and keep the interior of the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear or from casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below), and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender deliver up the Premises to Landlord in as good a condition as when receivedorder and condition, ordinary wear and tear and damage by fire or other casualty excepted.
9.4. Except as specifically provided in Section 13.2 and eminent domain excepted (subject Article 14 of this Lease, there shall be no abatement of rent or allowance to Tenant for any diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business resulting from Landlord's, Tenant's or other's making or failing to make any repairs, alterations, additions or improvements in or to any portion of the Property or the Premises or to the terms fixtures, appurtenances or equipment thereof. The provisions of Sections 24 this Article 9 with respect to the making of repairs shall not apply in the case of fire or other casualty, which is dealt with in Article 13 hereof.
9.5. Tenant shall throughout the term of this Lease, take good care of the Premises, the fixtures, glass and 25 below) equipment therein and with the Landlord Improvements in substantially the same condition as existed plumbing, electrical and other utility system on the Term Commencement Date; Premises, and shall, at Landlord’s request and Tenant’s 's sole cost and expense, remove make all telephone repairs thereto as and data systems, wiring when needed to preserve all of the foregoing in good working order and equipment from the Premises installed by Tenant, and condition. Tenant shall also repair any all damage to the Premises Building caused therebyby the moving of Tenant's fixtures, furniture and equipment. Landlord shall have no obligation to alterIn addition, remodelthroughout the Term, 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 liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease except to the extent that (a) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance, or (b) such failure arises from Landlord’s gross negligence or willful misconduct. Tenant shall provide written notice to Landlord take good care of any needed maintenance additions, alterations, improvements and installations made by or repairs which Landlord is obligated to perform under at the request of Tenant in accordance with Article 11 of this Lease, and Landlord at Tenant's sole cost and expense, shall use reasonable make all repairs thereto as and when needed to preserve same in good faith efforts working order and condition. All repairs required to undertake such maintenance be made by Tenant shall be of quality or repairs as soon as reasonably possible class equal to the original work or construction. If Tenant fails after receipt of such notice. Tenant waives its rights under Applicable Laws now or hereafter in effect ten (10) days notice to proceed with due diligence to make repairs at Landlord’s expense.
18.4 If any excavation shall required to be made upon land adjacent to or under by Tenant, such repairs may be made by the Building, or shall be authorized to be made, Landlord at the cost and expense of 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 obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the Premises.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Costs cost and expense thereof incurred by Landlord pursuant to this Article shall constitute Operating Expenses.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action and perform such work be collectable as is reasonably necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premises; provided, however, that (a) additional rent immediately upon demand therefor. Tenant shall give Landlord as much advance written prompt notice as reasonably practicable of any defective condition in any plumbing, heating system or electrical lines located in, servicing or passing through the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section within thirty (30) days of invoicePremises.
Appears in 1 contract
Repairs and Maintenance. 18.1 (a) Except as expressly provided in Exhibits B and C and in this Lease, Landlord shall repair be under no liability, nor have any obligation to do any work or make any repairs in or to the premises, and maintain any work which may be necessary to outfit the 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 own cost and expense. Tenant acknowledges that Landlord has made no warranties or representations with respect to the condition or state of repairs of the premises except as specifically provided in this Lease. Landlord shall make all structural repairs to the roof, walls and exterior portions and Common Area foundations of the Building as needed and shall maintain all common areas, grounds and land in reasonably good condition. Notwithstanding the foregoing, other than routine periodic maintenance, (i) Landlord's responsibility for maintaining any of the foregoing items shall arise only after a reasonable time has elapsed after Tenant has notified Landlord in writing of the necessity for any such repairs or maintenance; and (ii) Tenant (and not Landlord) shall be responsible for the repairs or maintenance of any such items if the necessity therefor was caused by the negligent act or omission or misuse of Tenant, its agents, officers, employees, contractors, licensees, sublessees or invitees (except to the extent the cost of such work is provided through insurance maintained by Landlord under this Lease).
(b) Tenant, at Tenant's sole expense, shall maintain the interior of the premises in good order, condition and repair, including the interior surfaces of the ceilings, 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. Tenant's maintenance obligations are limited to those items within its premises and Tenant has no obligation to maintain wiring, plumbing, pipes or fixtures or other items outside the premises unless the damage thereto was caused by Tenant, its agents, officers, employees, contractors or invitees.
(c) Tenant shall be responsible for all repairs and alterations in and to the premises and Building and the Projectfacilities and systems thereof, including but not limited the need for which arises out of (i) Tenant's use or occupancy of the premises (except to roofing and covering materials; foundations (excluding any architectural slabsthe extent the same constitutes an Operating Expense, but including any structural slabsin which event Tenant's liability therefore shall be governed by the provisions of Section 6 of this Lease); exterior walls(ii) the installation, removal, use or operation of Tenant's property in the premises; plumbing(iii) the moving of Tenant's property into or out of the Building; fire sprinkler systems or (if anyiv) any act, omission, misuse or negligence of Tenant, its agents, contractors, employees or invitees (except to the extent that the cost thereof is covered by insurance maintained by Landlord under this Lease); HVAC systems; elevators; and electrical systems installed or furnished by Landlord.
18.2 (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 have the right, following not less than ten (10) days prior written notice to Tenant (except that if such failure results in an emergency condition needing immediate attention, the notice period may be reduced commensurate with the emergency), 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 within fifteen (15) days after demand, with interest from the date of such work, at a rate equal the prime commercial rate of interest then being charged by Allfirst Bank of Baltimore, Maryland.
(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 set forth in Exhibit C hereto. Landlord reserves the right to consult with its structural engineer if necessary, in Landlord's opinion, to resolve any questions concerning this matter, in which event the determination of the engineer shall be conclusive and the cost of any such determination shall be paid for by Tenant upon demand.
(f) Except for services as otherwise expressly provided in this Lease, Landlord shall have no liability to Tenant nor shall Tenant's obligations under this Lease be reduced or abated in any manner whatsoever by reason of any inconvenience, annoyance, interruption or injury to business arising from Landlord, if any, 's making any repairs or changes which Landlord is required or permitted by this Lease or required by Section 18.1law to make in or to any portion of the Building or the premises, absent the negligent or willful acts or omissions of Landlord or Landlord's agents, employees, contractors, invitees or licensees. Landlord shall, nevertheless, use reasonable efforts to minimize any interference with Tenant's business in the premises and subject with the use by Tenant, its agents, officers, contractors, employees and invitees of the common areas associated therewith.
(g) Tenant shall give Landlord prompt notice of any damage to Landlord’s obligations under 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, condemnation or casualty loss (provided such casualty loss was not caused by the negligent act or omission of Tenant, its agents, officers, contractors, employees or invitees (except to the extent covered by insurance to be maintained under this Lease). Any damage to the premises, including any structural damage, resulting from Tenant's use or from the removal of Tenant's fixtures, furnishings and equipment shall be repaired by Tenant at Tenant’s sole cost and expense maintain and keep the interior of the Premises and every part thereof in good condition and repair's expense, damage thereto from ordinary wear and tear or from casualty and eminent domain excepted (subject except to the terms extent covered by Landlord's insurance. Landlord shall xxxx Tenant, as promptly as is practicable, for the costs of Sections 24 any cleanup and/or repairs to the premises necessitated by Tenant's use and 25 below), occupancy thereof and shall, within ten for which Tenant is responsible (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary normal wear and tear and damage losses caused by casualty and eminent domain excepted (subject to the terms Landlord's negligence or that of Sections 24 and 25 belowits employees, invitees, agents or contractors excepted) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises installed by Tenant, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter.
18.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease except to the extent that (a) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance, or (b) such failure arises from Landlord’s gross negligence or willful misconduct. Tenant shall provide written notice to Landlord of any needed maintenance or repairs which Landlord is obligated to perform under this Lease, and Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible after receipt of such notice. 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 obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the Premises.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Costs incurred by Landlord pursuant to this Article costs shall constitute Operating Expenses.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment additional rental due and payable hereunder notwithstanding any expiration or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions termination of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section within thirty (30) days of invoice.
Appears in 1 contract
Samples: Office Lease (Neustar Inc)
Repairs and Maintenance. 18.1 Landlord (a) Except as specifically otherwise provided in Paragraphs (b) and (c) of this Article, Tenant, at its sole cost and expense and throughout the Term of this Lease, shall repair keep and maintain the Premises in good order and condition, free of accumulation of dirt and rubbish, and shall promptly make all non-structural repairs necessary to keep and exterior portions maintain such good order and Common Area 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 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 ProjectPremises. Landlord shall maintain all HVAC systems serving the Building and the Premises. Tenant’s allocated share of Landlord’s cost for HVAC service, including but not limited to roofing maintenance and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed or furnished by Landlordrepairs shall be included as a portion of Recognized Expenses.
18.2 Except for services of (b) Landlord, if any, required by Section 18.1, throughout the Term of this Lease and subject to at Landlord’s obligations under this Lease, Tenant shall at Tenant’s sole cost and expense maintain expenses, shall make all necessary repairs to the footings and keep foundations and the interior structural steel columns and girders forming a part of the Premises and every part thereof in good condition the HVAC, plumbing and repair, damage thereto from ordinary wear and tear or from casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below), and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear and damage by casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises installed by Tenant, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter.
18.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease except to the extent that (a) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance, or (b) such failure arises from Landlord’s gross negligence or willful misconduct. Tenant shall provide written notice to Landlord of any needed maintenance or repairs which Landlord is obligated to perform under this Lease, and Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible after receipt of such notice. 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 obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of electric systems serving the Premises.
18.5 This Article relates to repairs and maintenance arising in (c) Landlord, throughout the ordinary course Term 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.
18.7 Notwithstanding anything to the contrary in 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 event Building, which serve more than one tenant of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from TenantBuilding, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the PremisesBuilding; provided, however, that (a) Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair. Tenant shall give Landlord as much advance written notice as reasonably practicable pay its Allocated Share of the actions it is takingcost of all repairs to be performed by Landlord pursuant to this Paragraph 14(c) as Additional Rent as provided, in Article 6 hereof.
(bd) 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 no event a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. Tenant shall pay its Allocated Share of the cost of all work to be permitted access toperformed by Landlord pursuant to this Paragraph (d) as Additional Rent as provided in Article 6 hereof.
(e) Notwithstanding anything herein to the contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7, invitee of Tenant shall be solely responsible for, made at the sole cost and expense of Tenant.
(f) Landlord shall reimburse, indemnify, defend provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof.
(g) Landlord shall provide Tenant with a one year warranty on any defects in workmanship and materials from defects. The warranty shall become effective the rights of other tenants to use their respective premises Lease Commencement date in the Building, Exhibit B and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section within thirty (30) days of invoiceexpire one year thereafter.
Appears in 1 contract
Samples: Lease (Ameriquest, Inc.)
Repairs and Maintenance. 18.1 Landlord shall repair and maintain the structural and exterior portions and Common Area 14.01. As of the Building and the ProjectCommencement Date, including but not limited to roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed or furnished by Landlord.
18.2 Except for services of Landlord, if any, required by Section 18.1, and subject to Landlord’s obligations under this Lease, Tenant Subtenant shall at Tenant’s sole cost and expense maintain and keep the interior take good care of the Premises and every part thereof in good condition and repairinterior, damage thereto from ordinary wear and tear or from casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below), and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination non-structural portions of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear and damage by casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; and shall, at Landlord’s request and Tenant’s Demised Premises. At Subtenant's sole cost and expense, remove Subtenant shall promptly make or cause to be made, all telephone nonstructural maintenance repairs and data 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, wiring heating, ventilation and equipment from the Premises installed by Tenantair-conditioning ("HVAC") systems, and repair any damage to maintaining same and the Demised Premises caused thereby. Landlord shall have no obligation to alterin a clean and orderly condition, 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 except Subtenant shall not be liable responsible for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease except to the extent that foregoing arising out of (a) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs fire or maintenancecasualty, or (b) such failure arises from Landlord’s gross negligence or willful misconduct. Tenant shall provide written notice to Landlord of any needed maintenance or repairs which Landlord is obligated to perform under this Lease, and Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible after receipt of such notice. 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 obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the Premises.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord Sublandlord's or its agents, contractors employees or employeescontractors', acts or if omissions.
14.02. As of the work performed by Tenant to remedy such interruption of services Commencement Date, Sublandlord, at its own cost and expense, shall be responsible for all exterior and structural repairs and replacements to the Demised Premises, the roof on the Demised Premises is not Tenant’s sole responsibility under and all repairs and replacements to plumbing electrical systems located outside the terms Demised Premises and conditions serving the Demised Premises. Notwithstanding the above, Subtenant shall be responsible for annual, normal and regular maintenance of this Leasethe roof above the Demised Premises, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant which shall not exceed Five Hundred ($500.00) Dollars, annually.
14.03. As of the Commencement Date, Sublandlord, at its own cost and expense, subject to Subtenant's obligations for payment of Common Area Maintenance Charges under this Section within thirty (30) days Sublease, shall be responsible for and shall take good care of invoicethe Common Areas, including without limitation, all necessary repairs and replacements, striping, snow and ice removal.
Appears in 1 contract
Repairs and Maintenance. 18.1 Landlord shall repair and maintain the structural and exterior portions and Common Area (a) By taking possession of the Building and the Project, including but not limited to roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed or furnished by Landlord.
18.2 Except for services of Landlord, if any, required by Section 18.1, and subject to Landlord’s obligations under this LeasePremises, Tenant shall at Tenant’s sole cost and expense maintain and keep the interior of be deemed to have accepted the Premises and every part thereof as being in good and sanitary order, condition and repair, damage thereto from ordinary wear excepting the Punch List Items and tear or from casualty latent defects in the construction done by Landlord, its agents, employees, contractors, and eminent domain excepted subcontractors. Except as provided in Section 11(c) (subject pursuant to the terms of Sections 24 which Landlord is to undertake various repairs and 25 belowmaintenance), and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear and damage by casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove 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 telephone 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 data systemsfloor coverings, wiring doors, and equipment from interior walls within the Premises installed 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 repair any damage 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 have no obligation to maintain, repair or replace any telecommunications or computer cabling or wiring which is located in the Premises caused therebyor 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 or any part thereof, other than pursuant to the terms and provisions of the Work Letter.
18.3 Landlord except as specifically set forth in this Lease. Under no circumstances shall not be liable for any failure to Tenant make any repairs to the Building or to perform any maintenance that is Landlord’s obligation pursuant to this Lease except to the extent that (a) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice mechanical, electrical or heating, ventilating or air conditioning systems of the need 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 California Civil Code, and any similar or successor law regarding Tenant’s right to make repairs and deduct expenses of such repairs or maintenance, or (b) such failure arises from Landlord’s gross negligence or willful misconduct. Tenant shall provide written notice to Landlord of any needed maintenance or repairs which Landlord is obligated to perform the Rent due under this Lease, subject, however, to the terms of Section 11(d) below. In no event shall Tenant be responsible for repairs or replacements necessitated by ordinary wear and tear, damage by third party casualty or damage caused by Landlord or others for which Tenant is not responsible, nor shall Tenant be responsible for the correction or repair of any latent defect in the Premises, or any condition, dilapidation or defect of which Landlord has actual knowledge prior to the Commencement Date.
(b) Landlord shall use reasonable good faith efforts operate the Building (and provide maintenance, repairs and replacements pursuant to undertake such maintenance Section 11(c) below) to a standard or repairs 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 (5)-day-a-week basis (excepting holidays described in the Basic Lease Information), consistent with the janitorial specification attached hereto as soon as reasonably possible after receipt 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 such notice. Tenant waives its rights under Applicable Laws now Tenant), and (iv) provide monitoring for the fire sprinklers, exit lighting and parking lot lighting, in or hereafter in effect to make repairs outside the Building.
(c) Landlord shall be responsible for maintaining and repairing all structural portions and latent defects of the Building, at Landlord’s expense.
18.4 If any excavation sole expense (and not as part of Operating Expenses), and shall maintain the roof, side walls, and foundations of the Building in good, clean and safe condition and repair. Landlord shall be made upon land adjacent entitled to or under approve, in its sole discretion, the Buildingsealing of any roof penetrations caused by Tenant Improvements. Landlord shall also maintain all landscaping, or driveways, parking lots, fences, signs, sidewalks and the Common Areas. Landlord shall be authorized 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 be madeTenant, Tenant nor 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 obligations under this Lease; subject Lease be reduced or abated in any manner whatsoever by reason of any inconvenience, annoyance, interruption or injury to compliance with Tenant’s reasonable security procedures and so long as business arising from Landlord making any repairs or changes which Landlord is using commercially 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 material adverse interference with Tenant’s business at the Premises. If Tenant fails to maintain the Premises as required in Section 11(a), Landlord may give Tenant thirty (30) days’ written notice to do such acts as are reasonably required to so maintain the Premises. If Tenant fails to promptly commence such work within such time period and diligently prosecute it to completion, then Landlord shall have the 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 of the Premises.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to as the negligence or intentional misconduct result of Landlord or its agents, contractors or employees, or if performing any such work. For the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions purpose of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost “Prime Rate” shall mean the rate, or base rate, reported in the Money Rates column or section of work performed 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 Tenant pursuant to this Section within thirty (30any such bank) days of invoiceon 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. 18.1 Landlord shall repair perform and maintain construct, and Tenant shall have no responsibility to perform or construct, any repair, maintenance or improvements (a) to the structural and exterior portions and Common Area of 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, including but not limited (b) necessitated by the acts or omissions of Landlord or any other occupant of the Building, or 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 roofing any portion of the 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 negligence or willful misconduct by Tenant, its agents, servants, employees or invitees, Tenant shall pay to Landlord the portion of such maintenance and covering materials; foundations (excluding any architectural slabsrepair costs attributable to Tenant's negligence or willful misconduct, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; unless such maintenance and electrical systems installed or furnished repairs are covered by insurance carried by Landlord.
18.2 Except for services as otherwise set forth herein, Tenant shall, throughout the Term of Landlord, if any, required by Section 18.1, and subject to Landlord’s obligations under this Lease, Tenant shall at Tenant’s 's sole cost and expense maintain and expense, keep the interior of the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear or from casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below), and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, shall upon the expiration or sooner earlier termination of the Term, Term hereof surrender the Premises to Landlord in as good a the same condition as when received, ordinary wear and tear tear, casualty, condemnation, alterations not required to be removed by Tenant and damage Hazardous Materials not required to be remediated by casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises installed by Tenant, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than Tenant pursuant to the terms and provisions of the Work LetterArticle 39 excepted.
18.3 There shall be no abatement of Rent and no liability of Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease except to the extent that (a) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance, or (b) such failure arises from Landlord’s gross negligence or willful misconduct. Tenant shall provide written notice to Landlord by reason of any needed maintenance or repairs which Landlord is obligated to perform under this Lease, and Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible after receipt of such notice. 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 injury to or under the Building, or shall be authorized to be made, Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use 's business arising from the making of the Premises.
18.5 This Article relates any repairs, alterations or improvements in or 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.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or in or to improvements, fixtures, equipment and personal property therein, unless such injury or interference is unreasonable or is the Project result of Landlord's 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 reasonable written notice from Landlord and opportunity for Tenant to make such repairs or replacements, Landlord may do so pursuant to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable provisions of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section within thirty (30) days of invoice24.3.
Appears in 1 contract
Repairs and Maintenance. 18.1 Landlord (a) Manager shall repair maintain, or cause to be maintained, the buildings, appurtenances and maintain the structural and exterior portions and Common Area grounds of the Building Property, other than areas which are the responsibility of tenants, in accordance with the standards for first-class retail properties and 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 Project, including but not limited to roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed or furnished by Landlord.
18.2 Except for services course of Landlord, if any, required by Section 18.1, and subject to Landlord’s obligations under this Lease, Tenant shall at Tenant’s sole cost and expense maintain and keep the interior maintenance of the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear or from casualty and eminent domain excepted Property (subject to the terms limitations of Sections 24 this Agreement). The expense incurred for such maintenance, alteration or repair must be
(i) an ordinary and 25 below)usual expense provided for in the Approved Budget (as defined in Section 4.1) and which does not exceed the limitation set forth in the Approved Budget, or
(ii) an expense which is incurred under such circumstances as Manager shall reasonably deem to be an emergency.
(b) If an emergency occurs, Manager shall make all repairs or take all action immediately necessary to preserve the Property, avoid suspension of any essential services to the Property, and shallavoid danger to persons or property. Manager promptly, within ten but in no event later than twenty-four (1024) days after receipt 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 from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon setting forth the expiration or sooner termination nature of the Termemergency and any action taken in connection with the emergency. Except as set forth above with regard to emergencies, surrender Manager shall not make extraordinary or unusual expenses without Owner's prior consent.
(c) Manager shall 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 Premises Operating Account.
(d) All expenditures to Landlord in refurbish, rehabilitate, remodel, or otherwise prepare areas covered by new leases shall require Owner's prior consent and shall be paid as good a condition as when received, ordinary wear and tear and damage Owner may direct from funds provided by casualty and eminent domain excepted (Owner or from the Operating Account subject to the terms of Sections 24 restriction set forth in Section 2.3.
(e) Manager shall take all reasonable precautions against fire, vandalism, burglary and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises installed by Tenant, and repair any damage trespass to the Premises caused thereby. 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 LetterProperty.
18.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease except to the extent that (a) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance, or (b) such failure arises from Landlord’s gross negligence or willful misconduct. Tenant shall provide written notice to Landlord of any needed maintenance or repairs which Landlord is obligated to perform under this Lease, and Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible after receipt of such notice. 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 obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the Premises.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section within thirty (30) days of invoice.
Appears in 1 contract
Samples: Management and Leasing Agreement (Usf&g Legg Mason Realty Partners Limited Partnership)
Repairs and Maintenance. 18.1 15.01 Except as otherwise set forth herein, Tenant shall take good care of the Demised Premises and the fixtures and appurtenances therein, and at its sole cost and expense shall make all repairs thereto, as and when needed to preserve them in good working order and condition. In addition, except as otherwise set forth herein Tenant at its expense, shall promptly make all repairs, ordinary or extraordinary, interior or exterior, structural or otherwise, in and about the Demised Premises and the Building as shall be required by reason of (i) the performance or existence of work by Tenant necessary to 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 Building, or (iv) the misuse or neglect of Tenant or any of its employees, agents or contractors. Tenant shall not be responsible, and Landlord shall repair be responsible, for any repairs to the Demised Premises as are required by reason of Landlord's neglect or other fault in the manner of performing any work included in the Work Letter or Tenant's Work which may be undertaken by Landlord for Tenant's account or as are otherwise required by reason of neglect or other fault of Landlord or its employees, agents or contractors.
15.02 Landlord shall keep and maintain the structural and exterior portions and Common Area of the Building and its fixtures, appurtenances, systems (including base building H/V/A/C and perimeter heat pump units) and facilities serving the ProjectDemised 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 roofing the provisions of Article 21. Landlord shall also keep and covering materials; foundations (excluding any architectural slabsmaintain the grounds, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; driveway, parking areas and electrical systems installed or furnished by Landlordsidewalks in good order, condition and repair and in compliance with all applicable governmental laws, ordinances and regulations.
18.2 15.03 Except for 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 Landlordthe Building or the Demised Premises, if anyor in or to the fixtures, required by Section 18.1equipment or appurtenances of the Building or the Demised Premises, provided that Landlord shall be reasonably diligent with respect thereto and subject shall perform such work, except in case of emergency, at times reasonably convenient to Landlord’s 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.
15.04 During the term of this Lease, the Landlord shall make improvements, alterations and modifications to the Building and High Ridge Park as may be necessary to comply with the requirements of the Americans with Disabilities Act. Said improvements, alterations and modifications shall be done in a manner which is consistent with the standards of a Class A office building in Stamford, Connecticut. Landlord shall also perform its obligations under this Lease, and shall maintain the Building and High Ridge Park, in accordance with all applicable laws and requirements of public authorities.
15.05 In the event that Landlord shall, as 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 provided by Landlord which are limited to HVAC, electricity, water or elevator service, and solely as a result thereof Tenant's business is suspended and Tenant is unable to and does not use the Demised Premises for the conduct of its business for a period of five consecutive business days Tenant shall at Tenant’s sole cost and expense maintain and keep the interior be entitled to receive an equitable abatement of the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear or from casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below), and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear and damage by casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises installed by Tenant, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter.
18.3 Landlord shall not be liable rent for any failure to make any repairs period in excess of said five consecutive days during which such services is interrupted, curtailed or to perform any maintenance suspended, provided that is Landlord’s obligation pursuant to this Lease except to the extent that (a) such failure shall persist for an unreasonable time after Tenant provides has given Landlord with written notice of the need loss of such repairs or maintenance, or (b) such failure arises from Landlord’s gross negligence or willful misconduct. Tenant shall provide written notice to Landlord of any needed maintenance or repairs which Landlord is obligated to perform under this Lease, services and Landlord shall use reasonable good faith efforts has failed to undertake such maintenance or repairs as soon as reasonably possible after receipt of such notice. 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 obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the Premises.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such restore said services within forty-eight (48) hours five business days after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section within thirty (30) days of invoicesaid notice.
Appears in 1 contract
Samples: Lease (Synapse Group Inc)
Repairs and Maintenance. 18.1 Landlord shall maintain in such condition and operating order (and shall keep in such repair and maintain condition), in a manner substantially consistent with the maintenance and operational standards employed by landlords of Comparable Buildings, the structural and exterior portions and Common Area of the Building, including the foundation, floor/ceiling slabs, roof, curtain wall, exterior glass and mullions, columns, beams, shafts (including elevator shafts), stairs, parking areas, stairwells, escalators, elevator cabs, plazas, pavement, sidewalks, curbs, entrances, landscaping, art work, sculptures, public men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas (collectively, "BUILDING STRUCTURE") and the Projectbase building mechanical, including but not limited to roofing and covering materials; foundations (excluding any architectural slabselectrical, but including any structural slabs); exterior walls; life safety, plumbing; fire , sprinkler systems and HVAC systems and other base building systems and equipment which were not constructed by Tenant and are not located within the Premises (if any); HVAC systems; elevators; collectively, the "BUILDING SYSTEMS") and electrical systems installed or furnished by Landlord.
18.2 Except otherwise operate the Project in a manner and condition materially comparable with the standards of operation as are generally customary for services of Landlord, if any, required by Section 18.1, and subject Comparable Buildings. Notwithstanding anything in this Lease to Landlord’s obligations under this Leasethe contrary, Tenant shall at be required to repair the Building Structure and/or the Building Systems to the extent required because of (i) Tenant’s sole cost and expense maintain and keep the interior 's use of the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear or from casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below), and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear and damage by casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises installed by Tenant, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, for other than pursuant to normal and customary business office operations, or (ii) the terms negligence or willful misconduct of Tenant or the Tenant Parties, unless and provisions of the Work Letter.
18.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease except to the extent that (a) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs damage is covered by insurance carried or maintenance, or (b) such failure arises from Landlord’s gross negligence or willful misconduct. Tenant shall provide written notice to Landlord of any needed maintenance or repairs which Landlord is obligated to perform under this Lease, and Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible after receipt of such notice. 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 required 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 obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the Premises.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Costs incurred carried by Landlord pursuant to this Article shall constitute Operating Expenses.
18.7 Notwithstanding anything Lease and to which the waiver of subrogation is applicable (such obligation to the contrary 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, in the event of emergency that results in an interruption in services Tenant shall, at Tenant's own expense, pursuant to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees including without limitation Paragraph 7 hereof, keep the Premises, including all improvements (including all existing improvement and all Alterations) and fixtures, in good order and repair condition at all times during the Lease Term (but such obligation shall not extend to reimburse Tenant for the reasonable cost of work performed by Tenant Building Structure and the Building Systems except pursuant to the BS/BS exception). In addition, except as provided as part of Landlord's repair obligations set forth above or elsewhere in this Section Lease, Tenant shall, at Tenant's own expense but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, including without limitation Paragraph 7 hereof, promptly. and adequately repair all damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances (but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS exception); provided however, that, at Landlord's option, but only if Tenant fails to make such repairs and replacements within thirty (30) days after notice thereof from Landlord (or such sooner period of invoicetime in the case of an emergency or to otherwise to protect life and property), Landlord may, but need not, make such repairs and replacements and Tenant shall pay Landlord the cost thereof, sufficient to reimburse Landlord for all costs arising from Landlord's involvement with such repairs and replacements to the extent not duplicative of Operating Expenses and to the extent the work is not performed by people whose salaries are paid out of Operating Expenses forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements and additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by applicable Regulations; provided, however, except for emergencies, any such entry into the 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 the provisions of this Lease, including without limitation Paragraph 7 hereof, keep the Premises, including all improvements, fixtures and existing improvements, Alterations, fixtures, and the floor or the floors of me Building on which the Premises are located, in good order, repair and condition at all times during the Term (but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception). Tenant hereby waives any and all rights under the benefits of Section l of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.
Appears in 1 contract
Samples: Office Lease (L90 Inc)
Repairs and Maintenance. 18.1 Landlord shall repair and maintain the structural and exterior portions and Common Area of the Building and the Project, including but not limited The Agents will attend to roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed or furnished by Landlord.
18.2 Except for services of Landlord, if any, required by Section 18.1, and subject day to Landlord’s obligations under this Lease, Tenant shall at Tenant’s sole cost and expense maintain and keep the interior of the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear or from casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below), and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear and damage by casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises installed by Tenant, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter.
18.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease except to the extent that (a) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance, or (b) such failure arises from Landlord’s gross negligence or willful misconduct. Tenant shall provide written notice to Landlord of any needed maintenance or repairs which Landlord is obligated to perform under this Lease, and Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible after receipt of such notice. 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 obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the Premises.
18.5 This Article relates to day minor repairs and maintenance arising in the ordinary course of operation of the Building Property and the Projectits contents. In the event of major repairs, the Agents will endeavour to consult with and take instruction from the Landlord. The Landlord agrees to carry out or give instruction to carry out repairs or maintenance within a casualty described in Article 24, Article 24 shall apply in lieu reasonable period of this Articletime – normally 5 working days. In the event of eminent domainan emergency or when the Agents consider it necessary, Article 25 shall apply we will act in lieu order to protect the Landlords interest without consultation. The Landlord will be responsible for the cost of this Article.
18.6 Costs incurred any repairs or maintenance carried out by the Agents, or their appointed contractors. The Landlord pursuant acknowledges that any contractor instructed by the Agents (except direct employees) are independent contractors and the Agents cannot accept any liability for defective works carried out by such independent contractor nor do the Agents warrant or guarantee any works carried out. The Landlord agrees that if repair or maintenance is required, the Agents will only contact the Landlord should the repair or replacement exceed the sum of £150 including VAT (per job). The Landlord hereby agrees that the Agents will retain the sum of £150 from the first month’s rent to this Article shall constitute Operating Expenses.
18.7 Notwithstanding anything be retained by the Agents as a float to carry out such necessary repairs or cleaning to the contrary in this LeaseProperty. Notwithstanding the keeping of a float, if there are insufficient funds in the event of emergency that results in an interruption in services Landlord’s account the Agents reserve the right not to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action and perform such work as is reasonably necessary to repair instruct any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising works until sufficient funds are received from the actions taken Landlord. In the event that the sums held by Tenantway of a float are expended (whether in whole or part), including but not limited the Landlord hereby agrees that the Agents can deduct the required sums to replenish the float from any damage or injury subsequent rental payments, failing which, the Landlord will provide the Agents with replacement funds within 7days of a request to persons or property (subject to Landlord’s obligations under do so. The Landlord also hereby agrees that the last sentence Agents will retain any interest earned by the holding of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at such a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section within thirty (30) days of invoicefloat.
Appears in 1 contract
Samples: Management Service Agreement
Repairs and Maintenance. 18.1 Landlord 17.01. Tenant shall, throughout the Term, take good care of the Demised Premises, the fixtures and appurtenances therein, and shall repair not do, suffer, or permit any waste with respect thereto. Tenant shall keep and maintain the structural Demised Premises including without limitation all building equipment, windows, doors, loading bay doors and exterior portions shelters, plumbing and Common Area of the Building electrical systems, heating, ventilating and the Project, including but not limited to roofing and covering materials; foundations air conditioning (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler "HVAC") systems (if any); HVAC systems; elevators; and electrical systems installed or furnished by Landlord.
18.2 Except for services of Landlord, if any, required by Section 18.1, and subject to Landlord’s obligations under this Lease, Tenant shall at Tenant’s sole cost and expense maintain and keep whether located in the interior of the Demised Premises or on the exterior of the Building) in a clean and every part thereof in good condition and repair, damage thereto from ordinary wear and tear or from casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below), and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requestsorderly condition. Tenant shall, upon 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 expiration Demised Premises which are located in whole or sooner termination in part outside of the TermDemised Premises (it being understood and agreed that if Landlord shall elect to keep and maintain said systems, surrender then the cost of same shall be included in Operating Expenses). Tenant shall keep and maintain all exterior components of any windows, doors, loading bay doors and shelters serving the Demised Premises to Landlord in a clean and orderly condition. The phrase "keep and maintain" as good a condition used herein includes repairs, replacement and/or restoration as when receivedappropriate. Tenant shall not permit or suffer any over-loading of the floors of the Demised Premises. Tenant shall be responsible for all repairs, interior and exterior, structural and nonstructural, ordinary wear and tear extraordinary, in and damage by casualty and eminent domain excepted (subject to the terms of Sections 24 Demised Premises, and 25 belowthe Building (including the facilities and systems thereof) and with the Landlord Improvements in substantially Common Areas the same condition as existed on the Term Commencement Date; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises installed by Tenant, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions need for which arises out of the Work Letter.
18.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease except to the extent that (a) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice the performance or existence of the need of such repairs Tenant's Work or maintenancealterations, or (b) such failure arises from Landlord’s gross negligence the installation, use or willful misconduct. Tenant shall provide written notice to Landlord operation of any needed maintenance the Tenant's Property in the Demised Premises, (c) the moving of the Tenant's Property in or repairs which Landlord is obligated to perform under this Lease, and Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible after receipt out of such notice. 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(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 afford to the person causing or authorized to cause such excavationfurnish Landlord with true and complete copies of maintenance contracts and with copies of all invoices for work performed, 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 confirming Tenant’s 's compliance with its obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the Premises.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domainTenant fails to furnish such copies, Article 25 shall apply in lieu of this Article.
18.6 Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right, but not the obligationat Tenant's cost and expense, to take conduct such action inspections or surveys as may be required to determine whether or not Tenant is 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 for all repairs, maintenance and replacement of wall and floor coverings in the Demised Premises and for the repair and maintenance of all 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 or 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, 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 is reasonably Landlord shall deem necessary to repair any portion or component of assure the Premisespayment for such work by Tenant.
17.02. So long as Tenant is not in default under this Lease, Landlord shall make all structural repairs and replacements, including, specifically, the roof and roof membrane (except as hereinabove provided in Section 17.01) and the cost thereof shall be included in Operating Expenses, for which Tenant shall pay Tenant's Fraction. Landlord shall keep and maintain the Common Areas and shall procure landscaping and snow removal services for the Building or and the Project cost thereof shall be included in Operating Expenses, for which Tenant shall pay Tenant's Fraction. Notwithstanding anything herein contained to the contrary, to the extent necessary to restore such services to the Premises; providedOperating Expenses include an expenditure for a capital improvement, however, that as defined under generally accepted accounting principles (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to the roof membrane), Tenant shall only be responsible for that portion of the cost of said capital improvement as is determined by amortizing said cost over the useful life of the capital improvement; an annual amount equal to the amortized cost of the capital improvement plus an interest component equal to the Prime Rate of the Chase Manhattan Bank plus four percent per annum shall be then added to the Operating Expenses and paid by Tenant over the then remaining Term (or extension thereof) of the Lease.
17.03. Tenant shall not permit or suffer the overloading of the floors of the Demised Premises beyond 250 pounds per square foot, or lesser amount as may be applicable to any damage mezzanine area.
17.04. 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 to persons or property (subject to business arising from Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building's doing any repairs, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employeesmaintenance, or if the work performed changes which Landlord is required or permitted by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees or required by Law, to reimburse Tenant for make in or to any portion of the reasonable cost of work performed by Tenant pursuant to this Section within thirty (30) days of invoiceBuilding.
Appears in 1 contract
Samples: Lease Agreement (Childrens Place Retail Stores Inc)
Repairs and Maintenance. 18.1 (a) Except with respect to Landlord Repairs (as defined below), Tenant, at Tenant’s expense, shall repair keep and maintain the structural Premises in good order and exterior portions condition. As used in this Lease, “maintain” shall include without limitation promptly making all repairs and Common Area any reasonably necessary replacements necessary to keep and maintain such in good order and condition. Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or 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 Tenaxx xxxuests that Landlord make any other repairs that are Tenaxx’x xbligation 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 beyond any applicable notice and cure period, Landlord may elect to require that Tenant prepay the amount of such repair. All Tenant repairs shall comply with Laws and utilize materials and equipment that are at least equal in quality, number, and usefulness to those originally used in constructing the Building and the Project, including but not limited to roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed or furnished by Landlord.
18.2 Except for services of Landlord, if any, required by Section 18.1, and subject to Landlord’s obligations under this LeasePremises. In addition, Tenant shall maintain, at Tenant’s sole cost expense, Tenant’s Supplemental HVAC, Premises Water Heaters, and/or Alterations in a clean and expense maintain safe manner and keep in proper operating condition throughout the interior of Term. “Tenant’s Supplemental HVAC” means any supplemental HVAC system serving the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear or from casualty and eminent domain excepted (subject to regardless of who installed it). “Premises Water Heater” means any water heater serving the terms Premises (regardless of Sections 24 and 25 belowwho installed it), including without limitation expansion tanks and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear and damage by casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises installed by Tenant, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter.
18.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease except to the extent that (a) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance, or (b) such failure arises from Landlord’s gross negligence or willful misconductassociated piping. Tenant shall provide written notice maintain Tenant’s Supplemental HVAC under a service contract with a firm and upon such terms as may be reasonably satisfactory to Landlord of any needed Landlord, including inspection and maintenance or repairs which Landlord is obligated to perform under this Leaseon at least a semiannual basis, and provide Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible with a copy thereof. Within 5 business days after receipt of such notice. 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 madeLandxxxx’x xequest, Tenant shall afford provide Landlord with evidence that such contract is in place. Further, Tenant shall ensure that all Premises Water Heaters have a working automatic water shut-off device with audible alarm and a leak pan underneath. All repairs to the person causing or authorized to cause such excavationBuilding and/or the Project made necessary by reason of the installation, license to enter the Premises for the purpose maintenance, and operation of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease; subject to compliance with Supplemental HVAC, Premises Water Heaters, and Alterations shall be Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the Premises.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Projectexpense. In the event of an emergency, such as a casualty described in Article 24burst waterline or act of God, 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.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the rightright to make repairs for which Tenaxx xx responsible hereunder (at Tenant’s cost) without giving Tenant prior notice, but not in such case Landlord shall provide notice to Tenant as soon as practicable thereafter, and Landlord shall take commercially reasonable steps to minimize the obligationcosts incurred. Further, Landlord shall have the right to take such action make repairs for which Tenaxx xx responsible hereunder (at Tenaxx’x xost) with prior notice to Tenant if Landxxxx xxxieves in its sole and perform such work as is reasonably absolute discretion that the repairs are necessary to repair any portion prevent harm or component of the Premises, Building or the Project damage to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a Landlord shall take commercially reasonable and competitive cost and expense. If steps to minimize the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section within thirty (30) days of invoicecosts incurred.
Appears in 1 contract
Repairs and Maintenance. 18.1 Landlord will, at its own cost and expense, except as may be provided elsewhere herein, make necessary repairs of damage to the Building corridors, lobby, structural members of the Building, and equipment used to provide the Building Standard services referred to in Item 9, unless any such damage is caused by acts or omissions of Tenant, its agents, customers, employees, 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 (such term to include all degrees and levels of subcontractors) approved by Landlord in writing prior to any such maintenance or repairs being undertaken. Landlord shall repair be entitled to require such contractor to be bonded and insured in such amounts and with such companies as Landlord may in its discretion prescribe. Tenant will not injure the Premises or the Building but will maintain the structural Premises in a clean, attractive condition and exterior portions and Common Area in good repair, except as to damage to be repaired by Landlord as provided above. Upon termination of the Building and the Project, including but not limited to roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed or furnished by Landlord.
18.2 Except for services of Landlord, if any, required by Section 18.1, and subject to Landlord’s obligations under this Lease, Tenant shall at Tenant’s sole cost will surrender and expense maintain and keep the interior of the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear or from casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below), and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender deliver the Premises to Landlord in as good a the same condition as when receivedin which they existed at the 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 case of damage or destruction by fire or other casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below) and with the which is covered by insurance maintained by Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises installed by Tenant, and repair any damage Building (as to the Premises caused thereby. Landlord which Item 16 hereof 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.
18.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease except to the extent that (aapply) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance, or (b) such failure arises from Landlord’s gross negligence or willful misconduct. Tenant shall provide written notice to Landlord of any needed maintenance or repairs which Landlord is obligated to perform under this Lease, and Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible after receipt of such notice. 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 resulting from an Eminent Domain taking (as to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the Premises.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 which Item 18 hereof 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.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraphapply). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the BuildingSUBJECT TO, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agentsAND EXCEPT FOR, contractors or employees"FORCE MAJEURE" (ITEM 26), or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this LeaseAND LIKEWISE SUBJECT TO, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section within thirty AND EXCEPT FOR, ANY FAULT OF, OR 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 (305) days of invoiceCONSECUTIVE 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
Repairs and Maintenance. 18.1 Landlord shall repair and maintain the structural and exterior portions and Common Area (a) Subject to Section 2(b) above, by taking possession of the Building and the Project, including but not limited to roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed or furnished by Landlord.
18.2 Except for services of Landlord, if any, required by Section 18.1, and subject to Landlord’s obligations under this LeasePremises, Tenant shall at Tenant’s sole cost and expense maintain and keep the interior of be deemed to have accepted the Premises and every part thereof as being in good and sanitary order, condition and repair, damage thereto from ordinary 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 or from casualty and eminent domain excepted excepted. Without limiting the generality of the foregoing (but subject to the terms of Sections 24 and 25 belowSection 2(b) above), Tenant shall be solely responsible for maintaining and shallrepairing all fixtures, non-Building standard electrical lighting, ceilings and floor coverings, windows, doors, plate glass, skylights, and interior walls within ten (10) days after receipt the Premises using the same quality of written notice from 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, provide to Landlord any maintenance records its agents, employees, contractors and subcontractors, Tenant acknowledges that Landlord reasonably requestsshall have no obligation to maintain, repair or replace any telecommunications or computer cabling or wiring which is located in the Premises or which exclusively serves the Premises (collectively, “Cabling”). Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear and damage by casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from contract with a reputable contractor to maintain the Premises installed by Tenant, and repair any damage to the Premises caused therebyCabling. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or except as specifically set forth in this Lease. Under no circumstances shall Tenant make any part thereof, other than pursuant repairs to the terms and provisions Building or to the mechanical, electrical or heating, ventilating, air conditioning, fire sprinkler or energy management control systems of the Work Letter.
18.3 Landlord Premises or the Building, unless such repairs are previously approved in writing by Landlord, which shall not be liable for unreasonably withheld, conditioned or delayed. Tenant waives the provisions of 1931(1), 1941 and 1942 of the California Civil Code, and any failure similar or successor law regarding Tenant’s right to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease except to the extent that (a) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need and deduct expenses of such repairs or maintenance, or from the Rent due under this Lease.
(b) such failure arises from Landlord’s gross negligence or willful misconductLandlord shall operate the Building to a standard of quality consistent with that of other comparable office buildings in the City and County of San Francisco as of the Commencement Date and shall 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 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 provide written notice to Landlord of any needed maintenance or repairs be responsible for maintaining all fixtures and equipment, including sink(s), which Landlord is obligated to perform under may be located within the Premises. Except as otherwise provided in this Lease, and Landlord shall use reasonable good faith efforts have no liability to undertake such maintenance or repairs as soon as reasonably possible after receipt of such notice. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense.
18.4 If any excavation Tenant, nor 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 obligations under this Lease; subject Lease be reduced or abated in any manner whatsoever by reason of any inconvenience, annoyance, interruption or injury to compliance with Tenant’s reasonable security procedures and so long as business arising from Landlord making any repairs or changes which Landlord is using commercially 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 material adverse 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 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 thereafter 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 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 of the Premises.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to as the negligence or intentional misconduct result of Landlord or its agents, contractors or employees, or if performing any such work. For the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions purpose of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost “Prime Rate” shall mean the rate, or base rate, reported in the Money Rates column or section of work performed 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 Tenant pursuant to this Section within thirty (30any such bank) days of invoiceon 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
Repairs and Maintenance. 18.1 Landlord shall repair (a) Except as specifically otherwise provided in subparagraphs (b) and maintain the structural and exterior portions and Common Area (c) of the Building and the Projectthis Article, including but not limited to roofing and covering materials; foundations (excluding any architectural slabsTenant, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed or furnished by Landlord.
18.2 Except for services of Landlord, if any, required by Section 18.1, and subject to Landlord’s obligations under this Lease, Tenant shall at Tenant’s its sole cost and expense and throughout the Term (as may be extended) of this Lease, shall keep and maintain the Premises in good order and keep condition, free of accumulation of dirt and rubbish, and shall promptly make all repairs other than repairs to the interior footings and foundations and the structural steel columns and girders forming a part of the Premises necessary to keep and every part thereof in maintain such good condition order and repaircondition. Tenant shall have the option of replacing lights, damage thereto from ordinary wear ballasts, tubes, ceiling tiles, outlets and tear similar equipment itself or from casualty and eminent domain excepted (subject 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 terms Premises with a reasonable time of Sections 24 and 25 below), and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requestsand 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, upon shall not use or permit the expiration or sooner termination use of any portion of the TermPremises for outdoor storage except for exterior chemical storage in connection with Tenant's business operations at the Premises, surrender provided that (i) the Premises proposed storage area is designated on the plans to be provided in advance to the Landlord in as good a condition as when for its approval, (ii) Tenant has received, ordinary wear and tear and damage by casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; and shall, at Landlord’s request and Tenant’s its sole cost and expense, remove all telephone federal, state and data systemslocal permits, wiring approvals and equipment from authorizations for the Premises installed by Tenantutilization 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 repair any damage (iv) in the event that said storage area utilizes an area that would otherwise constitute one or 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 the Premises caused thereby. Landlord shall have no obligation furnish 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 liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease except to the extent that (a) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance, or (b) such failure arises from Landlord’s gross negligence or willful misconducthereunder. Tenant shall provide written notice be permitted to Landlord of any needed maintenance or repairs which Landlord is obligated to perform under this Lease, and Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible after receipt of such notice. Tenant waives its rights under Applicable Laws now or hereafter utilize the area that the previous tenant 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 utilized as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the Premises.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premises; storage area provided, however, that (a) 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 shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) utilize materials and equipment which are at least equal in no event shall Tenant be permitted access to, or quality and usefulness to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises those originally used in constructing the Building or and the Project, and (c) in exercising its rights under this Section 18.7, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph)Premises. Tenant shall use commercially reasonable efforts to minimize interference with maintain all HVAC systems serving the rights of other tenants to use their respective premises in Building and the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section within thirty (30) days of invoicePremises.
Appears in 1 contract
Repairs and Maintenance. 18.1 (a) Landlord shall repair 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 the structural and exterior portions and Common Area all parts of the Building Premises (except those for which Landlord is expressly responsible under the terms of this Lease) in good condition, promptly making all necessary repairs and the Projectreplacements, including 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 roofing and covering materials; foundations (excluding repair any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed or furnished 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.
18.2 Except (c) Tenant shall enter into a maintenance contract providing for services the periodic maintenance of Landlordall hot water, if any, required by Section 18.1heating and air conditioning systems and units in the Premises, and subject to 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’s obligations under this Lease, . Tenant shall at Tenant’s sole cost and expense maintain and keep the interior provide Landlord a copy of such contracts within thirty days of the Premises and every part thereof in good condition and repair, Commencement Date.
(d) Tenant shall not damage thereto from ordinary wear and tear or from casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below), and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination demising wall of the TermBuilding, surrender or disturb the Premises to Landlord in as good a condition as when received, ordinary wear integrity and tear and damage support provided by casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; any demising wall and shall, at Landlord’s request and Tenant’s its sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises installed by Tenant, and promptly repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter.
18.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease except to the extent that (a) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance, or (b) such failure arises from Landlord’s gross negligence or willful misconduct. Tenant shall provide written notice to Landlord of any needed maintenance or repairs which Landlord is obligated to perform under this Lease, and Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible after receipt of such notice. 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 obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the Premises.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons any demising wall caused by Tenant or property 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 Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts rules and regulations as Landlord may from time to minimize interference with the time prescribe and subject to rights of ingress and egress of other tenants to tenants. Parking shall be available at the Building for the non-exclusive use their respective premises in the Building, and all work done in accordance herewith must be performed of Tenant at a reasonable and competitive cost and expenseratio of five spaces per 1,000 rentable square feet. If Included within this ratio shall be seven parking spaces located adjacent to the emergency situation resulting in Building near the interruption of services entrance to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of that shall be marked as spaces for visitors. Landlord or shall not be responsible for enforcing Tenant's parking rights against any third parties. Landlord may require, at its agentsoption, contractors or in its sole discretion, that Tenant, its employees, or if the work performed invitees, and visitors use certain numbered spaces to be designated by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section within thirty (30) days of invoiceLandlord.
Appears in 1 contract
Samples: Lease Agreement (Tekelec)
Repairs and Maintenance. 18.1 Landlord shall shall, as an Operating Expense (except as excluded herein), promptly repair and maintain in first class condition and repair the exterior roof, including the roof membrane, exterior walls, skylights, foundations and structural and exterior portions and Common Area of the Building and the ProjectProject and the improvements within the Common Areas, and any sidewalks, landscaping (including but not limited to roofing irrigation systems and covering materials; foundations backflow prevention devices), Parking Areas, fences and signs located in the areas which are adjacent to the Building, and the components of the Building's systems (excluding plumbing, 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 architectural slabssuch maintenance and repairs are caused by the negligent act, but including neglect or omission of any structural slabs); duty by Tenant or Tenant's employees, agents, contractors or invitees, then Tenant shall pay to Landlord, as Additional Rent, the entire cost of such maintenance and repairs. Landlord shall not, however, be obligated to paint the interior surface of exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed , ceiling or furnished by Landlord.
18.2 Except for services of Landlorddoors, if anynor shall Landlord be required to maintain, required by Section 18.1repair or replace windows, and subject to Landlord’s obligations under this Leasedoors, or plate glass. Tenant shall at Tenant’s sole cost and expense maintain and keep the interior of the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear or from casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below), and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to promptly notify Landlord in as good a condition as when received, ordinary wear and tear and damage writing of any repair required to be made by casualty and eminent domain excepted (subject to Landlord within the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises installed by Tenant, and repair any damage to the Premises caused therebyPremises. Landlord shall have no obligation to alter, remodel, improve, repairrepair (other than repair of structural or load-bearing walls), decorate or paint the interior walls of the Premises. 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 Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building, the Premises or parking areas or in or to fixtures, appurtenances and equipment therein. Tenant expressly waives the benefits of any part thereofstatute (including, other than pursuant to without limitation, the terms and provisions of the Work Letter.
18.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease except to the extent that (a) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice subsection 1 of Section 1932, Section 1941 and Section 1942 of the need of such repairs California Civil Code and any similar law, statute or maintenance, or (b) such failure arises from Landlord’s gross negligence or willful misconduct. Tenant shall provide written notice to Landlord of any needed maintenance or repairs which Landlord is obligated to perform under this Lease, and Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible after receipt of such notice. Tenant waives its rights under Applicable Laws ordinance now or hereafter in effect effect) which would otherwise afford Tenant the right to make repairs at Landlord’s expense.
18.4 If any excavation shall be made upon land adjacent 's expense (or to deduct the cost of such repairs from rent due hereunder) or under the Building, or shall be authorized to be made, Tenant shall afford terminate this Lease because of Landlord's failure to the person causing or authorized to cause such excavation, license to enter keep the Premises for in good order, condition and repair. In all other regards, Tenant, at Tenant's sole cost and expense, shall keep, maintain and preserve the purpose of performing such work as such person shall deem necessary or desirable to preserve Premises in first class condition and protect the Building from injury or damage repair and to support the same by proper foundationsshall, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the Premises.
18.5 This Article relates to promptly make all non-structural 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.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services replacements to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenantevery 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 persons or property (subject the Premises. In the event Tenant fails to Landlord’s perform Tenant's obligations under this Section, Landlord shall give Tenant notice to do such acts as Landlord deems are reasonably required to so maintain the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expensePremises. If the emergency situation resulting in the interruption of services Tenant, within fifteen (15) days after notice from Landlord, fails to the Premises addressed by Tenant under this Section is due commence to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if do the work performed by Tenant and diligently prosecute it to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Leasecompletion, then Landlord agrees shall have the right (but not the obligation) to reimburse do such acts and expend such funds at the expense of Tenant for the reasonable cost of work performed as are reasonably required to perform such work. Any amount so expensed by Landlord shall be paid by Tenant pursuant to this Section within thirty (30) days of invoicepromptly after demand as Additional Rent.
Appears in 1 contract
Samples: Lease (Intuitive Surgical Inc)
Repairs and Maintenance. 18.1 15.01 Except at otherwise set forth herein, Tenant shall take good care of the Demised Premises and the fixtures and appurtenances therein, and at its sole cost and expense shall make all repairs thereto, as and when needed to preserve them in good working order and condition. In addition, except as otherwise set forth herein Tenant, at its expense, shall promptly make all repairs, ordinary or extraordinary, interior or exterior, structural or otherwise, in and about the Demised Premises and the Building as shall be required by reason of (i) the performance or existence of work by Tenant necessary to 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 Building, or (iv) the misuse or neglect of Tenant or any of its employees, agents or contractors. Tenant shall not be responsible, and Landlord shall repair be responsible, for any repairs to the Demised Premises as are required by reason of Landlord's neglect or other fault in the manner of performing any work included in the Work Letter or Tenant's Work which may be undertaken by Landlord for Tenant's account or as are otherwise required by reason of neglect or other fault of Landlord or its employees, agents or contractors.
15.02 Landlord shall keep and maintain the structural and exterior portions and Common Area of the Building and its fixtures, appurtenances, systems and facilities serving the ProjectDemised 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 roofing the provisions of Article 21. Landlord shall also keep and covering materials; foundations (excluding any architectural slabsmaintain the grounds, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; driveway, parking areas and electrical systems installed or furnished by Landlordsidewalks in good order, condition and repair and in compliance with all applicable governmental laws, ordinances and regulations.
18.2 15.03 Except for 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 Landlordthe Building or the Demised Premises, if anyor in or to the fixtures, required by Section 18.1equipment or appurtenances of the Building or the Demised Premises, provided that Landlord shall be reasonably diligent with respect thereto and subject shall perform such work, except in case of emergency, at times reasonably convenient to Landlord’s 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.
15.04 During the term of this Lease, the Landlord shall make improvements, alterations and modifications to the Building and High Ridge Park as may be necessary to comply with the requirements of the Americans with Disabilities Act. Said improvements, alterations and modifications shall be done in a manner which is consistent with the standards of a Class A office building in Stamford, Connecticut. Landlord shall also perform its obligations under this Lease, Tenant and shall at Tenant’s sole cost maintain the Building and expense maintain High Ridge Park, in accordance with all applicable laws and keep requirements of public authorities.
15.05 In the interior of the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear or from casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below), and event that Landlord shall, within ten (10) days after receipt as a result of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear and damage by casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises installed by Tenant, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter.
18.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease except to the extent that (a) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance, or (b) such failure arises from Landlord’s gross 's negligence or willful misconduct. Tenant shall misconduct (and specifically not due to Unavoidable Delays) fail to provide written notice any of the services to be provided by Landlord of any needed maintenance which are limited to HVAC, electricity, water or repairs which Landlord is obligated to perform under this Leaseelevator service, and Landlord shall solely as a result thereof Tenant's business is suspended and Tenant is unable to and does not use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible after receipt of such notice. 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 Demised 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 obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the Premises.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability its business for a period of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7five consecutive business days, Tenant shall be solely responsible forentitled to receive an equitable abatement of rent for any period in excess of said five consecutive days during which such services is interrupted, and shall reimbursecurtailed or suspended, indemnify, defend and hold harmless and release provided that Tenant has given Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from notice of the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption loss of services and Landlord has failed to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of restore said services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section within thirty (30) five business days of invoiceafter said notice.
Appears in 1 contract
Samples: Lease (Synapse Group Inc)
Repairs and Maintenance. 18.1 (a) Except with respect to Landlord Repairs (as defined below), Tenant, at Tenant’s expense, shall repair keep and maintain the structural Premises in good order and exterior portions condition including promptly making all repairs necessary to keep and Common Area 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 ProjectPremises. 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 but not limited to roofing inspection and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed or furnished by Landlord.
18.2 Except for services of Landlord, if any, required by Section 18.1maintenance on at least a semiannual basis, and subject to Landlord’s obligations under this Leaseprovide Landlord with a copy thereof. Within 5 days after Landlord’x xxxuest, Tenant shall at 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 sole cost Supplemental HVAC and expense maintain and keep the interior of the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear or from casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below), and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear and damage by casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; and shall, at Landlord’s request and Alterations shall be Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises installed by Tenant, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter.
18.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease except to the extent that (a) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance, or (b) such failure arises from Landlord’s gross negligence or willful misconduct. Tenant shall provide written notice to Landlord of any needed maintenance or repairs which Landlord is obligated to perform under this Lease, and Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible after receipt of such notice. 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 obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the Premises.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of an emergency, such as a casualty described burst waterline or act of God, Landlord shall have the right to make repairs for which Tenant ix xxxxonsible hereunder (at Tenant’s cost) without giving Tenant prior notice, but in Article 24such case Landlord shall provide notice to Tenant as soon as practicable thereafter, Article 24 and Landlord shall apply take commercially reasonable steps to minimize the costs incurred.
(b) Landlord, at Landlord’x xxxense (except to the extent such expenses are includable in lieu Project Expenses), shall make all necessary repairs to: (i) the footings and foundations and the structural elements of the Building; (ii) the roof of the Building; (iii) the HVAC, plumbing, elevators (if any), electric, fire protection and fire alert systems within the Building core from the core to the point of connection for service to the Premises, but specifically excluding Tenant’s Supplemental HVAC and Alterations; (iv) the Building exterior; and (v) the Common Areas (collectively, “Landlord Repairs”). Any provision of this 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.
18.7 Notwithstanding anything Lease to the contrary in this Leasenotwithstanding, in the event of emergency that results in an interruption in services any repairs to the Premises that has Project or any portion thereof made necessary by the reasonable potential to become a material interference 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 operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) waivers set forth in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and Section 12(c).
(c) The parties agree it is in exercising its rights under this Section 18.7their mutual best interest that the Building and Premises be operated and maintained in a manner that is environmentally responsible, Tenant shall be solely responsible forfiscally prudent, and shall reimburseprovides a safe and productive work environment. Accordingly, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises conduct its operations in the Building, Building and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If within the emergency situation resulting in the interruption of services Premises to: (1) minimize to the Premises addressed by Tenant under this Section is due 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 negligence or intentional misconduct extent applicable. Landlord shall use commercially reasonable efforts to operate and maintain the Common Areas of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services Building to: (1) minimize to the Premises is 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 Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section within thirty (30) days of invoicepermitted).
Appears in 1 contract
Repairs and Maintenance. 18.1 Landlord shall repair and maintain the structural and exterior portions and Common Area of the Building and the Project, including but not limited to roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed or furnished by Landlord.
18.2 Except for services of Landlord, if any, required by Section 18.1, and subject to Landlord’s obligations under this Lease, Tenant shall at Tenant’s sole cost and expense maintain and keep the interior of the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear or from casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below), and shall, within ten (10a) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear and damage by casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on throughout the Term Commencement Date; and shall, at Landlord’s request and Tenant’s 's sole cost and expense, remove all telephone keep and data systems, wiring and equipment from maintain the Premises installed in a neat and orderly condition; and, upon expiration of the Term, Tenant shall leave the Premises in good order and condition, ordinary wear and tear, damage by Tenantfire 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 repair any damage to the Premises caused thereby. Landlord shall have no obligation to alterfor that purpose and except as stated, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms Tenant will make all necessary repairs and provisions of the Work Letter.
18.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease except to the extent that (a) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance, or (b) such failure arises from Landlord’s gross negligence or willful misconductreplacements. Tenant shall provide written notice to Landlord of not permit any needed maintenance waste, damage or repairs which Landlord is obligated to perform under this Lease, and Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible after receipt of such notice. 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 obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the Premises.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premises. Tenant shall not use or permit the use of any portion of the common areas for other than their intended use as specified by the Landlord from time to time.
b) Landlord shall, throughout the Term, make all necessary repairs to the structural elements of the Premises including the roof, HVAC and hot water systems servicing the Premises and other improvements located on the Property; provided, however, that (a) Tenant Landlord shall give have no responsibility to make any repairs unless and until Landlord as much advance receives written notice as reasonably practicable of the actions it is takingneed 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, (b) parking areas, curbs and access ways adjoining the Property in no event a clean and orderly condition, free of accumulation of dirt and rubbish and shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises keep and maintain all landscaped areas within the Property in the Building or the Project, a neat and (orderly condition.
c) Notwithstanding the foregoing, repairs and replacements to the Premises 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 exercising its rights under this Section 18.7or upon the Premises or by any act or omission of Tenant or any employee, agent, contractor or invitee of Tenant shall be solely responsible for, made at Tenant's sole cost and shall reimburse, indemnify, defend expense and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with pay Landlord the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section within thirty (30) days of invoiceany such repair or replacement, as Additional Rent, upon demand.
Appears in 1 contract
Samples: Office Space Lease (Orapharma Inc)
Repairs and Maintenance. 18.1 Landlord shall repair and maintain the structural and exterior portions and Common Area of the Building and the Project, including but not limited to roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed or furnished by Landlord.
18.2 Except for services of Landlord, if any, required by Section 18.1, and subject to Landlord’s obligations under this Lease, Tenant shall at a) Tenant’s sole cost and expense maintain and keep the interior of the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear or from casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below), and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear and damage by casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; and shall, at Landlord’s request and Tenant’s its sole cost and expense, remove all telephone and data systems, wiring and equipment from shall take good care of the Premises installed and shall keep, repair, replace and maintain the Premises in good order, 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 repair shall not cause nor permit any damage 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 caused therebyor the Building. To the extent assignable, Landlord shall assign to Tenant all warranties applicable to the Premises, including, but not limited to, warranties of manufacturers and contractors, and any warranties with respect to equipment, fixtures, materials, service or operability with respect to anything contained in the Premises. Landlord shall have no obligation to alterassist Tenant, remodelat Tenant's expense, improve, repair, decorate or paint the Premises or in making any part thereof, other than pursuant to the terms and provisions of the Work Letter.
18.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease except to the extent that (a) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance, or (b) such failure arises from Landlord’s gross negligence or willful misconduct. Tenant shall provide written notice to Landlord of any needed maintenance or repairs which Landlord is obligated to perform under this Lease, and Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible after receipt of such notice. 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 obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the Premises.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Projectwarranty claims. In the event of a casualty described any such warranty is not assignable, Landlord shall be responsible for the materials or services covered by such warranty. Without in Article 24, Article 24 shall apply in lieu any way limiting the foregoing or any other provision of this Article. In lease, Landlord shall be responsible for any and all latent defects at the event Premises for a period of eminent domain, Article 25 shall apply in lieu of this Articletwo (2) years following the Commencement Date.
18.6 Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.
18.7 Notwithstanding anything to the contrary in this Lease(b) Landlord, in the event of emergency that results in an interruption in services to the Premises that has the upon reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, shall, at Landlord's sole cost and the failure to commence such restoration is not due expense, make necessary structural repairs to the unavailability of necessary equipmentexterior walls and shall keep in good order, partscondition and repair the exterior foundations, materials or labor or other Force Majeuredownspouts, then Tenant shall have the right, but not the obligation, to take such action gutters and perform such work as is reasonably necessary to repair any portion or component 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, Building whether structural or otherwise, resulting from damage caused by any act, omission or negligence of Tenant, any subtenant or concessionaire, or their respective employees, agents, invitees, licensees or contractors shall be performed by the Project Landlord and, except as provided in Paragraph 7 of this lease, the reasonable cost thereof, to the extent necessary to restore such services to not reimbursed through the Premises; providedinsurance maintained by Landlord, however, that (a) shall be paid by Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and additional rent.
(c) Landlord further agrees to maintain, repair and keep in exercising its rights under this Section 18.7good 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 agrees to furnish all necessary utilities to such public or common areas. The reasonable costs and expenses incurred by Landlord for maintenance, repairs, utilities, janitorial service, refuse and snow removal and security of the public or common areas shall be determined in the reasonable discretion of Landlord, to ensure the proper quality and the preservation of the reputation of the Building. Tenant shall be solely responsible for, pay its proportionate share of all reasonable costs and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or expenses so incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenantas Additional Rental, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference in accordance with the rights provisions of other Xxxxxxxxx 00 xxxxxx.
(x) All common areas are for the general use, in common, of all tenants to use their respective premises in of the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section within thirty (30) days of invoice.their employees and
Appears in 1 contract
Repairs and Maintenance. 18.1 Landlord 15.01 Tenant shall take good care of the Demised Premises. Tenant, at its expense, shall promptly make all repairs, ordinary or extraordinary, interior or exterior, structural or otherwise, in and about the Demised Premises and the Building including without limitation, the heating, ventilating, and air-conditioning system serving the Demised Premises, as shall be required by reason of (i) the performance of Tenant’s Work or Tenant’s Changes, (ii) the installation, use or operation of Tenant’s Property in the Demised Premises, (iii) the moving of Tenant’s Property in or out of the Building, or (iv) the misuse or neglect of Tenant or any of its employees, invitees, tenants, agents or contractors. In addition, Tenant at its expense shall make all repairs to the plumbing, electrical, heating and air conditioning systems and facilities within and exclusively serving the Demised Premises, all non-structural repairs to the Demised Premises and all repairs to the storefront, windows and plate glass. Tenant, at its expense, shall replace all scratched, damaged or broken doors or other glass in or about the Demised Premises and shall be responsible for all repairs, maintenance and replacement of wall and floor coverings in the Demised Premises and, for the repair and maintain maintenance of all lighting fixtures therein. All repairs, except for emergency repairs, made by Tenant as provided herein shall be performed by contractors or subcontractors approved in writing by Landlord prior to commencement of such repairs, which approval shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything contained in this lease to the structural and exterior portions and Common Area of the Building and the Project, including but not limited to roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed or furnished by Landlord.
18.2 Except for services of Landlord, if any, required by Section 18.1, and subject to Landlord’s obligations under this Leasecontrary, Tenant shall at Tenant’s sole cost and expense maintain and keep the interior of the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear or from casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below), and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear and damage by casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises installed by Tenant, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter.
18.3 Landlord shall not be liable for any failure required to make any repairs or replacements if necessitated by the willful acts or negligence of Landlord or its agents, employees or contractors.
15.02 Landlord, at its expense, shall keep and maintain the structural potions of the Unit and its systems and facilities (except as otherwise expressly set forth in this lease) to perform any maintenance that the point of entry into the Demised Premises, in working order, condition and repair except for those repairs for which Tenant is Landlord’s obligation responsible pursuant to any other provisions of this Lease lease and except for those repairs which are the responsibility of the Condominium.
15.03 Except as expressly otherwise provided in this lease, Landlord shall have no liability to the extent that Tenant by reason of any inconvenience, annoyance, interruption or injury to business arising from either (a) such failure shall persist for an unreasonable time after Tenant provides Landlord’s making any repairs or changes which Landlord with written notice is required or permitted by this lease, or required by law, to make in or to any portion of the need Unit, the Building or the Demised Premises, or in or to the fixtures, equipment or appurtenances of such repairs the Unit, Building or maintenancethe Demised Premises, or (b) such failure arises from Landlord’s gross negligence the Condominium making or willful misconduct. Tenant shall provide written notice failing to Landlord make any repairs or changes to any portion of any needed maintenance the Building or repairs which Landlord is obligated to perform under this Lease, and the Demised Premises; provided that Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible after receipt of such notice. 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 due diligence with respect to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing performance by Landlord thereto and shall perform such work and request that the Condominium perform such work, except in case of emergency, at times reasonably convenient to Tenant and otherwise in such manner as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference will not materially interfere with Tenant’s use of the Demised Premises.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section within thirty (30) days of invoice.
Appears in 1 contract
Samples: Lease (American Realty Capital New York Recovery Reit Inc)
Repairs and Maintenance. 18.1 Landlord Tenant shall repair at its own cost and expense keep and maintain the structural and exterior portions and Common Area all parts of the Building Premises and such portion of the ProjectDevelopment within the exclusive control of Tenant in good condition, promptly making all necessary repairs and replacements, whether ordinary or extraordinary, with materials and workmanship of the same character, kind and quality as the original, including but not limited to roofing to, windows, glass and covering materials; foundations (excluding plate glass, doors, any architectural slabsspecial office entries, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC interior walls and finish work, floors and floor coverings, heating and air conditioning systems; elevators; and , electrical systems installed or furnished by Landlord.
18.2 Except for services of Landlordand fixtures, if anysprinkler systems, required by Section 18.1water heaters, dock boards, truck doors, dock bumpers, and subject to Landlord’s obligations under this Lease, plumbing work and fixtures. Tenant as part of its obligation hereunder shall at Tenant’s sole cost and expense maintain and keep the interior whole of the Premises in a clean and every part thereof 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 Landlord in good condition and repair, damage thereto from ordinary wear and tear loss by fire or from other casualty and eminent domain excepted (subject covered by insurance to the terms of Sections 24 and 25 below), and shall, within ten (10) days after receipt of written notice from Landlord, provide be secured pursuant to Landlord any maintenance records that Landlord reasonably requestsSection 13.01 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 and damage by casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; and shall, at Landlord’s request and Tenant’s sole its own cost and expense, remove all telephone and data systemsas additional rent, wiring and equipment from pay for the Premises installed by Tenant, and repair of any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter.
18.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease except to the extent that (a) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance, or (b) such failure arises from Landlord’s gross negligence or willful misconduct. Tenant shall provide written notice to Landlord of any needed maintenance or repairs which Landlord is obligated to perform under this Lease, and Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible after receipt of such notice. 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 obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the Premises.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, the Building or the Project Development resulting from and/or caused in whole or in part by the negligence or misconduct of Tenant, its agents, servants, employees, patrons, 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 extent necessary to restore such services to general contractor of subcontractors issued in the Premises; name of Landlord and Tenant, provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of only have rights under the actions it is taking, (b) in no event shall Tenant system warranties during the rental term including any extended term. If a system warranty cannot be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises issued in the Building or the Projectjoint name of Landlord and Tenant, and (c) in exercising its rights under this Section 18.7, Tenant then Tenant's obligation to replace a system shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations the extent not covered under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section within thirty (30) days of invoicesystem warranty.
Appears in 1 contract
Samples: Sublease (Exult Inc)
Repairs and Maintenance. 18.1 Landlord will, at its own cost and expense, except as may be provided elsewhere herein, make necessary repairs of damage to the Building corridors, lobby, structural members of the Building, and equipment used to provide the Building Standard services referred to in Item 8, unless any such damage is caused by acts or omissions of Tenant, its agents customers, employees, principals, contractors, consultants, assigns, 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 (such term to include all degrees and levels of subcontractors) approved by Landlord in writing prior to any such maintenance or repairs being undertaken. Landlord shall repair be entitled to require such contractor to be bonded and insured in such amounts and with such companies as Landlord may in its discretion prescribe. Tenant will not injure the Premises or the Building but will maintain the structural Premises in a clean, attractive, condition and exterior portions and Common Area in good repair, except as to damage to be repaired by Landlord as provided above. Upon termination of the Building and the Project, including but not limited to roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed or furnished by Landlord.
18.2 Except for services of Landlord, if any, required by Section 18.1, and subject to Landlord’s obligations under this Lease, Tenant shall at Tenant’s sole cost will surrender and expense maintain and keep the interior of the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear or from casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below), and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender deliver the Premises to Landlord in as good a the same condition as when receivedin which they existed at the commencement of this Lease, excepting only ordinary wear and tear and damage by casualty and eminent domain excepted (subject arising from any cause not required to the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises installed be repaired by Tenant, or Landlord approved alterations and repair any damage to the Premises caused therebyimprovements. 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.
18.3 Landlord This Item 12 shall not be liable for any failure to make any repairs apply in the case of damage or to perform any maintenance that destruction by fire or other casualty which is Landlord’s obligation pursuant to this Lease except to the extent that (a) such failure shall persist for an unreasonable time after Tenant provides covered by insurance maintained by Landlord with written notice of the need of such repairs or maintenance, or (b) such failure arises from Landlord’s gross negligence or willful misconduct. Tenant shall provide written notice to Landlord of any needed maintenance or repairs which Landlord is obligated to perform under this Lease, and Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible after receipt of such notice. 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 on the Building from injury (as to which Item 15 hereof shall apply) or damage and resulting from an Eminent Domain taking (as to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the Premiseswhich Item 17 hereof shall apply).
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.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section within thirty (30) days of invoice.
Appears in 1 contract
Repairs and Maintenance. 18.1 Landlord shall repair and maintain the structural and exterior portions and Common Area of the Building and the Project, including but not limited to roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; base Building plumbing; fire sprinkler systems (if any); base Building HVAC systemssystems up to the first damper or isolation valve that serves the Premises (for purposes of clarity, the portion of the HVAC system that includes such first damper or isolation valve and extends into and through the Premises, and any supplemental HVAC serving the Premises shall not be part of the base Building HVAC and shall be Tenant’s obligation to maintain and repair pursuant to Section 18.2 below); elevators; and base Building electrical systems installed or furnished by Landlord.
18.2 Except for services of Landlord, if any, required by Section 18.1, and subject to Landlord’s obligations under this Lease, Tenant shall at Tenant’s sole cost and expense maintain and keep the interior Premises (including but not limited to the portion of the Premises 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 or from casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below)excepted, and shall, within ten fifteen (1015) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the ofthe Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear and damage by casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below) and with the Landlord Tenant Improvements in substantially the same condition as existed on the Term Commencement Date; upon substantial completion thereof, and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises installed by TenantPremises, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter.
18.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease except to the extent that (a) unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance, or (b) such failure arises from Landlord’s gross negligence or willful misconduct. Tenant shall provide written notice to Landlord of any needed maintenance or repairs which Landlord is obligated to perform under this Lease, and Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible after receipt of such notice. 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 obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the Premises.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section within thirty (30) days of invoice.
Appears in 1 contract
Samples: Lease (Codex DNA, Inc.)
Repairs and Maintenance. 18.1 Landlord shall 7.1 The Landlord, shall, with due diligence, at its own cost and expense, make all repairs to the interior load bearing walls or members, exterior bearing walls, foundation and roof, provided that any damage to the foregoing is not caused by the negligence of the Tenant, its servants, employees, invitees or agents. The Tenant shall, at its own cost and expense, however, repair and maintain the structural roof leaders, flashings, metal gravel stops, gutters and drains and shall keep the same free and clear of any debris applicable to Tenant's leased premises (____________ feet). The obligation of the Landlord to make the foregoing repairs is expressly subject to the Tenant giving to the Landlord written notice of defects or need for repairs to the exterior bearing walls, foundation, or to the roof of the Building. The Building shall be initially painted by the Landlord according to the plans and specifications herein referred to prior to delivery of the leased premises to the Tenant, and thereafter the Tenant shall maintain, paint and repair the exterior of the leased premises (except for the Landlord's obligations to make repairs to the extent hereinabove set forth in paragraph 7.1 and in paragraph 6).
7.2 The Tenant shall, except as provided in Paragraphs 6 and 7.1 above, take good care of the leased premises and, at its cost and expense, keep and maintain in good repair the interior and exterior portions and Common Area of the Building and the Projectleased premises, including including, but not limited to roofing the floor, the air-conditioning and covering materials; foundations (excluding any architectural slabsheating plant, but including any structural slabs); exterior walls; the plumbing; fire sprinkler systems (if any); HVAC systems; elevators, pipes and fixtures belonging thereto; and electrical systems installed or furnished by Landlord.
18.2 Except for services of Landlordshall replace all mechanical and working parts used in connection with the air-conditioning, if anyelectrical, required by Section 18.1heating and plumbing plants, fixtures and subject to Landlord’s obligations under this Leasesystems, Tenant including ballasts and fluorescent fixtures; and shall at Tenant’s sole cost keep the water and expense sewer pipes and connections free from ice and other obstructions and shall generally maintain, repair and replace the gutters, leaders, flashings, metal gravel stops and roof drains; and shall generally maintain and keep repair the interior and exterior of the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear or from casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below), leased premises and shall, within ten (10) days after receipt at the end of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Termterm, surrender deliver up the Premises to Landlord leased premises in as good a condition as when receivedorder and condition, 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 by casualty and eminent domain excepted (subject or disfigurement to the terms leased premises, or any overloading of Sections 24 the floors of the buildings, constituting part of the demised premises.
7.3 The Landlord shall (i) maintain and 25 belowrepair the lawns, shrubbery, driveways and parking areas; and (ii) keep the parking area and with driveways, sidewalks and steps of the demised premises free and clear of ice and snow; and the Tenant shall annually pay to the Landlord Improvements in substantially 45.45% of the same condition as existed on cost of such maintenance and repair. The Landlord shall furnish Tenant with a certified breakdown of the Term Commencement Date; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises installed by Tenant, and repair any damage costs applicable to the Premises caused therebyabove. 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.
18.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease except to the extent that (a) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance, or (b) such failure arises from Landlord’s gross negligence or willful misconduct. The Tenant shall provide written notice to Landlord of any needed maintenance or repairs which Landlord is obligated to perform under this Lease, and Landlord shall use reasonable good faith efforts to undertake make such maintenance or repairs as soon as reasonably possible after receipt of such notice. 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 obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the Premises.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services payment within forty-eight twenty (4820) hours days after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section within thirty (30) days of invoicedemand.
Appears in 1 contract
Repairs and Maintenance. 18.1 Landlord (a) Manager shall repair maintain, or cause to be maintained, the buildings, appurtenances and maintain the structural and exterior portions and Common Area grounds of the Building 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 Project, including but not limited to roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed or furnished by Landlord.
18.2 Except for services course of Landlord, if any, required by Section 18.1, and subject to Landlord’s obligations under this Lease, Tenant shall at Tenant’s sole cost and expense maintain and keep the interior maintenance of the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear or from casualty and eminent domain excepted Property (subject to the terms limitations of Sections 24 this Agreement). The expense incurred for such maintenance, alteration or repair must be
(i) an ordinary and 25 below)usual expense provided for in the Approved Budget (as defined in Section 4.1) and which does not exceed the limitation set forth in the Approved Budget , or
(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, but approved by Owner.
(b) If an emergency occurs, Manager shall make all repairs or take all action immediately necessary to preserve the Property, avoid suspension of any essential services to the Property, and shallavoid danger to persons or property. Manager promptly, within ten but in no event later than twenty-four (1024) days after receipt 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 from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon setting forth the expiration or sooner termination nature of the Termemergency and any action taken in connection with the emergency. Except as set forth above with regard to emergencies, surrender Manager shall not make extraordinary or unusual expenses without Owner's prior consent.
(c) Manager shall 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 Premises Operating Account.
(d) All expenditures to Landlord in refurbish, rehabilitate, remodel, or otherwise prepare areas covered by new leases shall require Owner's prior consent if they exceed $1,000 and shall be paid as good a condition as when received, ordinary wear and tear and damage Owner may direct from funds provided by casualty and eminent domain excepted (Owner or from the Operating Account subject to the terms of Sections 24 restriction set forth in Section 2.3.
(e) Manager shall take all reasonable precautions against fire, vandalism, burglary and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises installed by Tenant, and repair any damage trespass to the Premises caused thereby. 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 LetterProperty.
18.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease except to the extent that (a) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance, or (b) such failure arises from Landlord’s gross negligence or willful misconduct. Tenant shall provide written notice to Landlord of any needed maintenance or repairs which Landlord is obligated to perform under this Lease, and Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible after receipt of such notice. 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 obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the Premises.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section within thirty (30) days of invoice.
Appears in 1 contract
Samples: Management and Leasing Agreement (Usf&g Legg Mason Realty Partners Limited Partnership)
Repairs and Maintenance. 18.1 (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 repair and maintain be under no liability, nor have any obligation to do any work or make any repairs in or to the structural and exterior portions and Common Area of the Building and the Project, including but not limited to roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed or furnished by Landlord.
18.2 Except for services of Landlord, if any, required by Section 18.1premises, and subject any work which may be necessary to Landlord’s obligations under 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 own cost and expense. Tenant acknowledges that it has fully inspected the premises prior to the execution of this Lease, and Tenant shall further acknowledges that Landlord has made no warranties or representations with respect to the condition or state of repairs of the premises, except 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 Tenant’s 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 maintain and keep the interior expense, after being notified in writing by Tenant of the Premises need for such repairs, and every part thereof shall have a reasonable time in good condition 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 repairany 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, damage thereto from ordinary wear 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 tear or from casualty be paid for by Tenant. Tenant agrees to pay, as additional rent, Tenant's pro rata share of snow and eminent domain excepted (subject ice removal expense, based upon the size of the premises in proportion to the terms total square footage of Sections 24 and 25 below), and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requeststhe building in which the premises are located. Tenant shallwill, upon 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 Termtenancy, surrender the Premises to Landlord in as good a condition as when received, ordinary reasonable wear and tear and damage by from casualty or condemnation excepted. Tenant further agrees that it will maintain the premises at its own expense in a clean, orderly and eminent domain excepted (subject to the terms sanitary condition, free of Sections 24 insects, rodents, vermin, and 25 below) other pests; and with the Landlord Improvements in substantially that it will not permit undue accumulation of garbage, trash, rubbish or other refuse, but will remove the same condition as existed on at its own expense and will keep such refuse in proper containers within the Term Commencement Date; and shall, at Landlord’s request 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’s sole . 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, remove and Tenant shall obtain, at Tenant's expense, all telephone and data systems, wiring and equipment from the Premises installed by Tenant, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letterpermits required for such installation.
18.3 Landlord (c) In the event Tenant shall not be liable for any failure proceed promptly and diligently to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease except to the extent that imposed upon it by subparagraphs (a) such failure shall persist for an unreasonable time and (b) hereof within thirty (30) days after Tenant provides Landlord with receiving written notice of the need of from Landlord to make such repairs or maintenanceperform such obligation (provided that in the event of an emergency, or (b) such failure arises from Landlord’s gross negligence or willful misconduct. the time for cure by Tenant shall provide written notice 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 Tenant agrees to pay promptly upon demand any actual out-of-pocket cost or expense incurred by Landlord in taking such action.
(d) If (i) Landlord fails to commence the on-site physical performance of any needed item of repair or maintenance or repairs which required to be performed by Landlord is obligated to perform under this Lease, and fails to correct any defect or deficiency that is subject to any warranty of Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible after receipt of such notice. 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 Buildingthis lease, or shall be authorized fails to be made, Tenant shall afford to restore any utilities serving the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work premises that are interrupted as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use a result of the Premises.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment willful act or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors employees or employeescontractors, or if the work performed by (ii) such failure exceeds thirty (30) days after written notice from Tenant to remedy 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 interruption repair or maintenance materially affects Tenant's use or enjoyment of services the premises or access to or parking for the Premises is not Tenant’s sole responsibility under the terms and conditions of this Leasepremises, then Tenant may (as its non-exclusive remedy), but shall not be obligated to, perform such item of repair or maintenance, in which event Landlord agrees to shall reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section Tenant's actual out-of-pocket costs and expenses within thirty (30) days following receipt by Landlord of invoicean itemized list of such costs and expenses, together with copies of paid bills or receipts.
Appears in 1 contract
Samples: Lease Agreement (Neogen Corp)
Repairs and Maintenance. 18.1 Tenant shall, at its sole cost and expense and only using Landlord (or its affiliate) as general contractor, take good care of the demised premises and the furniture, fixtures, equipment and appurtenances therein, and shall repair keep and maintain the structural and exterior portions and Common Area of the Building demised premises and the Projectfixtures, equipment and appurtenances therein, including but not limited to roofing to, any and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems all bathrooms and kitchens (if any); HVAC systems; elevators; ) which are located within the demised premises, in a condition of good order and electrical systems installed or furnished by Landlord.
18.2 Except for services of Landlord, if any, required by Section 18.1, and subject to Landlord’s obligations under this Leaserepair. Without limiting the foregoing, Tenant shall at make all repairs to the demised premises using only Landlord (or Landlord’s affiliate) as general contractor including the fixtures, equipment and appurtenances in the demised premises and including further structural repairs of any kind which are necessitated by the act, omission, use, occupancy, negligence or other misconduct of Tenant’s sole cost and expense maintain and keep the interior , its employees, agents, contractors, servants, licensees or invitees or which are necessitated by any breach or default of any of the Premises and every part thereof in good condition and repairterms, damage thereto from ordinary wear and tear or from casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below), and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear and damage by casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises installed by Tenant, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter.
18.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease except to the extent that (a) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance, or (b) such failure arises from Landlord’s gross negligence or willful misconduct. Tenant shall provide written notice to Landlord of any needed maintenance or repairs which Landlord is obligated to perform under this Lease, and Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible after receipt of such notice. 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 obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the Premises.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms covenants and conditions of this Lease, then as and when needed to keep them in good working order and condition. Without limiting Landlord’s other rights and remedies, Tenant shall pay to Landlord agrees to reimburse Tenant for the reasonable full cost of work performed and expense incurred by Landlord or its affiliate as general contractor in performing such maintenance, repairs, restorations or replacements which shall be payable by Tenant pursuant to this Section Landlord within thirty fifteen (3015) days after receipt of Landlord’s invoice.
Appears in 1 contract
Repairs and Maintenance. 18.1 (a) The premises hereby leased are leased to Tenant "as is." Except as herein expressly provided, Landlord shall repair and maintain be under no liability, nor have any obligation to do any work or make any repairs in or to the structural and exterior portions and Common Area of the Building and the Project, including but not limited to roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed or furnished by Landlord.
18.2 Except for services of Landlord, if any, required by Section 18.1premises, and subject any work which may be necessary to Landlord’s obligations under 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 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 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 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 shall also maintain any driveways and parking areas designated for its exclusive use. Tenant will, at Tenant’s sole cost 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 maintain 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 and every part thereof in good condition and repair, damage thereto from ordinary wear and tear or from casualty and eminent domain excepted (subject premises until called for to the terms of Sections 24 and 25 below), and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requestsbe removed. Tenant shallfurther agrees that it will not install any additional electrical wiring or plumbing unless it has first obtained Landlord's written consent thereto, upon the expiration or sooner termination of the Termand, surrender the Premises to Landlord in as good a condition as when receivedif such consent is given, ordinary wear and tear and damage by casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially Tenant will install the same condition as existed on the Term Commencement Date; and shall, at Landlord’s request and Tenant’s sole its own cost and expense, remove and Tenant shall obtain, at Tenant's expense, all telephone and data systems, wiring and equipment from the Premises installed by Tenant, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letterpermits required for such installation.
18.3 Landlord (c) In the event Tenant shall not be liable for any failure proceed promptly and diligently to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease except to the extent that imposed upon it by subparagraphs (a) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance, or and (b) such failure arises from Landlord’s gross negligence or willful misconduct. Tenant shall provide written notice to Landlord of any needed maintenance or repairs which Landlord is obligated to perform under this Lease, and Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible after receipt of such notice. 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 obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the Premises.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services hereof within forty-eight (48) hours after receiving written notice from Tenant, and the failure Landlord to commence make such restoration is not due to the unavailability of necessary equipment, parts, materials repairs or labor or other Force Majeureperform such obligation, then Tenant shall have and in such event, Landlord may, at its option, enter the rightpremises and do and per- form the things specified in said notice, but not without liability on the obligation, to take part of Landlord for any loss or damage resulting from any such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). and Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable pay promptly upon demand any cost of work performed or expense incurred by Tenant pursuant to this Section within thirty (30) days of invoiceLandlord in taking such action.
Appears in 1 contract
Samples: Lease Agreement (Ace Hardware Corp)
Repairs and Maintenance. 18.1 Landlord shall repair 8.1 The Premises at Tenant’s move-in will be in good operating condition, free of debris and maintain structurally sound in accordance with industry standards in the structural and exterior portions and Common Area Project area. By taking possession of the Building and the Project, including but not limited to roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed or furnished by Landlord.
18.2 Except for services of Landlord, if any, required by Section 18.1, and subject to Landlord’s obligations under this LeasePremises, Tenant shall be deemed to have conclusively agreed to accept the Premises as being in good order, condition and repair, subject to “punchlist” items of which Tenant notifies Landlord within ten (10) days of taking occupancy and latent defects. Except as required by Article 20 below and ordinary wear and tear, Tenant shall, at all times during the Lease Term and at Tenant’s sole cost and expense maintain and expense, keep the interior of the Premises and every part thereof in good condition condition, order and repair, damage thereto repair except repairs resulting from ordinary wear and tear the negligence or from casualty and eminent domain excepted (subject to the terms willful misconduct of Sections 24 and 25 below), and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear and damage by casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; and shall, at Landlord’s request and Tenantrepresentatives, employees or other agents (collectively, “Landlord’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises installed by Tenant, and repair any damage to the Premises caused therebyAgents”). Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than or 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 maintenance and repairs are caused by the terms act, neglect, fault, or omission of any duty by Tenant or Tenant’s agents, servants, employees, or invitees (collectively, “Tenant’s Agents”), Tenant shall pay to Landlord the reasonable cost of such maintenance and provisions of the Work Letter.
18.3 repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease except to the extent that (a) unless such failure shall persist persists for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance, or (b) such failure arises from Landlord’s gross negligence or willful misconduct. Tenant shall provide gives written notice to Landlord of any needed maintenance the need for such repairs or repairs which Landlord maintenance. Notwithstanding anything in this Lease to the contrary, in the event of an interruption in essential services to the Premises (defined for these purposes as the failure to provide HVAC service, electrical service, elevator service, water or restroom facilities) or Tenant’s access to Premises is obligated to perform under this Leasematerially impaired, and Landlord 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 reasonable good faith efforts the Premises. If any such interruption occurs during a period when Tenant is not otherwise required to undertake such maintenance or repairs as soon as reasonably possible after receipt pay Rent, Tenant’s free rent period shall be extended for the number of such noticedays that the services were not provided. Tenant waives its rights under Applicable Laws now or hereafter in effect the right to make repairs at Landlord’s expenseexpense or terminate this Lease under any law, statute or ordinance now or hereafter in effect.
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 obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the Premises.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section within thirty (30) days of invoice.
Appears in 1 contract
Samples: Lease (Ritter Pharmaceuticals Inc)
Repairs and Maintenance. 18.1 9.1 Landlord shall maintain and repair the foundation, exterior walls and maintain the structural and exterior portions and Common Area roof of the Building Premises at its own cost and expense, provided, however, that if any maintenance or repair work for the Projectfoundation, including but not limited to roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; , exterior paint, roof, asphalt paving and electrical systems installed concrete paving of the Premises is required as a result of any negligence or furnished by Landlord.
18.2 Except for services willful misconduct of LandlordTenant or any of Tenant's agents, if anyemployees, required by Section 18.1shippers, customers, invitees or contractors, such work shall be at Tenant's sole cost and subject expense. Subject to Landlord’s 's obligations under this Leaseas set forth in Paragraph 2.1 above, Tenant shall keep all other portions and components of the Premises, and 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 Tenant’s sole cost such intervals and expense maintain and keep the interior 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 every part thereof fully operative condition. Landlord shall maintain the exterior landscaping for the Premises in good condition accordance with Landlord's then-prevailing landscape maintenance standards, and repairthe amount by which the cost of such landscape maintenance work exceeds the Annual Landscape Base Amount shall be paid by Tenant to Landlord as additional rent. The annual landscape expenses, damage thereto from ordinary wear and tear or from casualty and eminent domain excepted during the initial lease term, shall not increase by more than a cumulative five percent (subject to the terms of Sections 24 and 25 below5%), compounded annually, over each prior year's actual landscape expense. The starting Annual Landscape Base Amount is Seven Thousand Four Hundred Sixteen and shall, 00/100ths Dollars ($7,416.00). Such payments shall be made by Tenant within ten (10) days after following Tenant's receipt of written notice an invoice from Landlord, provide to Landlord any . Except for Landlord's obligations for maintenance records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination and repair of the Termfoundations, surrender exterior walls, exterior paint, roof, asphalt paving and concrete paving of the Premises to Landlord in as good a condition as when receivedPremises, ordinary wear and tear and damage by casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises installed by Tenant, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alterrepair or maintain the Premises, remodel, improve, repair, decorate or paint the Premises improvements or any part thereof, other than pursuant to the terms and provisions of the Work Letter.
18.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease except to the extent that (a) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance, or (b) such failure arises from Landlord’s gross negligence or willful misconduct. Tenant shall provide written notice to Landlord of any needed maintenance or repairs which Landlord is obligated to perform under this Lease, and Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible after receipt of such noticeareas adjacent thereto. Tenant waives its rights under Applicable Laws now or hereafter in effect the provisions of any law permitting Tenant to make repairs at Landlord’s 's expense.
18.4 If any excavation 9.2 All of Tenant's obligations to maintain and repair shall be made upon land adjacent accomplished at Tenant's sole expense. If Tenant fails to or under maintain and repair the BuildingPremises, or shall be authorized Landlord may, at its election, notify Tenant of Tenant's obligation to be made, undertake such repair and maintenance work. If Tenant shall afford fails to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing commence such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the Premises.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written of receipt of such notice from 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 failure to commence such restoration is not due to event of an emergency Landlord may enter the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action Premises and perform such work as is reasonably necessary to repair and maintenance on behalf of Tenant. In any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7case, 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 solely responsible fordeemed to create any obligation on the part of Landlord to do so, and shall reimbursenot in any way limit Landlord's remedies under this Lease. Any design or construction work undertaken by or at the direction of Tenant which affects the Premises or any improvements located on the Premises (including, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and againstwithout limitation, any Claims suffered repair work, maintenance work, tenant improvement work or incurred restoration work) shall be performed by duly qualified and properly licensed and insured design professionals or contractors (as the case may be) reasonably satisfactory to Landlord. Tenant shall submit the names of any such design professionals and contractors to Landlord prior to the commencement of any construction work on the Premises. If Landlord, acting reasonably and in good faith, disapproves of any other tenant design professional or any other person or entity caused by or arising from the actions taken contractor selected by Tenant, including but not limited to any damage Tenant shall select a new design professional or injury to persons or property (subject contractor reasonably satisfactory to Landlord’s obligations under .
9.3 Upon the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence expiration or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions sooner termination of this Lease, then 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 agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section within thirty (30) days of invoice.Paragraph 9.1, above. Any damage to, or deterioration of, the Premises shall be deemed not to be ordinary wear and tear if the same could have been prevented by good
Appears in 1 contract
Samples: Single Tenant Industrial Lease (Target Logistics Inc)
Repairs and Maintenance. 18.1 (a) Except with respect to Landlord Repairs (as defined below), Tenant, at Tenant’s expense, shall repair keep and maintain the structural Premises in good order and exterior portions condition including promptly making all repairs necessary to keep and Common Area maintain such in good order and condition. When used in this Lease, “repairs” shall include repairs and any reasonably necessary replacements. Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or advising Landlord of Tenant’s desire to have Landlord make such repairs, in which case Tenant shall pay to Landlord for such repairs at Landlord’s then-standard rate. To the extent that Tenant requests that Landlord make any other repairs that are Tenant’s obligation to make under this Lease, Landlord may elect to make such repairs on Tenant’s behalf, at Tenant’s expense, and Tenant shall pay to Landlord such expense along with the Administrative Fee. If Tenant shall have committed a monetary Event of 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 Project, including but not limited to roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed or furnished by Landlord.
18.2 Except for services of Landlord, if any, required by Section 18.1, and subject to Landlord’s obligations under this LeasePremises. In addition, Tenant shall maintain, at Tenant’s sole cost expense, Tenant’s Supplemental HVAC, Premises Hot Water Heaters, and/or Alterations in a clean and expense maintain safe manner and keep in proper operating condition throughout the interior of Term. “Tenant’s Supplemental HVAC” means any supplemental HVAC system serving the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear or from casualty and eminent domain excepted (subject to regardless of who installed it). “Premises Hot Water Heater” means any hot water heater serving the terms Premises (regardless of Sections 24 and 25 belowwho installed it), including without limitation expansion tanks and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear and damage by casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises installed by Tenant, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter.
18.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease except to the extent that (a) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance, or (b) such failure arises from Landlord’s gross negligence or willful misconductassociated piping. Tenant shall provide written notice maintain Tenant’s Supplemental HVAC under a service contract with a firm and upon such terms as may be reasonably satisfactory to Landlord of any needed Landlord, including inspection and maintenance or repairs which Landlord is obligated to perform under this Leaseon at least a semiannual basis, and provide Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible with a copy thereof. Within 5 days after receipt of such notice. 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 maderequest, Tenant shall afford provide Landlord with evidence that such contract is in place. Tenant shall ensure that all Premises Hot Water Heaters have a working automatic water shut-off device. All repairs to the person causing or authorized to cause such excavationBuilding and/or the Project made necessary by reason of the installation, license to enter the Premises for the purpose maintenance, and operation of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease; subject to compliance with Supplemental HVAC, Premises Hot Water Heaters, and Alterations shall be Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the Premises.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Projectexpense. In the event of an emergency, such as a casualty described in Article 24burst waterline or act of God, 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.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the rightright to make repairs for which Tenant is responsible hereunder (at Tenant’s cost) without giving Tenant prior notice, but not in such case Landlord shall provide notice to Tenant as soon as practicable thereafter, and Landlord shall take commercially reasonable steps to minimize the obligationcosts incurred. Further, Landlord shall have the right to take such action make repairs for which Tenant is responsible hereunder (at Tenant’s cost) with prior notice to Tenant if Landlord believes in its sole and perform such work as is reasonably absolute discretion that the repairs are necessary to repair any portion prevent imminent harm or component of the Premises, Building or the Project material damage to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a Landlord shall take commercially reasonable and competitive cost and expense. If steps to minimize the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section within thirty (30) days of invoicecosts incurred.
Appears in 1 contract
Samples: Lease (Spark Therapeutics, Inc.)
Repairs and Maintenance. 18.1 Landlord shall repair and maintain the structural and exterior portions and Common Area of the Building and the Project(a) Tenant shall, including but not limited to roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed or furnished by Landlord.
18.2 Except for services of Landlord, if any, required by Section 18.1, and subject to Landlord’s obligations under this Lease, Tenant shall at Tenant’s 's sole cost and expense expense, maintain and keep the interior of the Premises in good, clean and every part thereof in good safe condition and repair, damage thereto from ordinary wear and tear or from casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below), and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted. Without limiting the generality of the foregoing, Tenant shall be solely responsible for maintaining and damage by casualty repairing all fixtures, electrical lighting, ceilings and eminent domain excepted (subject to flooring coverings, windows, doors, plate glass, skylights, and interior walls within the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; and shallPremises. In addition, at Landlord’s request and Tenant’s sole cost and expense, remove Tenant shall be responsible for all telephone and data systems, wiring and equipment from the Premises installed repairs made necessary by Tenant, and repair any damage to the Premises caused therebyits employees, agents, contractors or invitees. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or except as specifically set forth in this Lease. Under no circumstances shall Tenant make any part thereof, other than pursuant repairs to the terms and provisions Building or to the mechanical, electrical or heating, ventilating or air conditioning systems of the Work Letter.
18.3 Landlord Premises or the Building, unless such repairs are previously approved in writing by Landlord, which shall not be liable for any failure to make any repairs unreasonably withheld or to perform any maintenance that is Landlord’s obligation pursuant to this Lease except to the extent that (a) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance, or delayed.
(b) such failure arises from Landlord’s gross negligence or willful misconduct, at its 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 (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. Tenant Landlord shall provide written notice also maintain all landscaping, driveways, parking lots, fences, signs, sidewalks and other exterior Project Common Areas and interior Building Common Areas of the Project in a first class condition. Landlord, at its expense, shall be responsible for maintenance and repair of all plumbing, heating, electrical, air conditioning and ventilation systems. Subject to Landlord the limitations set forth in Section 7 of any needed maintenance or repairs which Landlord is obligated to perform under this Lease, and Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible after receipt of such notice. 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 obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the Premises.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Costs all expenses incurred by Landlord pursuant to this Article Section 13(b) shall constitute be within the definition of Operating Expenses.
18.7 Notwithstanding anything . The foregoing obligations of Landlord contained in this Section 13(b) are collectively referred to the contrary 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 in or to any portion of the event of emergency that results in an interruption in services 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 that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s businessin good order, if condition and repair, Landlord has not commenced restoring such services within forty-eight may give Tenant thirty (4830) hours after days written notice from Tenant, and to do such acts as are reasonably required to so maintain the failure Premises. If Tenant fails to promptly commence such restoration is not due work within such time period and diligently prosecute it to the unavailability of necessary equipment, parts, materials or labor or other Force Majeurecompletion, then Tenant Landlord shall have the rightright 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 obligationmaximum amount then allowed by law. Except as set forth in this Lease, Landlord shall have no liability to take Tenant for any damage, inconvenience, or interference with the use of the Premises by Tenant as the result of performing any such action and work. Notwithstanding the foregoing, if as a result of Landlord's failure to perform such work as 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 reasonably necessary unable to repair any portion or component of conduct business operations within the Premises, Building or the Project to the extent necessary that such disruption continues for three (3) business days, for each day thereafter until such disruption ceases, Tenant shall be entitled to restore such services 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.
(ac) Tenant shall give Landlord as much advance Notwithstanding any other provisions of this Lease to the contrary, upon receipt of written notice as reasonably practicable (the "FIRST REPAIR NOTICE") from Tenant that Landlord Repairs are required, Landlord shall cause such repair to be made within a reasonable period of time given the actions it is taking, (b) circumstances but in no event later than thirty (30) days after it receives the Repair Notice; provided, however, that if the repair is of such a nature that it cannot be completed within thirty (30) days (which fact shall be indicated in writing delivered to Tenant be permitted access toby Landlord), or then such longer time as reasonably necessary to take any action that would reasonably be expected complete such repairs. If Landlord fails to affect, any equipment or facilities that serve other tenants’ premises in make the Building or repair within the Project, and (c) in exercising its rights under this Section 18.7said time period, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from may give an additional notice (the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject "SECOND REPAIR NOTICE") to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If Landlord fails to commence thereafter such repair within five (5) days after receipt of the emergency situation resulting in the interruption of services Second Repair Notice and thereafter diligently pursue said repair to the Premises addressed by completion, Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy may perform such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work repair. All repairs performed by Tenant pursuant to this Section shall be made by a qualified licensed contractor(s) with sufficient expertise in such matters and in accordance with all applicable laws, statutes and ordinances. Landlord shall reimburse Tenant for Tenant's actual costs incurred within thirty fifteen (3015) days after Landlord's receipt of invoicea written demand from Tenant, which demand shall include supporting invoices. Amounts not paid by Landlord within such 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 resolved by a mutually acceptable third party engineer, which determination shall be binding upon Landlord and Tenant. The losing party shall pay the costs of the engineer 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 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 Emergency Condition within twenty-four (24) hours (if such situation occurs during non-business hours, Tenant shall utilize Landlord's paging system, the procedure for which shall be provided to Tenant prior to the Commencement Date), Tenant, using licensed contractors which are qualified to perform such tasks in compliance with applicable laws, shall have the right to make the Landlord Repairs; provided, however, such repairs shall be limited to the temporary remediation of such Emergency Condition and Landlord shall thereafter be responsible for the full repair of such condition. Landlord shall reimburse Tenant's actual 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 within such time period shall accrue interest at the Reference Rate until paid in full.
Appears in 1 contract
Repairs and Maintenance. 18.1 18.1. Landlord shall repair and maintain the structural and exterior portions and Common Area of the Building (including the roof and any structural or exterior portions of Common Areas in the Demised Premises) and the Projectstructural and exterior and interior portions of the Common Areas, including but not limited to including, without limitations, roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); foundations, exterior walls; , the plumbing; , fire sprinkler systems system (if any); HVAC systems; elevators; , heating, ventilating, air conditioning, elevator, and electrical systems (excluding any Building Systems exclusively serving the Demised Premise) installed or furnished by LandlordLandlord (and the full cost thereof shall be included as a part of Operating Expenses), unless such maintenance or repairs are required in whole or in part because of any act, neglect, fault of or omissions of any duty by Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the cost of such maintenance and repairs.
18.2 Except 18.2. Subject to Section 22 and except for services of Landlord, if any, required by Section Sections 18.1, and subject to Landlord’s obligations under this Lease, Tenant shall at Tenant’s 's sole cost and expense maintain and keep the interior of the Demised Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear or from casualty and eminent domain excepted (subject excepted, including, without limitation, all Building Systems exclusively serving the Demised Premises. Subject to the terms of Sections 24 and 25 below)Section 22, and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner earlier termination of the Termthis Lease, surrender the Demised Premises to Landlord in as good a as condition as when received, ordinary wear and tear excepted. Other than as specifically set forth in Section 18.1 and damage by casualty and eminent domain excepted (subject to in the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; and shallWork Letter, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises installed by Tenant, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter.
18.3 18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that which is Landlord’s an obligation pursuant to this Lease except to the extent that (a) of Landlord unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance, or (b) such failure arises from Landlord’s gross negligence or willful misconduct. Tenant shall provide written notice maintenance is given to Landlord of any needed maintenance or repairs which Landlord is obligated to perform under this Lease, and Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible after receipt of such noticeby Tenant. Tenant waives its the rights under Applicable Laws any applicable law, statute or ordinance now or hereafter in effect to make repairs at Landlord’s '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 obligations 18.4. Repairs under this Lease; Article 18 which are obligations of Landlord are subject to compliance with Tenant’s reasonable security procedures allocation among Tenant and so long other tenants as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the PremisesOperating Expenses.
18.5 18.5. This Article 18 relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Projectany related facilities. In the event of a casualty described in fire, earthquake, flood, vandalism, war, or similar cause of damage or destruction, this Article 24, 18 shall not be applicable and the provisions of Article 24 22 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Articleand control.
18.6 Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section within thirty (30) days of invoice.
Appears in 1 contract
Repairs and Maintenance. 18.1 (a) Except as provided in Exhibit B hereto, the premises are leased to Tenant “as is,” and except as herein expressly provided, Landlord shall repair and maintain be under no liability, nor have any obligation to do any work or make any repairs in or to the structural and exterior portions and Common Area of the Building and the Project, including but not limited to roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed or furnished by Landlord.
18.2 Except for services of Landlord, if any, required by Section 18.1premises, and subject any work which may be necessary to Landlordoutfit the premises for Tenant’s obligations under occupancy or for the operation of Tenant’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 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 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, 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. Tenant shall at 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. Tenant shall also maintain any driveways, parking or fenced in areas designated for its exclusive use. Tenant agrees to pay as additional rent Tenant’s sole cost 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 maintain 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 and every part thereof in good condition and repair, damage thereto from ordinary wear and tear or from casualty and eminent domain excepted (subject premises until called for to the terms of Sections 24 and 25 below), and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requestsbe removed. Tenant shallfurther agrees that it will not install any additional electrical wiring or plumbing unless it has first obtained Landlord’s written consent thereto, upon the expiration or sooner termination of the Termand, surrender the Premises to Landlord in as good a condition as when receivedif such consent is given, ordinary wear and tear and damage by casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially Tenant will install the same condition as existed on the Term Commencement Date; and shall, at Landlord’s request and Tenant’s sole its own cost and expense, remove and Tenant shall obtain, at Tenant’s expense, all telephone and data systems, wiring and equipment from the Premises installed by Tenant, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letterpermits required for such installation.
18.3 Landlord (c) In the event Tenant shall not be liable for any failure proceed promptly and diligently to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease except to the extent that imposed upon it by subparagraphs (a) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance, or and (b) such failure arises from Landlord’s gross negligence or willful misconduct. Tenant shall provide written notice to Landlord of any needed maintenance or repairs which Landlord is obligated to perform under this Lease, and Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible after receipt of such notice. 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 obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the Premises.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services hereof within forty-eight (48) hours after receiving written notice from Tenant, and the failure Landlord to commence make such restoration is not due to the unavailability of necessary equipment, parts, materials repairs or labor or other Force Majeureperform such obligation, then Tenant shall have and in such event, Landlord may, at its option, enter the rightpremises and do and per- form the things specified in said notice, but not without liability on the obligation, to take part of Landlord for any loss or damage resulting from any such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). and Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable pay promptly upon demand any cost of work performed or expense incurred by Tenant pursuant to this Section within thirty (30) days of invoiceLandlord in taking such action.
Appears in 1 contract
Repairs and Maintenance. 18.1 (a) Except with respect to Landlord Repairs (as defined below), Tenant, at Tenant’s expense, shall repair keep and maintain the structural Premises in good order and exterior portions condition including promptly making all repairs necessary to keep and Common Area maintain such in good order and condition. When used in this Lease, “repairs” shall include repairs and any reasonably necessary replacements. Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or advising Landlord of Tenant’s desire to have Landlord make such repairs, in which case Tenant shall pay to Landlord for such repairs at Landlord’s then-standard rate. To the extent that Tenant requests that Landlord make any other repairs that are Tenant’s obligation to make under this Lease, Landlord may elect to make such repairs on Tenant’s behalf, at Tenant’s expense, and Tenant shall pay to Landlord such expense along with the Administrative Fee. If Tenant has been in default under this Lease, Landlord may elect to require that Tenant prepay the amount of such repair. All Tenant repairs shall comply with Laws and utilize materials and equipment that are at least equal in quality, number, and usefulness to those originally used in constructing the Building and the Project, including but not limited to roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed or furnished by Landlord.
18.2 Except for services of Landlord, if any, required by Section 18.1, and subject to Landlord’s obligations under this LeasePremises. In addition, Tenant shall maintain, at Tenant’s sole cost expense, Tenant’s Supplemental HVAC, Premises Hot Water Heaters, and/or Alterations in a clean and expense maintain safe manner and keep in proper operating condition throughout the interior of Term. “Tenant’s Supplemental HVAC” means any supplemental HVAC system serving the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear or from casualty and eminent domain excepted (subject to regardless of who installed it). “Premises Hot Water Heater” means any hot water heater serving the terms Premises (regardless of Sections 24 and 25 belowwho installed it), including without limitation expansion tanks and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear and damage by casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises installed by Tenant, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter.
18.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease except to the extent that (a) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance, or (b) such failure arises from Landlord’s gross negligence or willful misconductassociated piping. Tenant shall provide written notice maintain Tenant’s Supplemental HVAC under a service contract with a firm and upon such terms as may be reasonably satisfactory to Landlord of any needed Landlord, including inspection and maintenance or repairs which Landlord is obligated to perform under this Leaseon at least a semiannual basis, and provide Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible with a copy thereof. Within 5 days after receipt of such notice. 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 maderequest, Tenant shall afford provide Landlord with evidence that such contract is in place. Further, Tenant shall ensure that all Premises Hot Water Heaters have a 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 person causing or authorized to cause such excavationBuilding and/or the Project made necessary by reason of the installation, license to enter the Premises for the purpose maintenance, and operation of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease; subject to compliance with Supplemental HVAC, Premises Hot Water Heaters, and Alterations shall be Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the Premises.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Projectexpense. In the event of an emergency, such as a casualty described in Article 24burst waterline or act of God, 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.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the rightright to make repairs for which Tenant is responsible hereunder (at Tenant’s cost) without giving Tenant prior notice, but not in such case, Landlord shall provide notice to Tenant as soon as practicable thereafter, and Landlord shall take commercially reasonable steps to minimize the obligationcosts incurred. Further, Landlord shall have the right to take such action make repairs for which Tenant is responsible hereunder (at Tenant’s cost) with prior notice to Tenant if Landlord believes in its sole and perform such work as is reasonably absolute discretion that the repairs are necessary to repair any portion prevent harm or component of the Premises, Building or the Project damage to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a Landlord shall take commercially reasonable and competitive cost and expense. If steps to minimize the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section within thirty (30) days of invoicecosts incurred.
Appears in 1 contract
Repairs and Maintenance. 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 repair and maintain the structural and exterior portions and Common Area of the Building and the ProjectBinney Building, including but not limited to roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; all common areas; plumbing; fire sprinkler systems (if any); base Building HVAC systemssystems up to the first damper or isolation valve that serves the Premises and extends into the Premises (for purposes of clarity, the portion of the HVAC system that includes such first damper or isolation valve and extends into and through the Premises, and any supplemental HVAC serving the Premises shall not be part of the base Building HVAC and shall be Tenant’s obligation to maintain and repair pursuant to Section 12.2 below); elevators; and base Building electrical systems installed or furnished by Landlord.
18.2 12.2. Except for services of Landlord, if any, required by Section 18.1, and subject to Landlord’s obligations under this Lease12.1 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 (b) maintain and keep the interior Binney Premises (including but not limited to the portion of the Premises HVAC system that includes the first damper or isolation valve and extends into and through the Binney Premises, any supplemental HVAC serving the Binney Premises, and any other systems or equipment exclusively serving the Binney Premises) and every part thereof in good condition and repair, damage thereto from ordinary wear and tear or from casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below)excepted, and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear tear, damage resulting from casualty or eminent domain, and damage by casualty and eminent domain excepted (subject resulting from the negligence or willful misconduct of Landlord, its agents, contractors, or employees or from the failure of Landlord to perform its obligations under the terms of Sections 24 and 25 below) and with the Landlord Improvements Lease in substantially the same condition as existed on the Term Commencement Dateeach case excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises installed by TenantBinney Premises, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter.
18.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease except to the extent that (a) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance, or (b) such failure arises from Landlord’s gross negligence or willful misconduct. Tenant shall provide written notice to Landlord of any needed maintenance or repairs which Landlord is obligated to perform under this Lease, and Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible after receipt of such notice. 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 obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the Premises.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section within thirty (30) days of invoice.
Appears in 1 contract
Samples: Lease (Momenta Pharmaceuticals Inc)
Repairs and Maintenance. 18.1 Landlord shall repair repair, replace and maintain the structural and exterior portions and Common Area of the Building and Project, including foundations, exterior walls, load bearing walls, windows, plate glass, and roofing, and the mechanical, electrical, plumbing, fire sprinkler, and elevator systems of the Project, including but not limited subject to roofing 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 pay to Landlord the entire cost of such maintenance and covering materials; foundations (excluding any architectural slabsrepairs attributable to Tenant's act, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; neglect, fault or omission, unless such maintenance and electrical systems installed or furnished repairs are covered by insurance carried by Landlord.
18.2 Except for services of Landlord, if any, required by as otherwise set forth in Section 18.1, and subject to Landlord’s obligations under Tenant shall, throughout the term of this Lease, Tenant shall at Tenant’s 's sole cost and expense maintain and expense, keep the interior of the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear or from casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below), and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, shall upon the expiration or sooner earlier termination of the Term, term hereof surrender the Premises to Landlord in as good a substantially the same condition as when received, ordinary wear and tear and damage by from casualty and eminent domain excepted (subject to causes beyond the terms reasonable control of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises installed by Tenant, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work LetterTenant excepted.
18.3 Landlord shall not be liable for any failure Tenant hereby waives Civil Code Sections 1941 and 1942 relating to make any repairs or a landlord's duty to perform any maintenance that is Landlord’s obligation pursuant to this Lease except to maintain the extent that (a) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance, or (b) such failure arises from Landlord’s gross negligence or willful misconduct. Tenant shall provide written notice to Landlord of any needed maintenance or repairs which Landlord is obligated to perform under this LeasePremises in a tenantable condition, and Landlord shall use reasonable good faith efforts to undertake such maintenance the under said sections or repairs as soon as reasonably possible after receipt of such notice. Tenant waives its rights under Applicable Laws any law, statute or ordinance now or hereafter in effect to make repairs at Landlord’s 's expense.
18.4 If any excavation There shall be made upon land adjacent no abatement of Rent and no liability of Landlord by reason of any injury to or under the Building, or shall be authorized to be made, Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use '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 This Article relates to repairs and maintenance arising in the ordinary course of operation Notwithstanding any 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.
18.7 Notwithstanding anything to the contrary in this Leaseforegoing, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation fire, earthquake, flood, war or other similar cause of Tenant’s equipment damage or the Premises with a material adverse effect on the conduct of Tenant’s businessdestruction, if Landlord has this Article shall not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, be applicable and the failure to commence such restoration is not due to the unavailability provisions of necessary equipmentArticle 22, parts, materials entitled "Damage or labor or other Force Majeure, then Tenant Destruction," shall have the right, but not the obligation, to take such action apply and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section within thirty (30) days of invoicecontrol.
Appears in 1 contract
Repairs and Maintenance. 18.1 Landlord (a) Owner shall be responsible for repair and maintenance of the foundation, floors (beneath the carpet or other floor covering), roof, the exterior walls (excluding all glass windows, window frames and doors), and the electrical 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 use, operate and maintain the structural Premises and its systems, including all fixtures and equipment installed by Tenant, in such manner as to keep the same in good order and condition, making all repairs and replacements necessary to maintain such good order and condition all at Tenant's expense, including but not limited to, plumbing from the wall stubs, electrical service from the wall box, sewer, water and heating pipes from the exterior portions wall, and Common Area all glass. 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 Building 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 the Projectmaintain 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 limited to roofing and covering materials; foundations Workmen's Compensation Insurance (excluding 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 architectural slabsrepair within fifteen (15) days after the occurrence of the damage necessitating same, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems or fails to cause other maintenance to be performed within fifteen (if any); HVAC systems; elevators; and electrical systems installed 15) days after notice from Owner of the need therefor, Owner at its option may make such repair, or furnished by Landlord.
18.2 Except for services of Landlord, if any, required by Section 18.1cause such other maintenance to be performed, and subject to Landlord’s obligations under 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 at Tenant’s sole cost deliver up the Premises including all Alterations (except as otherwise herein provided), in good repair and expense maintain condition, reasonable wear and keep tear excepted, and shall deliver to Owner all keys to the interior Premises.
(c) Tenant shall give Owner prompt written notice of any damage to or defects in, the Premises and every part thereof in good condition the plumbing, electrical, heating, air conditioning and repair, damage thereto from ordinary wear other systems and tear apparatus located in the Premises. The obligation to repair such damages or from casualty and eminent domain excepted (subject defects shall be as stated in this paragraph 15. In no event shall Owner be obligated to the terms of Sections 24 and 25 below), and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear and damage by casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises installed by Tenant, and repair any damage to the Premises or the Building caused therebyby any act, omission or negligence of Tenant or Tenant Parties. Landlord Tenant shall have no obligation reimburse Owner for all costs and expenses of repairing and replacing all damage to alter, remodel, improve, repair, decorate or paint the Premises and Building and to fixtures and equipment caused by Tenant or Tenant Parties or as the result of all or any part thereofof them moving in or out of Building or by installation or removal of furniture, fixtures or other than pursuant property. Such costs and expenses shall be paid by Tenant to Owner on demand, with interest thereon at the terms and provisions of Reimbursement Interest Rate from the Work Letterdue date until paid.
18.3 Landlord (d) Owner shall not be liable for by reason of any failure injury to make or interference with Tenaxx'x xusiness arising from the making of any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease except alterations in or to the extent that (a) such failure Premises or the Building or to any appurtenances or equipment therein. There shall persist for an unreasonable time after Tenant provides Landlord with written notice be no abatement of the need Rent because of such repairs or maintenancealterations, or (b) such failure arises from Landlord’s gross negligence or willful misconduct. Tenant shall provide written notice to Landlord because of any needed maintenance or repairs which Landlord is obligated to perform under this Lease, and Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible after receipt of such notice. Tenant waives its rights under Applicable Laws now or hereafter delay by Owner in effect to make repairs at Landlord’s expensemaking the same.
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 obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the Premises.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section within thirty (30) days of invoice.
Appears in 1 contract
Repairs and Maintenance. 18.1 14.01. Tenant shall take good care of the Demised Premises. Tenant, at its expense, shall promptly make all repairs, ordinary or extraordinary, interior or exterior, structural or otherwise in and about the Demised Premises and the Building, as shall be required by reason of (i) the performance 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 agents or employees; (iii) the moving of Tenant's Property in or out of the Building; or (iv) the misuse or neglect of Tenant or any of its employees, agents, contractors or invitees; but Tenant shall not be responsible, and Landlord shall be responsible, for any of such repairs as are required by reason of Landlord's neglect or other fault 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 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 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.
14.02. Landlord, subject to the provisions of Section 5.04, shall keep and maintain the structural and exterior portions and Common Area of the Building and its fixtures, appurtenances, systems and facilities serving the ProjectDemised Premises, including but not limited to roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed or furnished by Landlord.
18.2 Except for services of Landlord, if any, required by Section 18.1, and subject to Landlord’s obligations under this Lease, Tenant shall at Tenant’s sole cost and expense maintain and keep the interior of the Premises and every part thereof in good condition and repairworking order, damage thereto from ordinary wear and tear or from casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below), and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear and damage by casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises installed by Tenantcondition, and repair and shall 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 those repairs for which Tenant is responsible pursuant to any damage to the Premises caused therebyother provisions of this Lease.
14.03. Landlord shall have no obligation liability to alterTenant by reason of any inconvenience, remodelannoyance, improveinterruption, repair, decorate or paint the Premises or any part thereof, other than pursuant injury to the terms and provisions of the Work Letter.
18.3 Landlord shall not be liable for any failure to make Tenant's business arising from Landlord's making any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease except to the extent that (a) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance, or (b) such failure arises from Landlord’s gross negligence or willful misconduct. Tenant shall provide written notice to Landlord of any needed maintenance or repairs changes which Landlord is obligated to perform under required or permitted by this LeaseLease or required by law, and Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible after receipt of such notice. 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 in or 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 obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the Premises.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the ProjectDemised 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 contractors was negligent in making such repairs or changes and (c) in exercising its rights under this Section 18.7, Tenant provided that Landlord shall be solely responsible for, use due diligence with respect thereto and shall reimburseperform such work, indemnifyexcept in case of emergency, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable time reasonably convenient to Tenant and competitive cost and expense. If otherwise in such a manner as will not materially interfere with Tenant's use of the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section within thirty (30) days of invoiceDemised Premises.
Appears in 1 contract
Samples: Lease Agreement (I Many Inc)
Repairs and Maintenance. 18.1 (a) Except with respect to Landlord Repairs (as defined below), Tenant, at Tenant’s expense, shall repair keep and maintain the structural Premises in good order and exterior portions condition. As used in this Lease, “maintain” shall include without limitation promptly making all repairs and Common Area any reasonably necessary replacements necessary to keep and maintain such in good order and condition. Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or 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. If Tenant has been in default under this Lease, Landlord may elect to require that Tenant prepay the amount of such repair. All Tenant repairs shall comply with Laws and utilize materials and equipment that are at least equal in quality, number, and usefulness to those originally used in constructing the Building and the Project, including but not limited to roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed or furnished by Landlord.
18.2 Except for services of Landlord, if any, required by Section 18.1, and subject to Landlord’s obligations under this LeasePremises. In addition, Tenant shall maintain, at Tenant’s sole cost expense, Tenant’s Supplemental HVAC, Premises Water Heaters, and/or Alterations in a clean and expense maintain safe manner and keep in proper operating condition throughout the interior of Term. “Tenant’s Supplemental HVAC” means any supplemental HVAC system serving the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear or from casualty and eminent domain excepted (subject to regardless of who installed it). “Premises Water Heater” means any water heater serving the terms Premises (regardless of Sections 24 and 25 belowwho installed it), including without limitation expansion tanks and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear and damage by casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises installed by Tenant, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter.
18.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease except to the extent that (a) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance, or (b) such failure arises from Landlord’s gross negligence or willful misconductassociated piping. Tenant shall provide written notice maintain Tenant’s Supplemental HVAC under a service contract with a firm and upon such terms as may be reasonably satisfactory to Landlord of any needed Landlord, including EXHIBIT 10.35 inspection and maintenance or repairs which Landlord is obligated to perform under this Leaseon at least a semiannual basis, and provide Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible with a copy thereof. Within 5 days after receipt of such notice. 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 maderequest, Tenant shall afford provide Landlord with evidence that such contract is in place. Further, Tenant shall ensure that all Premises Water Heaters have a 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 person causing or authorized to cause such excavationBuilding and/or the Project made necessary by reason of the installation, license to enter the Premises for the purpose maintenance, and operation of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease; subject to compliance with Supplemental HVAC, Premises Water Heaters, and Alterations shall be Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the Premises.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Projectexpense. In the event of an emergency, such as a casualty described in Article 24burst waterline or act of God, 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.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the rightright to make repairs for which Tenant is responsible hereunder (at Tenant’s cost) without giving Tenant prior notice, but not in such case Landlord shall provide notice to Tenant as soon as practicable thereafter, and Landlord shall take commercially reasonable steps to minimize the obligationcosts incurred. Further, Landlord shall have the right to take such action make repairs for which Tenant is responsible hereunder (at Tenant’s cost) with prior notice to Tenant if Landlord believes in its sole and perform such work as is reasonably absolute discretion that the repairs are necessary to repair any portion prevent harm or component of the Premises, Building or the Project damage to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a Landlord shall take commercially reasonable and competitive cost and expense. If steps to minimize the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section within thirty (30) days of invoicecosts incurred.
Appears in 1 contract
Samples: Lease Agreement (Asure Software Inc)
Repairs and Maintenance. 18.1 Landlord (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 repair keep and maintain the structural Premises in good order and exterior portions condition and Common Area of 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 Project, including but not limited Premises. Tenant shall have no obligation to roofing and covering materials; foundations (excluding any architectural slabs, but including perform any structural slabs); exterior walls; plumbing; fire sprinkler repairs to the building or any part thereof or any repairs to, or replacements of, any building systems (if anyexcept as provided below); HVAC systems; elevators; and electrical systems installed . Landlord shall make all repairs to the Premises resulting from the gross negligence or furnished by willful misconduct of Landlord or Landlord's agents, employees, or contractors.
18.2 Except for services of (b) Landlord, if any, required by Section 18.1, throughout the term and subject to Landlord’s obligations under this Lease, Tenant shall at Tenant’s sole cost extensions hereof and expense maintain and keep the interior of the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear or from casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below), and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear and damage by casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; and shall, at Landlord’s request and Tenant’s 's sole cost and expense, remove shall make all telephone necessary repairs to the footings and data systemsfoundations and the structural steel columns and girders forming a part of the Premises and the roof the walls and the exterior parts of the Premises and the Building. Provided, wiring 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.
(c) Landlord, throughout the term of this lease and extensions hereof, shall make all necessary repairs to the utility lines and equipment from and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements in the Premises installed 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 any damage at its sole cost and expense. Tenant agrees to keep in force a service contract on the Premises caused therebyHVAC 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 expense, janitorial and cleaning services for the Premises. Landlord shall have no obligation keep and maintain all 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 alterclear sidewalks, remodelparking areas and access ways, improvewhich 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, repair, decorate or paint Landlord shall give advance notice prior to entering the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter.
18.3 shall comply with Tenant's reasonable security measures. Landlord shall not be liable for inconvenience, annoyance, disturbance or other damage to Tenant (except for damage caused by the Landlord, its agents, or contractors) by reason of making any failure to make repair or by bringing or storing materials, supplies, tools and equipment in the Premises during the performance of any repairs work, and the obligations of Tenant under this lease shall not thereby be affected in any matter whatsoever.
(g) Tenant shall not use or to perform permit the use of any maintenance that is Landlord’s obligation pursuant to this Lease except 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 extent that Landlord and Tenant, so long as (ai) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice all applicable governmental licenses and approvals are obtained; (ii) the satellite dish is not prominently visible and is shielded to Landlord's satisfaction; (iii) the structural integrity of the need of such repairs or maintenance, or (b) such failure arises from Landlord’s gross negligence or willful misconduct. Tenant shall provide written notice to Landlord of any needed maintenance or repairs which Landlord is obligated to perform under this Lease, and Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible after receipt of such notice. 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 madeincluding, 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 obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the Premises.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Buildingroof, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility damaged in any way; (iv) existing Building warranties are not affected adversely or diminished in any way; and (v) the installation is performed under the terms and conditions of this LeaseLandlord's supervision, then if Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section within thirty (30) days of invoiceso elects.
Appears in 1 contract
Samples: Lease Agreement (Tsi Telsys Corp)
Repairs and Maintenance. 18.1 Landlord shall repair and X. Xxxxxxxx agrees to maintain the structural and exterior portions and Common Area of the Building and the Project, including but not limited to roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed or furnished by Landlord.
18.2 Except for services of Landlord, if any, required by Section 18.1, and subject to Landlord’s obligations under this Lease, Tenant shall at Tenant’s sole cost and expense maintain and keep the interior of the Premises and every part thereof in good condition and repairrepair the foundation, damage thereto from ordinary wear roof, elevators, exterior masonry walls and tear or from casualty all Common Areas (including landscaping and eminent domain excepted (subject to the terms of Sections 24 and 25 belowsnow removal), as well as sewer, water and shall, within ten (10) days after receipt other pipes and conduits located beyond the boundaries of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when receivedthe extent such sewer, ordinary wear water and tear other pipes and damage by casualty and eminent domain excepted (subject to conduits do not exclusively serve the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement DatePremises; and shallto make all repairs becoming necessary by reason of any structural defects; provided, at Landlord’s request and however, that Landlord shall not be required to make any repairs necessitated by reason of the act or omission of Tenant’s sole cost and expense, remove all telephone and data systemsits officers, wiring and equipment from the Premises installed agents, employees, visitors or anyone claiming under or through Tenant, or caused by any alteration, addition or improvement made by Tenant, and repair if Landlord does make any damage such repair, Tenant shall promptly, upon demand, reimburse Landlord the cost thereof.
B. Landlord shall provide the following:
(i) Heating, ventilation and air conditioning in the Premises at a temperature required in Landlord’s reasonable judgment for 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 caused thereby. 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 based on standard lighting and provisions of the Work Letter.
18.3 general office use only and Landlord shall not be liable for any its failure to make maintain comfortable atmospheric conditions in any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease except to the extent that (a) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice part of the need 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 repairs equipment/machinery includes, but is not limited to: data processing equipment, heavy-duty computer equipment, reproduction equipment, and/or other machines, devices or maintenance, equipment that adversely affect the temperature otherwise maintained in the Premises. If Tenant requires additional cooling to offset excessive heat generated by such equipment or (b) such failure arises from Landlord’s gross negligence or willful misconduct. Tenant shall provide written notice to Landlord of any needed maintenance or repairs which Landlord is obligated to perform under this Lease, and Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible after receipt of such notice. 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 mademachinery, Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises pay 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 obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the Premises.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s auxiliary cooling equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section operating costs within thirty (30) days of invoicereceipt of an invoice from Landlord.
(ii) Cold water for drinks, 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 perform all necessary maintenance to the interior of the Premises and not Landlord’s responsibility pursuant to Sections 7(A), 7(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, Landlord may, on 10 days’ prior notice (except no notice shall be required in the case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant. In such case, Tenant shall reimburse Landlord for all costs incurred in performing such maintenance or repair immediately upon demand.
Appears in 1 contract
Samples: Office Lease
Repairs and Maintenance. 18.1 Landlord The Lessee shall repair and maintain the structural Leased Premises in good, first class condition and exterior portions shall make any necessary repairs or replacements. To reach this state of repair, the Lessee will perform the 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 be responsible for all repairs and Common Area replacements, even those other than leasehold repairs (including repairs arising out of a force majeure event or normal wear), with the exception of major repairs as defined in Articles 605 and 606 of the Building Belgian Civil Code, which are the responsibility of the Lessor, 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 the ProjectHVAC installation. The Lessor may order the Lessee, including but not limited to roofing and covering materials; foundations (excluding any architectural slabsby registered letter, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed or furnished by Landlord.
18.2 Except for services of Landlord, if any, required by Section 18.1, and subject to Landlord’s obligations under this Lease, Tenant shall at Tenant’s sole cost and expense maintain and keep the interior of the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear or from casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below), and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear and damage by casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises installed by Tenant, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter.
18.3 Landlord shall not be liable for any failure to make any repairs or replacements that s/he deems necessary. In such cases (and unless the Lessee challenges the reasonableness of the required work), the Lessee agrees to perform proceed to effect (have effected) the tasks in a timely manner, and to complete them, 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 risk. Throughout the entire term of this lease agreement, the Lessee shall not be entitled to any maintenance that is Landlord’s obligation pursuant compensation or abatement of rent while construction, repairs or improvements are being carried out, even if they take longer than 40 days to this Lease except complete. Subject to the extent that (a) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice Lessee’s being notified at least 24 hours in advance of the need of such repairs or maintenanceplanned visit, or (bexcept in emergencies, the Lessor, his/her authorized representatives and any building contractors(s) such failure arises from Landlord’s gross negligence or willful misconduct. Tenant hired by the Lessor shall provide written notice to Landlord of any needed maintenance or repairs which Landlord is obligated to perform under this Lease, and Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible after receipt of such notice. 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 have the Building, or shall be authorized to be made, Tenant shall afford to the person causing or authorized to cause such excavation, license right to enter the Leased Premises for inspection purposes and/or to carry out any repairs deemed appropriate by the purpose Lessor, even if these repairs relate to a neighboring tenant. The Lessor may have all installations checked each year by an expert of performing such work as such person his/her choice. The Lessee shall deem necessary or desirable allow the expert to preserve and protect enter the Building from injury or damage Leased Premises and to support access the same installations. The Lessee shall also satisfy any request for information by proper foundationsthe expert, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long such as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use invoices, maintenance contracts, log books, etc. The Lessee shall be given a copy of the Premises.
18.5 This Article relates expert’s report, for informational purposes only, with no admission of liability on the Lessor’s part. The Lessee agrees to repairs and maintenance arising strictly adhere to the recommendations contained in the ordinary course expert’s report. The Lessee shall inform the Lessor promptly and by registered letter of operation of any repairs which are the Building and the ProjectLessor’s responsibility. In the event absence of a casualty described in Article 24such notification, Article 24 the Lessee shall apply in lieu be held liable for any deterioration or consequential damage resulting therefrom. Once the Lessor has been duly notified of this Articlehis/her responsibility to complete certain repairs, s/he agrees to take all necessary measures to carry them out promptly, and to act with the customary due diligence. In The Lessor shall not be held liable for any loss or damage that the event Lessee may sustain or incur by reason 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.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in the use of building services for reasons beyond the Lessor’s control, provided that the Lessor has taken all reasonable steps to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment keep these services in good working order or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, them after a failure or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section within thirty (30) days of invoiceinterruption.
Appears in 1 contract
Repairs and Maintenance. 18.1 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 repair 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 structural and exterior portions and Common Area interior of the Building 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 ProjectTenant 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) Janitorial services;
(b) Cleaning service as to floors, carpeting and interior windows;
(c) Maintenance and repair of all 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 Commencement Date and by reason of strike, labor disputes or other cause outside Landlord's control, including, but not limited to, governmental preemption in connection with a national emergency or any rule, order regulation of any governmental agency, or conditions of supply and demand which are affected by war or other emergency or acts of God, Landlord shall be unable to roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed or furnished by Landlord.
18.2 Except for services of Landlord, if any, required by Section 18.1, and subject to Landlord’s fulfill its obligations under this Lease, Tenant shall at Tenant’s sole cost and expense maintain and keep the interior of the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear or from casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below), and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear and damage by casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises installed by Tenant, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter.
18.3 Landlord shall not be liable for any failure to make any repairs or to perform supply any maintenance that is Landlord’s obligation pursuant to this Lease except to the extent that (a) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance, or (b) such failure arises from Landlord’s gross negligence or willful misconduct. Tenant shall provide written notice to Landlord of any needed maintenance or repairs service which Landlord is obligated to perform under supply, this LeaseLease and Tenant's obligations to pay rent hereunder shall in no way be affected, and Landlord impaired or excused, except that Tenant shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible after receipt receive an equitable pro rata reduction in that portion of such notice. Tenant waives its rights under Applicable Laws now or hereafter the Base Rent provided for in effect to make repairs at Landlord’s expense.
18.4 If any excavation Article 3, which reduction shall be made based upon land adjacent the Landlord's cost savings resulting from such inability to perform or under the Buildingsupply services, or which sum shall be authorized credited 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 obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the Premises.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if next monthly rent obligation. Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premises; providedagrees, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall will use commercially reasonable efforts to minimize interference with obtain restoration of services based on the rights of other tenants then existing circumstances. Tenant may terminate this lease if services required to use their respective premises in the Buildingbe provided by Landlord remain unavailable for more than ten (10) days, and all work done in accordance herewith must be performed at as a reasonable and competitive cost and expense. If result thereof, the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section within thirty (30) days of invoicepremises are untenantable.
Appears in 1 contract
Repairs and Maintenance. 18.1 The Premises hereby leased are leased to Tenant "AS IS." Landlord shall repair and maintain 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 structural and exterior portions and Common Area of the Building and the Project, including but not limited to roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed or furnished by Landlord.
18.2 Except for services of Landlord, if any, required by Section 18.1Premises, and subject any work which may be necessary to Landlord’s obligations under 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 own cost and expense. Tenant acknowledges that it has fully inspected the Premises prior to the execution of this Lease, and Tenant shall at Tenant’s sole cost and expense maintain and further acknowledges that Landlord has made no warranties or representations with respect to the condition or state of repairs of the Premises. Tenant will, during the term of this Lease, keep the interior of the Premises and every part thereof appurtenances (including window, doors, plumbing, heating and electrical facilities and installations) in good condition order and repairrepair and will make all necessary repairs to the exterior walls and roof of the Premises. Tenant shall also maintain any driveways and parking areas designated for its exclusive use. Tenant will, damage thereto from ordinary at the expiration of the 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 or from casualty and eminent domain excepted (subject to excepted. In the terms of Sections 24 and 25 below), and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. event Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear and damage by casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises installed by Tenant, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter.
18.3 Landlord shall not be liable for any failure proceed promptly and diligently to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease except to the extent that (a) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance, or (b) such failure arises from Landlord’s gross negligence or willful misconduct. Tenant shall provide written notice to Landlord of any needed maintenance or repairs which Landlord is obligated to perform under this Lease, and Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible after receipt of such notice. 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 imposed 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 obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the Premises.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services it within forty-eight (48) hours after receiving written notice from Tenant, and the failure Landlord to commence make such restoration is not due to the unavailability repairs of necessary equipment, parts, materials or labor or other Force Majeureperform such obligation, then Tenant shall have and in such event, Landlord may, at its option, enter the rightPremises and do and perform the things specified in said notice, but not without liability on the obligation, to take part of Landlord for any loss or damage resulting from any such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release by Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, Tenant agrees to pay promptly upon demand any Claims suffered cost or expense incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises Landlord in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy taking such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section within thirty (30) days of invoiceaction.
Appears in 1 contract
Repairs and Maintenance. 18.1 14.1 Tenant shall take good care of the Demised Premises. Tenant, at its expense, shall promptly make all repairs, ordinary or extraordinary, interior or exterior, structural or otherwise in and about the Demised Premises and the Building, as shall be required by reason of (i) the performance of Tenant's Changes, if Landlord or its affiliate does not perform the Tenant's Changes; (ii) the installation, use or operation of Tenant's Property in the Demised Premises by Tenant, its agents or employees; (iii) the moving of Tenant's Property in or out of the Building; or (iv) the misuse or neglect of Tenant or any of its employees, agents, contractors or invitees; but Tenant shall not be responsible, and Landlord shall be responsible, for any of such repairs as are required by reason of Landlord's neglect or other fault 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 neglect or other fault of Landlord or its employees, agents, or contractors, Tenant, at its expense, shall replace all scratched, damaged or broken doors or other glass in or about the Demised Premises and shall be responsible for all repairs, maintenance, and replacement of wall and floor coverings in the Demised Premises except for ordinary wear and tear. Landlord shall be responsible for the repair and maintenance of all non-conforming ballasts existing prior to the commencement of Tenant's Work which ballasts remain as fixtures in the Demised Premises. Tenant shall be responsible for the repair and maintenance of all other ballasts.
14.2 Landlord, subject to the provisions of Section 5.4, shall keep and maintain the structural and exterior portions and Common Area of the Building and its fixtures, appurtenances, systems and facilities serving the ProjectDemised Premises, including but not limited to roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed or furnished by Landlord.
18.2 Except for services of Landlord, if any, required by Section 18.1, and subject to Landlord’s obligations under this Lease, Tenant shall at Tenant’s sole cost and expense maintain and keep the interior of the Premises and every part thereof in good condition and repairworking order, damage thereto from ordinary wear and tear or from casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below), and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear and damage by casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises installed by Tenantcondition, and repair and shall 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 those repairs for which Tenant is responsible pursuant to any damage to the Premises caused thereby. other provisions of this Lease.
14.3 Landlord shall have no obligation liability to alterTenant by reason of any inconvenience, remodelannoyance, improveinterruption, repair, decorate or paint the Premises or any part thereof, other than pursuant injury to the terms and provisions of the Work Letter.
18.3 Landlord shall not be liable for any failure to make Tenant's business arising from Landlord's making any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease except to the extent that (a) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance, or (b) such failure arises from Landlord’s gross negligence or willful misconduct. Tenant shall provide written notice to Landlord of any needed maintenance or repairs changes which Landlord is obligated to perform under required or permitted by this LeaseLease or required by law, and Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible after receipt of such notice. 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 in or 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 obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the Premises.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the ProjectDemised Premises, or in or to the fixtures, equipment of appurtenances of the Building or the Demised Premises, provided that Landlord shall use due diligence with respect thereto and (c) shall perform such work, except in exercising case of emergency, at a time reasonably convenient to Tenant and otherwise in such a manner as will not materially interfere with Tenant's use of the Demised Premises. Landlord, at its rights under this sole expense and not subject to Section 18.75.4, Tenant shall be solely responsible for, for roof replacement and shall reimburse, indemnify, defend structural repair and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from replacement during the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under initial term of the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section within thirty (30) days of invoice.
Appears in 1 contract
Repairs and Maintenance. 18.1 Landlord shall repair 8.1 The Premises at Tenant’s move-in will be in good operating condition, free of debris and maintain structurally sound in accordance with industry standards in the structural and exterior portions and Common Area Project area. By taking possession of the Building Premises, Tenant shall be deemed to have conclusively agreed to accept the Premises as being in good order, condition and the Projectrepair, including but not limited subject to roofing “punchlist” items and covering materials; foundations (excluding latent defects and any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed representations or furnished by Landlord.
18.2 warranties that may be set forth elsewhere in this Lease. Except for services of Landlord, if any, as required by Section 18.1, Article 20 below and ordinary wear and tear and subject to Landlord’s obligations under this LeaseArticle 8.2 with regard to any Building Systems in or about the Premises, Tenant shall shall, at all times during the Lease Term hereof and at Tenant’s sole cost and expense maintain and expense, keep the interior of the Premises and every part thereof in good condition condition, order and repairrepair except repairs resulting from the negligence, damage thereto from ordinary wear and tear recklessness or from casualty and eminent domain excepted (subject to the terms willful wrongful act of Sections 24 and 25 below), and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear and damage by casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; and shall, at Landlord’s request and Tenantrepresentatives, employees or other agents (collectively, “Landlord’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises installed by Tenant, and repair any damage to the Premises caused therebyAgents”). Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than or 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 (which shall include but not limited to floor/ceiling slabs, roof, curtain wall, exterior glass and mullions, columns, beams, shafts (including elevator shafts) parking areas, plazas, pavement and curbs (collectively, “Building Structures”), and the plumbing, heating, ventilation and air conditioning (“HVAC”), fire, life, safety, mechanical and electrical systems (collectively, “Building Systems”) 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 maintenance and repairs are caused by the terms act, neglect, fault, or omission of any duty by Tenant or Tenant’s agents, servants, employees, or invitees (collectively, “Tenant’s Agents”), Tenant shall pay to Landlord the reasonable cost of such maintenance and provisions of the Work Letter.
18.3 repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease except to the extent that (a) unless such failure shall persist persists for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance, or (b) such failure arises from Landlord’s gross negligence or willful misconduct. Tenant shall provide gives written notice to Landlord of any needed maintenance the need for such repairs or repairs which Landlord maintenance. Notwithstanding anything in this Lease to the contrary, in the event of an interruption in essential services to the Premises (defined for these purposes as the failure to provide HVAC service, electrical service, elevator service, water or restroom facilities) or Tenant’s access to Premises is obligated to perform under this Leasematerially impaired, and Landlord such interruption or impairment continues for a period of five (5) consecutive days or twenty (20) days in any one calendar year, Tenant shall use reasonable good faith efforts be entitled to undertake an abatement of Rent for the period that such maintenance services are not provided where such interruption or repairs as soon as reasonably possible after receipt impairment materially interferes with the normal business conduct of Tenant in the Premises. If any such noticeinterruption 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 its rights under Applicable Laws now or hereafter in effect the right to make repairs at Landlord’s expenseexpense under any law, statute or ordinance now or hereafter in effect.
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 obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the Premises.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section within thirty (30) days of invoice.
Appears in 1 contract
Samples: Lease (National Mercantile Bancorp)
Repairs and Maintenance. 18.1 Landlord shall repair and maintain the structural and exterior portions and Common Area 8.1 By taking possession of the Building Premises, Tenant shall accept the Premises as being in the condition in which Landlord is obligated to deliver them and the Projectotherwise in good order, including but not limited condition and repair, subject to roofing and covering materials; foundations punch list items to be installed, completed or repaired by Landlord within mutually agreeable time frames (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed or furnished by Landlord.
18.2 Except for services of Landlord"Punch List") as contained in an itemized listing which must be submitted, if anyat all, required by Section 18.1Tenant to Landlord within thirty (30) of the Commencement Date. Notwithstanding the foregoing, concerning Tenant's acceptance and subject to Landlord’s obligations under any other waivers contained elsewhere in this Lease, Tenant shall not be deemed to have waived claims or rights against Landlord for any latent defects in the 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 date of actual discovery to notify Landlord in writing of claims for latent defects, and Landlord shall thereafter take such steps as may be reasonably necessary to resolve such issues. Subject to the provisions of Section 22 below, Tenant shall, at all times during the term hereof and, at Tenant’s 's sole cost and expense maintain and expense, keep the interior of the Premises and every part thereof in good order, condition and repair, damage thereto from ordinary wear . It is hereby understood and tear or from casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below), and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records agreed that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear and damage by casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises installed by Tenant, and repair any damage to the Premises caused thereby. Landlord shall have has no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant except as specified in Section 22 below or in the Work Agreement, and that no representations relating to the terms and condition of the Premises, the Building or the Project have been made by Landlord (or any employee or agent thereof) to Tenant, except as may be expressly set forth in this Lease.
8.2 Subject to the provisions of the Work Letter.
18.3 Section 8.1. above and Section 22 below, Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease except to maintain the extent that (a) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice common areas, the foundation and structural portions of the need of such repairs or maintenance, or (b) such failure arises from Landlord’s gross negligence or willful misconduct. Tenant shall provide written notice to Landlord of any needed maintenance or repairs which Landlord is obligated to perform under this Lease, and Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible after receipt of such notice. 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 and the Building systems providing the services and utilities 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 obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the Premises.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Costs incurred furnished by Landlord pursuant to this Article shall constitute Operating ExpensesSection 13.1. below, in reasonably good order and condition and repair.
18.7 Notwithstanding anything to 8.3 Landlord shall be responsible for compliance of the contrary in this LeaseProject (excluding the interior of the Premises) with the Americans With Disabilities Act and any similar state or other federal laws (collectively, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse "ADA Xxxx") xn effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action and perform such work as is reasonably necessary to repair any portion or component Commencement Date of the Premises, Building or the Project to the extent necessary to restore such services to the PremisesLease; 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 shall give Landlord as much advance written or any tenant of a notice as reasonably practicable from any governments agency or authority (federal, state or local) requiring that the Project of any portion thereof comply with the actions it is takingADA Xxxx, (bx) the making, filing or threatening to make or file a claim of action arising, in no event shall Tenant be permitted access towhole or in part, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or out of alleged non-compliance of the Project, and or any portion thereof, with the ADA Xxxx, (cx) in exercising its rights the non-compliance of the Project or any portion thereof with the ADA Xxxx xxxsing a default under this Section 18.7any loan secured by the Project, or (d) any actions of Landlord, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference tenant with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services respect to the Premises addressed by Tenant under this Section is due Property that cause any of the foregoing to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section within thirty (30) days of invoiceoccur.
Appears in 1 contract
Repairs and Maintenance. 18.1 Landlord shall repair and maintain the structural and exterior portions and Common Area of the Building and the Project, including but not limited to roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed or furnished by Landlord.
18.2 Except for services the obligations of LandlordLandlord set forth in Section 6.03, if any, required by Section 18.1, and subject to Landlord’s obligations under this Lease, Tenant shall at Tenant’s sole cost and expense maintain and keep the interior of the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear or from casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below), and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear and damage by casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; and shall, at Landlord’s request and Tenant’s its sole cost and expense, remove shall keep, manage and maintain all telephone and data systems, wiring and equipment from portions of the Premises installed by Tenant, and repair any damage to the Premises caused therebyin a first class manner. 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.
18.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease except to the extent that (a) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance, or (b) such failure arises from Landlord’s gross negligence or willful misconduct. Tenant shall provide written notice to Landlord of any needed maintenance or repairs which Landlord is obligated to perform under this Lease, and Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible after receipt of such notice. 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 obligations under this Lease; subject Article apply to compliance with all interior and exterior areas of the Premises, all structural and non-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 reasonable security procedures obligations to maintain the Premises under this Article shall include the obligation to repair, restore and so long replace elements of the Premises from time to time in order to keep the Premises in a first class condition. Tenant shall maintain a schedule outlining expected future repairs, replacements and capital improvements for the Premises and the timeframe in which such matters are expected to be accomplished (the “Repair, Replacement and Capital Improvement Schedule”) in accordance with Section 7.03. As a helpful reference, an Anticipated Future Average Useful Life Schedule is attached hereto as Landlord 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 using commercially reasonable efforts to minimize any material adverse interference with incorporated by reference herein. Tenant’s use obligations under this Article shall apply to all maintenance matters, ordinary and extraordinary, and foreseen and unforeseen. Any repairs performed by Tenant shall be at least equal in quality and class required for the original Work. Tenant shall manage and maintain the Premises as would a prudent owner and shall not commit, or allow any of its employees, tenants, 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 shall not permit any damaged structures to remain 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.
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.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section within thirty (30) days of invoice.
Appears in 1 contract
Samples: Lease Agreement
Repairs and Maintenance. 18.1 Landlord shall repair (a) Tenant shall, at its expense, throughout the term of this Lease, take good care of and maintain in good order and condition the Premises and the fixtures (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 repairs in and to the interior of the Premises. Furthermore, Tenant shall be responsible for the cost of all repairs, interior and exterior, structural and exterior portions non-structural, ordinary and Common Area of extraordinary, foreseen or unforeseen, in and to the Building and the Projectfacilities 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, including but not limited to roofing (b) the moving of Tenant’s fixtures, furniture and covering materialsequipment 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; foundations (excluding any architectural slabsunless such plans and specifications were designed by the engineer then designated by Landlord, but including any structural slabs); exterior walls; plumbing; fire sprinkler 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); HVAC systems; elevators; ) and electrical systems 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 furnished by Landlord.
18.2 Except for services of Landlord, if any, required by Section 18.1, and subject to Landlord’s obligations under this Leaseshowers in the Premises, Tenant shall at Tenant’s sole cost and expense maintain and keep the interior of the Premises and every part thereof in good condition and repairbe solely responsible for any maintenance, damage thereto from ordinary wear and tear or from casualty and eminent domain excepted (subject repair and/or replacement work and/or any damages to the terms of Sections 24 and 25 below), and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records Building that Landlord reasonably requestsarises in connection therewith. Tenant shall, upon the expiration All repairs in or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear and damage by casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises installed by Tenant, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter.
18.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that which Tenant is Landlord’s obligation pursuant to this Lease except to the extent that (a) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance, or (b) such failure arises from Landlord’s gross negligence or willful misconduct. Tenant shall provide written notice to Landlord of any needed maintenance or repairs which Landlord is obligated to perform under this Lease, and Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible after receipt of such notice. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense.
18.4 If any excavation responsible shall be made upon land adjacent to or under the Building, or shall be authorized to be made, performed by 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 in a prompt manner 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 in accordance with Tenant’s obligations under this Lease; subject provided, however, any repairs in and to compliance with 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) Landlord shall, at its expense, keep and maintain the Building in good repair and in a condition comparable to similar first-class office buildings in the Wall Street area. Except to the extent Tenant is responsible for the same in accordance with the provisions of subsection 13.01(a) hereof, Landlord shall make all necessary repairs (structural and non-structural) to the facilities and systems of the Building, the public portions and common areas of the Building, the structural components of the Building and the public portions of the Land. Landlord shall be responsible, at its sole cost and expense, 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 security procedures advance notice to Tenant in accordance with Section 16.03 hereof and so long in such a manner as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the Premises.
18.5 This Article relates . However, nothing contained herein shall be construed to require Landlord to perform such repairs and maintenance arising in on an overtime or premium-pay basis unless (i) the ordinary course performance 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.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with such work during Business Hours would have a material adverse effect affect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action and perform such work as is reasonably necessary to repair any portion or component of business in the Premises, would substantially interfere with access to the Building or the Project Premises or would result in the stoppage of any Building systems; or (ii) such overtime or premium-pay basis is required to expedite the extent necessary cure of a condition which presents an immediate danger to restore such services to persons or property within the Premises; provided, however, that (a) .
13.02. Tenant shall give Landlord as much advance written prompt notice as reasonably practicable of any defective condition of which Tenant has actual knowledge in any of the actions it 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 takingresponsible for same under the provisions of this Article 13.
13.03. Except as otherwise expressly provided in this Lease, (b) Landlord shall have no liability to Tenant, nor shall Tenant’s covenants and obligations under this Lease be reduced or abated in no event shall Tenant be 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 access toby this Lease, or required by law, to take any action that would reasonably be expected make in or to affectthe fixtures, any equipment or facilities that serve other tenants’ premises in appurtenances of the Building or the ProjectPremises. Notwithstanding the foregoing or anything else to the contrary contained in this Lease, and if for any reason other than as a direct result of the affirmative act or omission (cwhere Tenant had a duty to act) in exercising its rights under this Section 18.7of 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 solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises fully abated in the Buildingevent 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, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expenseas the case may be. If the emergency situation resulting 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 interruption Premises or the Unusable Area, as the case may be, and none of services 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 Premises addressed Unusable Area only, as the case may be. Inspections by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed attempts by Tenant to remedy such interruption of services to retrieve records, personal property and equipment from the Premises is or the Unusable Area shall not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section within thirty (30) days of invoicedeem said space tenantable.
Appears in 1 contract
Repairs and Maintenance. 18.1 Landlord shall repair and maintain the structural and exterior portions and Common Area of the Building and the Project, including but not limited to roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed or furnished by Landlord.
18.2 Except for services of Landlord, if any, required by Section 18.1, and subject to Landlord’s obligations under this Lease, Tenant shall at Tenant’s sole cost and expense maintain and keep the interior of the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear or from casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below), and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear and damage by casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; and shallwill, at Landlord’s request and Tenant’s its sole cost and expense, remove maintain in good order and repair the Premises, and all telephone and data of its fixtures, systems, wiring equipment (excluding the HVAC units) and equipment from 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 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 installed during usual business hours for the purposes of (i) inspecting the same, (ii) verifying compliance or non-compliance by TenantTenant 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 repair (iv) exhibiting the Premises during the Initial Lease Term or any damage renewal thereof to any lender, purchaser, prospective tenant or other interested parties. Nothing in this Section imposes any duty upon the part of Landlord to do any such work or to make any repairs to the Premises caused therebyof any kind whatsoever, except as specifically 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 have no obligation will promptly, after Tenant has given Landlord notice of the necessity therefor, make all repairs required to alterbe made by Landlord under Section 6.2, remodelprovided, improvehowever, repairthat Landlord will not in any event be liable, decorate nor will Tenant be entitled to any abatement or paint setoff or deduction from rent, nor will the Premises 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 than pursuant to disturbance, (ii) bringing materials, supplies and equipment into or through the terms and provisions Premises, or (iii) the Premises being rendered wholly or partially untenantable because of the Work Letter.
18.3 Landlord shall not be liable for any Landlord's failure to make any repairs or required to perform any maintenance that is Landlord’s obligation pursuant to this Lease except to the extent that (a) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance, or (b) such failure arises from Landlord’s gross negligence or willful misconduct. Tenant shall provide written notice to Landlord of any needed maintenance or repairs which Landlord is obligated to perform under this Lease, and Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible after receipt of such notice. 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 hereunder by Landlord. Landlord will exercise due diligence not 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 obligations under this Lease; subject to compliance interfere with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the Premises.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right's business operation, but will not the obligation, be required to take employ overtime labor to avoid such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section within thirty (30) days of invoiceinterference.
Appears in 1 contract
Samples: Lease Agreement (Englobal Corp)
Repairs and Maintenance. 18.1 Landlord A. Subject to provisions of paragraph 15, Lessor shall repair keep and maintain the roof, paving, structural elements, landscaping, irrigation, and exterior portions and Common Area walls of the Building building in which the Premises are located in good order and the Projectrepair. Lessee shall reimburse Lessor for its proportionate share of said expenses, including but not limited to roofing except for roof structure and covering materials; foundations (excluding any architectural slabs, but including any other structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed or furnished by Landlord.
18.2 Except for services of Landlord, if any, required by Section 18.1, and subject to Landlord’s obligations under this Lease, Tenant elements which shall be at Tenant’s Lessor's sole cost and expense maintain and keep the interior of the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear or from casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below), and shallexpense, within ten (10) days after of Lessee's receipt of written notice from LandlordLessor's invoice demanding payment. If, provide however, any repairs or maintenance is required because of an act or omission of
(1) Lessor does not currently carry earthquake insurance. However, Lessor reserves the right to Landlord any maintenance records that Landlord reasonably requestsdo so should it become available at commercially reasonable rates. Tenant shall, upon the expiration or sooner termination Lessee's obligation to pay premiums for earthquake insurance shall be limited to 150% of the Termcost of coverage provided for in this Section 9C. Lessee or its agents, surrender employees, or invitees, Lessee shall pay to Lessor upon demand one hundred percent (100%) of the Premises to Landlord costs of such repair and maintenance. SEE ADDENDUM #7
B. Except as expressly provided in as good a condition as when receivedSubparagraph A above, ordinary wear and tear and damage by casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; and Lessee shall, at Landlord’s request its sole cost, keep and Tenant’s sole cost maintain the entire Premises and every part thereof, 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. Lessee shall, at all times during the Lease term and at his expense, remove all telephone and data systemshave in effect a service contract for the maintenance of the heating, wiring and equipment from the Premises installed by Tenantventilating, and air-conditioning (HVAC) equipment with an HVAC repair any damage and maintenance contractor approved by Lessor which provides for periodic inspection and servicing at least once every three (3) months during the term hereof. Lessee shall further provide Lessor with a copy of such contract and all periodic service reports. Should Lessee fail to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint maintain the Premises or any part thereofmake repairs required of Lessee hereunder forthwith upon notice from Lessor, Lessor, in addition to all other than pursuant to the terms and provisions of the Work Letter.
18.3 Landlord shall not be liable for any failure to make any repairs remedies available hereunder or to perform any maintenance that is Landlord’s obligation pursuant to this Lease except to the extent that (a) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance, or (b) such failure arises from Landlord’s gross negligence or willful misconduct. Tenant shall provide written notice to Landlord of any needed maintenance or repairs which Landlord is obligated to perform under this Leaseby law, and Landlord without waiving any alternative remedies, may make the same, and in that event, Lessee shall use reasonable good faith efforts to undertake reimburse Lessor as additional rent for the cost of such maintenance or repairs as soon as reasonably possible after receipt on the next date upon which rent becomes due. Lessee hereby expressly waives the provision of such notice. Tenant waives its Subsection 1 of Section 1932, and Sections 1941 and 1942 of the Civil Code of California and all rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expensethe expense of Lessor, as provided in Section 942 of said Civil Code.
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 obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the Premises.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section within thirty (30) days of invoice.
Appears in 1 contract
Samples: Lease (SCM Microsystems Inc)
Repairs and Maintenance. 18.1 18.1. Landlord shall repair repair, maintain and maintain keep in good condition the structural and exterior portions and Common Area Areas of the Building and the Project, including but not limited to roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs)foundations; exterior walls; plumbing; fire sprinkler systems (if any); HVAC heating, ventilating, air conditioning systems; elevators; and electrical systems installed or furnished by Landlord.
18.2 18.2. Except for services of Landlord, if any, required by Section 18.1, and subject to Landlord’s obligations under this Lease, Tenant shall at Tenant’s sole cost and expense maintain and keep the interior of the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear or from casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below), and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requestsexcepted. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear and damage by casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Dateexcepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and related exposed and accessible equipment from the Premises (except those installed by Tenantas part of the Tenant Improvements), and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter.as described in Exhibit B.
18.3 18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease except to the extent that (a) unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance, or (b) such failure arises from Landlord’s gross negligence or willful misconduct. Tenant shall provide written notice to Landlord of any needed maintenance or repairs which Landlord is obligated to perform under this Lease, and Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible after receipt of such notice. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expenseexpense or deduct the cost of such repairs from Rent.
18.4 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 (accompanied by a representative designated by Tenant) 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 obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the Premises.
18.5 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 18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section within thirty (30) days of invoice.
Appears in 1 contract
Samples: Lease (Inovio Pharmaceuticals, Inc.)
Repairs and Maintenance. 18.1 Landlord shall repair and maintain the structural and exterior portions and Common Area of the Building and the Project, including but not limited to roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed or furnished by Landlord.
18.2 Except for services of Landlord, if any, required by Section 18.1, and subject to Landlord’s obligations under this Lease, Tenant shall at Tenant’s sole cost and expense maintain and keep the interior of the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear or from casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below), and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests9.1. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear and damage by casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; and shallLessor, at Landlord’s request and TenantLessor’s sole cost and expense, remove 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 telephone structural elements and data 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 and maintenance of the same (to the extent required) during such warranty period, and 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 (but not limited to) repair and maintenance of all elevators, HVAC systems, wiring boilers, mechanical systems, electrical systems, sprinklers, security systems, plumbing systems and associated equipment from within the Premises installed by TenantBuilding. Notwithstanding the foregoing, the cost of all Capital Expenses necessary to comply with Lessee’s obligations under this Section 9.2 shall be 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 hallways and entrances to the Building free and clear of debris, and repair any damage 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 Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises Building or any part thereof.
9.4. Lessee shall, other than pursuant 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 terms and provisions access roads that do not form a part of the Work LetterPremises 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.
18.3 Landlord 9.5. Lessee shall not be liable for permit, allow or cause any failure to make any repairs act or to perform any maintenance that is Landlord’s obligation pursuant to this Lease except to the extent that (a) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance, or (b) such failure arises from Landlord’s gross negligence or willful misconduct. Tenant shall provide written notice to Landlord of any needed maintenance or repairs which Landlord is obligated to perform under this Lease, and Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible after receipt of such notice. 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 deed to be made, Tenant performed or any practice to be adopted or followed on the Premises and/or within the Building which shall afford to the person causing cause or authorized be likely 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 person or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the Premises.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential or to become a material interference to the operation of Tenant’s equipment or any part thereof. Lessee at all times shall keep the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure 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 commence such restoration is not due be placed upon the Premises in areas to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7, Tenant shall be solely responsible for, designated by Lessor and shall reimburse, indemnify, defend cause the same to be emptied periodically. Lessee shall deposit all refuse in such containers and hold harmless shall keep the area around such containers reasonably neat and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section within thirty (30) days of invoiceattractive.
Appears in 1 contract
Samples: Lease Agreement (Realogy Corp)
Repairs and Maintenance. 18.1 (a) Landlord shall maintain, repair and maintain 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 the exterior walls of the Building, the common areas of the Building, the parking lot and exterior other portions of the Land in good repair, reasonable wear and Common Area 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 maintain, repair and 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, fixtures and regular removal of trash and debris, and plumbing work repairs due to negligence of the Tenant.
(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 Projectdefaulting 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 maintain all heating and air conditioning systems and units in the Premises, including but not limited to roofing the removal and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed or furnished by Landlord.
18.2 Except for services replacement of Landlord, if any, required by Section 18.1, and subject to Landlord’s obligations under this Lease, filters. Tenant shall at Tenant’s sole cost and expense maintain and keep provide for the interior reasonable cleaning of the Premises and every part thereof in good condition the removal of all trash and repairdebris. If such services are performed by third parties, damage thereto from ordinary wear contracts for such services shall be with parties and tear or from casualty upon such terms and eminent domain excepted (subject to the terms of Sections 24 and 25 below), and shall, within ten (10) days after receipt of written notice from conditions as shall be reasonably approved by Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination shall provide Landlord a copy of such contracts within five days of the Termexecution of this Lease.
(e) Tenant shall not damage any demising wall of the Building, surrender or disturb the Premises to Landlord in as good a condition as when received, ordinary wear integrity and tear and damage support provided by casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; any demising wall and shall, at Landlord’s request and Tenant’s its sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises installed by Tenant, and promptly repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter.
18.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease except to the extent that (a) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance, or (b) such failure arises from Landlord’s gross negligence or willful misconduct. Tenant shall provide written notice to Landlord of any needed maintenance or repairs which Landlord is obligated to perform under this Lease, and Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible after receipt of such notice. 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 obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the Premises.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons any demising wall caused by Tenant or property its employees, agents or invitees.
(f) 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 Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts rules and regulations as Landlord may from time to minimize interference with the time prescribe and subject to rights of ingress and egress of other tenants to tenants. Parking shall be available at the Premises for the nonexclusive use their respective premises in the Building, and all work done in accordance herewith must be performed at a of Tenant. Landlord shall provide reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services assistance to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not for enforcing Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section within thirty (30) days of invoiceparking rights against any third parties.
Appears in 1 contract
Repairs and Maintenance. 18.1 Landlord (a) Except as specifically otherwise provided in subparagraphs (b) and (c) of this Article, Tenant, at its sole cost and expense and throughout the Term of this Lease, shall repair keep and maintain the Premises in good order and condition, free of accumulation of dirt and rubbish, and shall promptly make all non-structural repairs necessary to keep and exterior portions maintain such good order and Common Area condition. Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make such repairs to the Premises within a reasonable time of notice to Landlord and shall charge Tenant for such services at Landlord’s standard rate (such rate to be competitive with the market rate for such services). When used in this Article 14, the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the ProjectPremises.
(b) Landlord, including but not limited throughout the Term of this Lease and at Landlord’s sole cost and expenses, shall make all necessary repairs to roofing the footings and covering materials; foundations and the structural steel columns and girders forming a part of the Premises.
(excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); c) Landlord shall maintain all HVAC systems; elevators; , plumbing and electric systems serving the Building and the Premises other than Tenant’s specialty HVAC system or electrical systems installed or furnished system which shall be maintained exclusively by Landlord.
18.2 Except for services of Landlord, if any, required by Section 18.1, and subject to Landlord’s obligations under this Lease, Tenant shall at Tenant’s sole cost and expense maintain expense. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and keep plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof.
(d) Landlord, throughout the interior Term of this Lease, shall make all necessary repairs to the Building outside of the Premises and every part thereof the common areas, including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in good condition and repairthe Building, damage thereto from ordinary wear and tear or from casualty and eminent domain excepted (subject to which serve more than one tenant of the terms of Sections 24 and 25 below)Building, and shallto any driveways, within ten (10) days after receipt of written notice from Landlordsidewalks, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shallcurbs, upon the expiration or sooner termination of the Termloading, surrender the Premises to Landlord in as good a condition as when received, ordinary wear parking and tear and damage by casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises installed by Tenantlandscaped areas, and repair any damage to other exterior improvements for the Premises caused thereby. Building; provided, however, that 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.
18.3 Landlord shall not be liable for any failure responsibility to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease except to the extent that (a) such failure shall persist for an unreasonable time after Tenant provides unless and until Landlord with receives written notice of the need for such repair or Landlord has actual knowledge of the need to make such repairs or maintenance, or (b) such failure arises from Landlord’s gross negligence or willful misconductrepair. Tenant shall provide written notice pay its Allocated Share of the cost of all repairs, as limited under Article 6 with respect to Landlord of any needed maintenance or repairs which Landlord is obligated to perform under this Leasecapital repairs, and Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible after receipt of such notice. 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 obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the Premises.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Costs incurred performed by Landlord pursuant to this Article shall constitute Operating Expenses14(d) as Additional Rent as provided in Article 6 hereof.
18.7 (e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. Tenant shall pay its Allocated Share of the cost of all work to be performed by Landlord pursuant to this subaragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Building.
(f) Notwithstanding anything herein to the contrary contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made at the sole cost and expense of Tenant, except to the extent of insurance proceeds received by Landlord.
(g) Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in this Leaseaccordance with the guidelines set forth in Exhibit “D” attached hereto and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof.
(h) Notwithstanding the foregoing to the contrary, in the event of emergency that results in an interruption in Tenant is not satisfied with the maintenance, repair and janitorial services to for the Premises that has provided by the reasonable potential to become a material interference to the operation Landlord, and such service is not corrected within sixty (60) days following receipt by Landlord of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and setting forth the failure to commence such restoration is not due to precise nature of the unavailability of necessary equipment, parts, materials or labor or other Force Majeuredeficiencies, then Tenant shall have the right, but not the obligationat its expense, to take such action provide for its own maintenance, repair and perform such work as is reasonably necessary to repair any portion or component janitorial services of the Premises, Building or which shall be performed in a manner consistent with first class office buildings, and in such event, the Project to the extent necessary to restore cost of performing such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising deducted from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section within thirty (30) days of invoiceRecognized Expenses.
Appears in 1 contract
Samples: Triple Net Lease (Qad Inc)
Repairs and Maintenance. 18.1 Landlord shall repair and maintain the structural and exterior portions and Common Area of the Building and the Project, including but not limited to roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed or furnished by Landlord.
18.2 Except for services of Landlord, if any, required by Section 18.1, and subject to Landlord’s obligations under this Lease, Tenant shall at 8.1 The Tenant’s sole cost and expense maintain and keep the interior of the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear or from casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below), and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear and damage by casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; and shall, at Landlord’s request and Tenant’s its sole cost and expense, remove all telephone shall take good care of and data systems, wiring and equipment from maintain the Premises installed and the Personal Property, including following the maintenance schedules and procedures identified on Schedule 8.1 hereto and Schedule 6.3(a) to the Contribution Agreement and such other maintenance schedules and procedures as shall be mutually agreed upon by the parties hereto, and shall keep the Premises and the Personal Property in good order, condition and repair throughout the Term and shall, in a good and workerlike manner, make all repairs therein and thereon, interior and exterior, structural and non-structural, necessary to keep the same in good order and condition, whether or not necessitated by obsolescence or wear and tear.
Section 8.2 The Tenant shall also be responsible for making all structural repairs and replacements relating to the roof, the foundations or the exterior walls of any of the buildings comprising the Demised Premises; provided, however that Landlord shall be responsible for making all structural repairs and replacements relating to the roof, the foundations or the exterior walls of any of the buildings comprising the Original Demised Premises and Designated Original Licensed Premises other than (a) those structural repairs made in connection with routine and ordinary maintenance of the Original Demised Premises and Designated Original Licensed Premises, and (b) those repairs made in connection with damage or injury caused by or resulting from Tenant's Alterations, or from carelessness, omission, neglect or improper conduct of Tenant, Tenant's agents, employees, invitees or licensees. Notwithstanding the foregoing, Landlord shall not have any obligation under the preceding sentence unless and until such time as the reasonably incurred costs and expenses incurred by Tenant for such repairs as would otherwise be Landlord's responsibility under the preceding sentence exceed Seven Hundred Fifty Thousand Dollars ($750,000) (the "BASKET") and Tenant has presented invoices and other documentation reasonably requested by Landlord in connection with the same. Landlord shall not have any obligation to reimburse Tenant for any costs and expenses included within the Basket. Tenant shall give Landlord prompt notice of any defective condition and the party responsible for such repair hereunder shall make all such repairs as soon as practicable.
Section 8.3 The Tenant shall, at the Tenant's cost and expense, cause to be kept clean and free from dirt, snow, ice, rubbish, obstructions and encumbrances, the sidewalks, passageways, grounds, parking areas, walks, alleys and curbs within the Plant and the Landlord shall pay to Tenant, a pro rata share of the cost thereof taking into account the total area occupied and their respective requirements based on usage, as reasonably determined by the Landlord and the Tenant in accordance with Article 24 hereof and EXHIBIT "B" attached hereto.
Section 8.4 The Tenant shall be responsible for repairing and maintaining the Personal Property in accordance with the Landlord's specifications as provided to the Tenant from time to time.
Section 8.5 Tenant agrees to perform the work necessary in a manner determined by Tenant, but in accordance with the terms of Article 7, to address the conditions noted within the Premises in (i) the Engineering Report of Roof and repair Wall System for Xxxxxxxx/Xxxxxx Xxxxxxxx #00 dated March 12, 1999, prepared by Xxxxxxx and Associates, Inc. and (ii) the Engineering Report of Erie Facility Buildings for Accuride Corporation dated March 12, 1999, prepared by Xxxxxxx and Associates, Inc. Such work shall be performed on a timely basis as reasonably determined by Tenant in accordance with the terms of this Lease and, except as otherwise set forth herein, Tenant shall bear all costs and expenses associated with such work. Reasonable costs and expenses incurred by Tenant to make any damage structural repairs and replacements to address conditions noted in such reports relating to the roof, the foundations or the exterior walls of any of the buildings comprising the Original Demised Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the and Designated Original Licensed Premises or any part thereof, other than pursuant (a) those structural repairs made in connection with routine and ordinary maintenance of the Original Demised Premises and Designated Original Licensed Premises, and (b) those repairs made in connection with damage or injury caused by or resulting from Tenant's Alterations, or from carelessness, omission, neglect or improper conduct of Tenant, Tenant's agents, employees, invitees or licensees, shall, subject to the terms and provisions of set forth above, be included within the Work LetterBasket.
18.3 Section 8.6 Notwithstanding any provision contained herein to the contrary, Landlord shall not be liable for have any failure obligations to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease except to the extent that (a) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice portion of the need of such repairs or maintenance, or (b) such failure arises from Landlord’s gross negligence or willful misconduct. Tenant shall provide written notice to Landlord of any needed maintenance or repairs which Landlord is obligated to perform under this Lease, and Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible after receipt of such notice. 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 Plant not included within the Premises for the purpose of performing such work as such person shall deem except those repairs reasonably necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse prevent unreasonable interference with Tenant’s use of the Premises's operations.
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.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section within thirty (30) days of invoice.
Appears in 1 contract
Samples: Lease Agreement (Accuride Corp)
Repairs and Maintenance. 18.1 Landlord (a) Except as expressly set forth herein, Owner shall repair not be required to provide Tenant any services hereunder and maintain the structural and exterior portions and Common Area of the Building and the Projectall services, including but not limited without limitation, electricity and other utilities, shall be obtained and maintained at the sole cost, expense and risk of Tenant. Tenant shall be responsible for electricity and other utility costs for the entire Property. Furthermore, in no event shall Owner be liable for any interruption or failure in the supply of any such utility to roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed or furnished by Landlordthe Premises.
18.2 Except for services of Landlord, if any, required by Section 18.1, and subject to Landlord’s obligations under this Lease, (b) Tenant shall be responsible, at Tenant’s its sole cost and expense maintain expense, for all repair and keep maintenance of the interior Premises, provided that Tenant will not be responsible for any repairs or maintenance that are necessitated by the condition of the Premises and every part thereof in good condition and repairas of the date of Tenant’s occupancy, damage thereto from ordinary wear and tear or from casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below), and shallprovided that Tenant provides Landlord, within ten (10) days after receipt of the Commencement Date, a written notice from Landlordproperty inspection report (the “Property Inspection Report”) describing the condition of the Premises as of the Commencement Date, provide to Landlord any maintenance records that Landlord reasonably requestsbe 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, upon throughout the expiration or sooner termination term hereof, take good care of the Term, surrender Premises and the Premises to Landlord in as good a condition as when received, ordinary wear fixtures and tear and damage by casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; and shallappurtenances therein and, at Landlord’s request and Tenant’s 's sole cost and expense, remove make all telephone non-structural repairs thereto, and, as required, non-structural replacements thereof, as and data systemswhen needed to preserve the same in good working order and condition, wiring reasonable wear and equipment tear, obsolescence and damage from the Premises installed by Tenantelements, fire or other casualty, excepted. Tenant shall be responsible, at its sole cost and repair any expense, for all damage or injury to the Premises (including all improvements or alterations therein), whether or not requiring structural repairs, caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate by or paint resulting from Tenant’s use or occupancy of the Premises or any part thereofTenant’s or its invitees’ acts, omissions, neglect or unsafe conduct. Tenant is also obligated to perform, at Tenant’s own cost and risk, all other than pursuant maintenance and repairs necessary to cause the terms Premises to be suitable for Tenant’s intended commercial purposes.
(c) Excluding Tenant’s maintenance and provisions 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 Work Letter.
18.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease except to the extent that (a) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance, or (b) such failure arises from Landlord’s gross negligence or willful misconduct. Tenant shall provide written notice to Landlord of any needed maintenance or repairs which Landlord is obligated to perform under this Lease, and Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible after receipt of such notice. 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 obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the Premises.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenantbuilding, and the failure to commence such restoration is not due structural components of the building, the cost of supplying HVAC to the unavailability building, the costs of necessary equipmentmaintaining, partsrepairing, materials lining and lighting all appurtenant parking, sidewalk and ingress areas, and the planting, mowing and maintaining of all planted areas within or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project appurtenant to the extent necessary to restore such services to the Premises; Property, provided, however, while the foregoing maintenance and repair obligations shall include replacements as warranted, that (ai) 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 shall give Landlord as much advance written notice as reasonably practicable not be responsible for 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 actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph)Property as provided above. Tenant shall use commercially reasonable efforts to minimize interference with pay the rights of other tenants to use their respective premises amount as specified in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section invoice as Additional Rent within thirty ten (3010) 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 obligations to pay for such maintenance and repairs.
Appears in 1 contract
Repairs and Maintenance. 18.1 (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 repair be under no liability, nor have any obligation to do any work or make any repairs in or to the Premises and maintain any work which may be necessary to outfit the structural Premises for Tenant's occupancy or for the operation of Tenant's business therein is the sole responsibility of Tenant and exterior portions shall be performed by Tenant at its own cost and Common Area expense. Tenant acknowledges that it has fully inspected the Premises prior to the execution of the Building and the Project, including but not limited to roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed or furnished by Landlord.
18.2 Except for services of Landlord, if any, required by Section 18.1, and subject to Landlord’s obligations under 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 Tenant’s sole cost 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 maintain 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 and every part thereof until called for to be removed. Except as provided for in good condition and repairparagraph 9 herein, damage thereto from ordinary wear and tear Tenant further agrees that it will not install any additional electrical wiring or from casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below)plumbing unless it has first obtained Landlord's written consent thereto, and shalland, within ten (10) days after receipt of written notice from Landlordif such consent is given, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear and damage by casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially will install the same condition as existed on the Term Commencement Date; and shall, at Landlord’s request and Tenant’s sole its own cost and expense, remove and Tenant shall obtain, at Tenant's expense, all telephone and data systems, wiring and equipment from the Premises installed by Tenant, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letterpermits required for such installation.
18.3 Landlord (c) In the event Tenant shall not be liable for any failure proceed promptly and diligently to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease except to the extent that imposed upon it by subparagraphs (a) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance, or and (b) such failure arises from Landlord’s gross negligence or willful misconduct. Tenant shall provide written notice to Landlord of any needed maintenance or repairs which Landlord is obligated to perform under this Lease, and Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible after receipt of such notice. 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 obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the Premises.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section 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 the Premises and do and perform the things specified in said notice, and Tenant agrees to pay promptly upon demand any cost or expense incurred by Landlord in taking such action.
(d) Notwithstanding the provisions of invoiceparagraph 11, Landlord represents that at the commencement of the lease the Site to include any paved areas, the Building and all operating systems to include the roof, electrical, mechanical, plumbing and sprinkler systems, are in a good state of repair and condition and are in compliance with all applicable building codes, rules and regulations. Landlord represents that the condition of the aforementioned systems will comply with the specifications set forth on Exhibit "A".
Appears in 1 contract
Repairs and Maintenance. 18.1 7.1. Landlord shall repair maintain or cause to be maintained, the common areas of the Building such as lobbies, elevators, stairs and maintain corridors, the structural roof, foundations, parking lots, driveways, sidewalks, curbs, landscaping, lighting and exterior portions and Common Area walls of the Building and the Project, including but not limited to roofing underground utility and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); sewer pipes outside the exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed or furnished by Landlord.
18.2 Except for services walls of Landlordthe Building, if any, required provided that to the extent any of such repairs is rendered necessary by Section 18.1the gross negligence or willful misconduct of Tenant, and subject to Landlord’s obligations under this Leaseits agents, customers, employees, independent contractors, guests or invitees, Tenant shall at Tenant’s sole cost 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 expense maintain and keep maintenance to the interior of the Premises and every part thereof Landlord shall be under no obligation to inspect the Premises. Tenant shall promptly report in good writing to Landlord any defective condition and known to it which Landlord is required to repair. Tenant hereby waives the right to make repairs at Landlord's expense under any other law, damage thereto from ordinary wear and tear statute or from casualty and eminent domain excepted (subject ordinance now or hereafter in effect except as otherwise provided in this Article 7.
1. If Landlord fails to the terms of Sections 24 and 25 below), and shall, 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 after of receipt of written such notice from 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 reasonably required of Landlord in making such repair. If the repairs are deemed to be necessary in Landlord's reasonable determination, as well as the responsibility of Landlord, provide all reasonable costs incurred by Tenant in effectuating such repairs shall be reimbursed by Landlord after Tenant has submitted to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon reasonable documentation evidencing the expiration or sooner termination cost of the Term, surrender the Premises repair. If Landlord fails to Landlord in as good a condition as when received, ordinary wear and tear and damage by casualty and eminent domain excepted reimburse Tenant within thirty (subject to the terms 30) days of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises installed by Tenant, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter.
18.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease except to the extent that (a) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance, or (b) such failure arises from Landlord’s gross negligence or willful misconduct. Tenant shall provide written notice 's submission to Landlord of any needed maintenance or repairs which Landlord is obligated to perform under this Lease, and Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible after receipt documentation including the costs of such notice. 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 Buildingrepair, or shall be authorized to be made, then Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve have all remedies at law and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the Premises.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Projectequity. 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 All expenses incurred by Landlord pursuant to this Article shall constitute Operating Expenses.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight 7 (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed payable directly by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section as above provided) will be included within thirty (30) days of invoice"Other Operating Costs" as defined in Article 9.1.1.2 below.
Appears in 1 contract
Samples: Lease (Ace Comm Corp)
Repairs and Maintenance. 18.1 Landlord (a) Lessor shall repair and maintain in good order and serviceable condition the exterior and structural and exterior portions and Common Area of the Leased Premises, the common areas of the Building and the Projectbasic electrical system, including but not limited to roofing elevators, heating and covering materials; foundations (excluding any architectural slabsair-conditioning equipment and plumbing serving the Leased Premises, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed or furnished by Landlord.
18.2 Except for services of Landlord, if any, required by Section 18.1, and subject to Landlord’s obligations under this Lease, Tenant shall at Tenant’s sole cost and expense maintain and keep the interior of the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear or from casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below), and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records provided that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear and damage by casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises installed by Tenant, and repair any damage to the Premises caused thereby. Landlord Lessor shall have no obligation to alter(i) repair damage caused by the intentional acts or negligence of Lessee, remodelits employees, improve, repair, decorate agents and contractors; (ii) repaint or paint redecorate the interior of the Leased Premises (except as specifically provided in other provisions hereof); or any part thereof, other than (iii) make repairs which are required to be made by Lessee pursuant to the terms and provisions of the Work LetterParagraph 8(b).
18.3 Landlord shall not be liable (b) Lessee shall, at its own cost and expense, repair and maintain (except for ordinary wear and tear) the nonstructural interior portions of the Leased Premises, including interior doors, partitions, and floor coverings. Regardless of any failure other provisions of this Lease, Lessee shall, at its own cost and expense, repair or restore any damage or destruction to make any repairs portion of the Leased Premises or to perform any maintenance that is Landlord’s obligation pursuant to this Lease the Building caused by the intentional acts or negligence of Lessee, its employees, agents, contractors and licensees, except to the extent that such damage or destruction is covered by fire and extended coverage insurance obtained by Lessor as provided in Paragraph 10 hereof.
(ac) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice In the case of the need of such repairs emergencies (as determined by Lessor or maintenanceLessee), or (b) such failure arises from Landlord’s gross negligence if Lessee refuses or willful misconduct. Tenant shall provide written notice neglects to Landlord of any needed maintenance or commence repairs which Landlord it is obligated to perform under this Leasemake hereunder and complete the same with reasonable diligence, Lessor may make or cause such repairs to be made and shall not be responsible to Lessee for any loss or damage that may accrue to its property or business by reason thereof. If Lessor makes such repairs, and Landlord shall use reasonable good faith efforts to undertake such maintenance or if the same are repairs as soon as reasonably possible after receipt of such notice. Tenant waives its rights under Applicable Laws now or hereafter in effect which Lessee is obligated to make repairs at Landlord’s expensehereunder, Lessee shall pay Lessor, upon demand, the cost thereof. If Lessee defaults in such payment, Lessor shall have the remedies provided in Paragraph 13.
18.4 If any excavation shall (d) 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 land adjacent demand, the cost thereof. If Lessor defaults in such payment, Lessee may deduct the cost from rents due or to become due, or under 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 other portion of 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 posting notices of nonresponsibility or for any other reasonable purpose. If Lessor considers it necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundationsin connection with any such operations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the Premises.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24Lessor may erect scaffolding, Article 24 shall apply in lieu of this Article. In the event of eminent domainprops, Article 25 shall apply in lieu of this Article.
18.6 Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor obstructions or other Force Majeure, then Tenant shall have necessary devices in or about the right, but not the obligation, to take such action and perform such work as is reasonably necessary to repair any portion Leased Premises or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises elsewhere in the Building without incurring liability of any kind to Lessee on account thereof, except for the intentional acts or the Project, and (c) in exercising its rights under this Section 18.7, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence sole negligence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employeesLessor, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section within thirty (30) days of invoiceunless same constitutes a constructive eviction.
Appears in 1 contract
Repairs and Maintenance. 18.1 Landlord shall repair and maintain the structural and exterior portions and Common Area of the Building and the Project, including but not limited to roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed or furnished by Landlord.
18.2 Except for services of Landlord, if any, required by Section 18.1, and subject to (i) Master Landlord’s obligations under to maintain those Common Areas as provided in Section 4.2 of the Master Lease; and (ii) Sublandlord’s obligations to maintain, the Premises as more particularly described in Section 11.1 of the Master Lease (the cost of which shall be subject to reimbursement by Subtenant to Sublandlord as provided in this LeaseSublease) Subtenant shall, Tenant shall at TenantSubtenant’s sole expense, keep the Premises in good order and sanitary condition, and repair any damage thereto caused by Subtenant or Subtenant’s agents, employees or contractors. In addition, Subtenant shall, at its sole cost and expense maintain be responsible for the installation, maintenance and keep the interior repair of any back-up generator and supplemental air conditioning system installed at the Premises by or at the direction of Subtenant. Subtenant shall also be solely responsible for costs and every part thereof expenses of installation, maintenance and repair of any security access systems installed in good condition and repairthe Premises by Subtenant. If requested by Sublandlord at the time of Sublandlord’s consent to such alterations, damage thereto from ordinary wear and tear or from casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below), and Subtenant shall, within ten (10) days after receipt of written notice from Landlordat its sole cost, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, remove the security access system upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear and damage by casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises installed by Tenant, this Sublease and repair any damage to the Premises caused therebyby such removal (or, at Sublandlord’s option, and provided Sublandlord has given Subtenant at least ten (10) business days written notice prior to taking any action, shall pay to Sublandlord all of Sublandlord’s actual and documented costs of such removal and repair). Landlord shall have Except as specifically provided in this Sublease, Subtenant acknowledges that Sublandlord is under no obligation duty to alter, remodel, improve, repair, decorate make repairs or paint the Premises or any part thereof, other than pursuant improvements to the terms Premises, and provisions of Subtenant hereby waives any right it may have at law or in equity to enforce the Work Letter.
18.3 same. Notwithstanding the foregoing, to the extent Master Landlord shall not be liable for any failure is obligated under the Master Lease to make any repairs in or to perform any maintenance that is Landlord’s obligation pursuant to this Lease except to the extent that (a) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance, or (b) such failure arises from Landlord’s gross negligence or willful misconduct. Tenant shall provide written notice to Landlord of any needed maintenance or repairs which Landlord is obligated to perform under this Lease, and Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible after receipt of such notice. 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 obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the Premises.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s businessCommon Areas, if Landlord has not commenced restoring such services within forty-eight (48) hours after Sublandlord, upon written notice from Tenantby Subtenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights enforce such obligation of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section within thirty (30) days of invoiceMaster Landlord.
Appears in 1 contract
Repairs and Maintenance. 18.1 Landlord (a) Except as expressly set forth herein, Owner shall repair not be required to provide Tenant any services hereunder and maintain the structural and exterior portions and Common Area of the Building and the Projectall services, including but not limited without limitation, electricity and other utilities, shall be obtained and maintained at the sole cost, expense and risk of Tenant. Tenant shall be responsible for electricity and other utility costs for the entire Property. Furthermore, in no event shall Owner be liable for any interruption or failure in the supply of any such utility to roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed or furnished by Landlordthe Premises.
18.2 Except for services of Landlord, if any, required by Section 18.1, and subject to Landlord’s obligations under this Lease, (b) Tenant shall be responsible, at Tenant’s its sole cost and expense maintain expense, for all repair and keep maintenance of the interior Premises, provided that Tenant will not be responsible for any repairs or maintenance that are necessitated by the condition of the Premises and every part thereof in good condition and repairas of the date of Tenant’s occupancy, damage thereto from ordinary wear and tear or from casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below), and shallprovided that Tenant provides Landlord, within ten (10) days after receipt of the Commencement Date, a written notice from Landlordproperty inspection report (the “Property Inspection Report”) describing the condition of the Premises as of the Commencement Date, provide to Landlord any maintenance records that Landlord reasonably requestsbe 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, upon throughout the expiration or sooner termination term hereof, take good care of the Term, surrender Premises and the Premises to Landlord in as good a condition as when received, ordinary wear fixtures and tear and damage by casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; and shallappurtenances therein and, at Landlord’s request and Tenant’s sole cost and expense, remove make all telephone non-structural repairs thereto, and, as required, non-structural replacements thereof, as and data systemswhen needed to preserve the same in good working order and condition, wiring reasonable wear and equipment tear, obsolescence and damage from the Premises installed by Tenantelements, fire or other casualty, excepted. Tenant shall be responsible, at its sole cost and repair any expense, for all damage or injury to the Premises (including all improvements or alterations therein), whether or not requiring structural repairs, caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate by or paint resulting from Tenant’s use or occupancy of the Premises or any part thereofTenant’s or its invitees’ acts, omissions, neglect or unsafe conduct. Tenant is also obligated to perform, at Tenant’s own cost and risk, all other than pursuant maintenance and repairs necessary to cause the terms Premises to be suitable for Tenant’s intended commercial purposes.
(c) Excluding Tenant’s maintenance and provisions 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 Work Letter.
18.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease except to the extent that (a) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance, or (b) such failure arises from Landlord’s gross negligence or willful misconduct. Tenant shall provide written notice to Landlord of any needed maintenance or repairs which Landlord is obligated to perform under this Lease, and Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible after receipt of such notice. 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 obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the Premises.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenantbuilding, and the failure to commence such restoration is not due structural components of the building, the cost of supplying HVAC to the unavailability building, the costs of necessary equipmentmaintaining, partsrepairing, materials lining and lighting all appurtenant parking, sidewalk and ingress areas, and the planting, mowing and maintaining of all planted areas within or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project appurtenant to the extent necessary to restore such services to the Premises; Property, provided, however, while the foregoing maintenance and repair obligations shall include replacements as warranted, that (ai) 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 shall give Landlord as much advance written notice as reasonably practicable not be responsible for 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 actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph)Property as provided above. Tenant shall use commercially reasonable efforts to minimize interference with pay the rights of other tenants to use their respective premises amount as specified in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section invoice as Additional Rent within thirty ten (3010) 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 obligations to pay for such maintenance and repairs.
Appears in 1 contract
Repairs and Maintenance. 18.1 19.1 Landlord shall repair and maintain in good condition and repair the structural and exterior portions and Common Area of the Building Buildings and the ProjectCommon Areas, including but not limited to including, without limitation, grounds, roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); foundations, exterior walls; , plumbing; , fire sprinkler systems (if any); HVAC , heating, ventilating, air conditioning, elevators, and electrical systems; elevators. 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 electrical systems installed or furnished by Landlord(ii) not paid out of insurance proceeds. Landlord shall perform all work and have its contractors perform all work in accordance with Applicable Laws.
18.2 19.2 Except for services of Landlord, if any, required by Section 18.1, 19.1 and subject to Landlord’s obligations under elsewhere in this Lease, Tenant shall at Tenant’s sole cost and expense maintain and keep the interior of the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear or from tear, insured casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below), and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requestspermitted alterations excepted. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good of a condition as when received, ordinary wear and tear and damage by insured casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises installed by Tenant, and repair any damage to the Premises caused therebyexcepted. 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 LetterLetter and this Lease.
18.3 19.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s an obligation pursuant to this Lease except to the extent that (a) of Landlord unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance, or (b) such failure arises from Landlord’s gross negligence or willful misconduct. Tenant shall provide written notice Subject to Landlord the terms of any needed maintenance or repairs which Landlord is obligated to perform under this Lease, and Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible after receipt of such notice. 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 Article 4 for Self-Help Work. In the event of an emergency on the Premises, 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 expense 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.
18.4 If any excavation shall be made upon land adjacent 19.4 Repairs under this Article 19 that are obligations of Landlord, including amounts paid by Landlord pursuant to or under the BuildingSection 19.3, or shall be authorized are subject to be made, allocation among Tenant shall afford and other tenants as Operating Expenses to the person causing or authorized to cause such excavationextent they are included in the definition thereof, license to enter the Premises for the purpose of performing such work except as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under provided in this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the PremisesArticle 19.
18.5 19.5 This Article 19 relates to repairs and maintenance arising in the ordinary course of operation of the Building Buildings and the ProjectProject and any related facilities. In the event of a casualty described in Article 24fire, earthquake, flood, vandalism, war, terrorism, natural disaster or similar cause of damage or destruction, Article 24 23 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article19.
18.6 Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section within thirty (30) days of invoice.
Appears in 1 contract
Repairs and Maintenance. 18.1 15.01 Tenant shall take good care of the Demised Premises. Tenant, at its expense, shall promptly make all repairs, ordinary or extraordinary, interior or exterior, structural or otherwise, in and about the Demised Premises and the Building, as shall be required by reason of (i) the performance or existence of Tenant's Work or Tenant's Changes, (ii) the installation, use or operation of Tenant's Property in the Demised Premises, (iii) the moving of Tenant's Property in or out of the Building, or (iv) the negligence or willful act of Tenant or any of its employees, agents or contractors; but Tenant shall not be responsible for any of such repairs as are required by reason of Landlord's negligence or other fault in the manner of performing any of Tenant's Work or Tenant's Changes which may be undertaken by Landlord for Tenant's account or are otherwise required by reason of negligence or other fault of Landlord or its employees, agents or contractors. Except if required by the negligence or other fault of Landlord or its employees, agents or contractors, Tenant, at its expense, shall replace all scratched, damaged or other glass in or about the Demised Premises and shall be responsible for all repairs, maintenance and replacement of interior doors and wall and floor coverings in the Demised Premises and, for the repair and maintenance of all lighting fixtures therein. All repairs, except for emergency repairs, made by Tenant as provided herein shall be performed by contractors or subcontractors reasonably approved in writing by Landlord prior to commencement of such repairs, which approval shall not be unreasonably withheld, conditioned or delayed.
15.02 Landlord, at its expense, shall keep and maintain the Building and its systems and facilities serving the Demised Premises, in good working order, condition and repair and shall make all repairs, structural and exterior portions otherwise, interior and Common Area 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 the Building and the Project, including but not limited to roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed or furnished by Landlordthis lease.
18.2 15.03 Except for services of Landlordas expressly otherwise provided in this lease, if any, required by Section 18.1, and subject to Landlord’s obligations under this Lease, Tenant shall at Tenant’s sole cost and expense maintain and keep the interior of the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear or from casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below), and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear and damage by casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises installed by Tenant, and repair any damage to the Premises caused thereby. Landlord shall have no obligation liability to alterTenant by reason of any inconvenience, remodelannoyance, improveinterruption or injury to business arising from Landlord, repair, decorate Tenant or paint the Premises others making or any part thereof, other than pursuant to the terms and provisions of the Work Letter.
18.3 Landlord shall not be liable for any failure failing to make any repairs or changes which, with respect to perform any maintenance that Landlord, Landlord is Landlord’s obligation pursuant to required or permitted by this Lease except to the extent that (a) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenancelease, or (b) such failure arises from Landlord’s gross negligence or willful misconduct. Tenant shall provide written notice required by law to Landlord of any needed maintenance or repairs which Landlord is obligated to perform under this Lease, and Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible after receipt of such notice. 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 obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the Premises.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.
18.7 Notwithstanding anything to the contrary in this Leasemake, in the event of emergency that results in an interruption in services or to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the ProjectDemised Premises, and (c) or in exercising its rights under this Section 18.7or to the fixtures, Tenant equipment or appurtenances of the Building or the Demised Premises, provided that Landlord shall be solely responsible for, use due diligence in making any repairs and shall reimburseperform such repair work, indemnifyexcept in case of emergency, defend at times reasonably convenient to Tenant and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from otherwise in such manner as will not materially interfere with Xxxxxx's use of the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section within thirty (30) days of invoiceDemised Premises.
Appears in 1 contract
Samples: Lease (Promotions Com Inc)
Repairs and Maintenance. 18.1 Landlord shall 7.1 Except for repair and maintain the structural and exterior portions and Common Area maintenance of the Building and Premises to be performed by Landlord under the Project, including but not limited to roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed or furnished by Landlord.
18.2 Except for services terms of Landlord, if any, required by Section 18.1, and subject to Landlord’s obligations under this Lease, Tenant shall shall, at Tenant’s sole cost and expense maintain and its own expense, keep the interior premises neat and clean, in sanitary condition and in good repair and will at all times preserve them in as good a condition and repair as they are upon occupancy, reasonable use and wear and tear excepted. Tenant shall permit no waste, damage or injury to the Premises, keep all drain pipes free and open, protect water, heating, gas and other pipes to prevent freezing or clogging, replace all glass in windows and doors of the Premises which may become cracked or broken, remove ice and every snow from sidewalks of the Premises, and perform all other interior and exterior maintenance of the Premises not expressly part thereof of Landlord's obligations as provided in subsection. Tenant shall furnish all expendable items used in the Premises, including, but not limited to, light bulbs or tubes and ballasts, soap, paper goods and supplies. Tenant shall also make any repairs necessitated by the negligence or intentional misconduct of Tenant, or the negligence of Tenant's officers, employees, agents, contractors, licensees and invitees. If Tenant fails to keep the Premises in good condition and repair, damage thereto from ordinary wear Landlord may, at its option, cause the Premises to be put in said condition and tear or from casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below), and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon on demand, pay the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear and damage by casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises installed by Tenant, and repair any damage to the Premises caused therebythereof. Landlord In no case 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.
18.3 Landlord shall not Tenant be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease except to the extent that (a) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance, or (b) such failure arises from Landlord’s gross negligence or willful misconduct. Tenant shall provide written notice to Landlord of any needed maintenance or repairs which Landlord is obligated to perform under this Leaseor pay for the repairs that are Landlord's obligations as set forth in subsection 7.2. The Tenant will allow the Landlord to improve the creek buffers as described in the City's critical area ordinance along the area of Dogfish creek that runs adjacent to the property.
7.2 Landlord shall be responsible for performing all necessary repairs, replacements, and Landlord shall use reasonable good faith efforts to undertake such maintenance or of the structural elements and exterior surfaces of the Premises, including, but not limited to, the roof of the Premises, roof covering and membrane (including interior ceiling and coverings if damaged by leakage), exterior paint, the major components of the electrical (including light fixtures repair) plumbing, heating, ventilation and air conditioning systems (the "HVAC") servicing the Premises, and all necessary structural repairs as soon as reasonably possible after receipt of such notice. 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 excavationwalls, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve concrete slab, footings and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use foundations of the Premises.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section within thirty (30) days of invoice.
Appears in 1 contract
Samples: Lease Agreement
Repairs and Maintenance. 18.1 Landlord shall repair 15.01 Subject to the provisions of Sections 15.02 and maintain the structural Articles 22 and exterior portions and Common Area 23 of the Building and the Project, including but not limited to roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed or furnished by Landlord.
18.2 Except for services of Landlord, if any, required by Section 18.1, and subject to Landlord’s obligations under this Leaselease, Tenant shall at Tenant’s sole cost and expense maintain and keep the interior take good care of the Demised Premises. Tenant, at its expense, shall promptly make all repairs, ordinary or extraordinary, interior or exterior, structural or otherwise, in and about the Demised Premises and every part thereof the Building, as shall be required by reason of (i) the performance or existence of Tenant's Work or Tenant's Changes, (ii) the installation, use or operation of Tenant's Property in good condition the Demised Premises, (iii) the moving of Tenant's Property in or out of the Building, or (iv) the misuse or neglect of Tenant or any of its employees, agents or contractors; but Tenant shall not be responsible for any of such repairs as are required by reason of Landlord's neglect or other fault in the manner of performing any of Tenant's Work or Tenant's Changes which may be undertaken by Landlord for Tenant's account or are otherwise required by reason of neglect or other fault of Landlord or its employees, agents or contractors. Except if required by the neglect or other fault of Landlord or its employees, agents or contractors, Tenant, at its expense, shall repair or replace all scratched, damaged or broken doors or other interior glass in or about the Demised Premises and repairshall be responsible for all repairs, damage thereto from ordinary wear maintenance and tear replacement of wall and floor coverings in the Demised Premises and, for the repair and maintenance of all lighting fixtures therein. All repairs, except for emergency repairs, made by Tenant as provided herein shall be performed by contractors or from casualty and eminent domain excepted subcontractors approved in writing by Landlord prior to commencement of such repairs, which approval shall not be unreasonably withheld or delayed. In the event that Landlord fails to respond to Tenant within ten (subject 10) business days with respect to a request for approval of a contractor or subcontractor, Tenant shall send to Landlord a notice (hereinafter referred to as the "Additional Notice") which shall state that unless Landlord responds to the terms request for approval of Sections 24 and 25 below), and shall, such contractor or subcontractor within ten (10) days after receipt of written notice the Additional Notice, Landlord's approval of such contractor or subcontractor shall be deemed granted and, in the event Landlord fails to respond to such Additional Notice within ten (10) days of receipt thereof, Landlord will be deemed to have approved such contractor or subcontractor.
15.02 Landlord, at its expense, shall keep and maintain the Building and its public areas, fixtures, appurtenances, systems and facilities serving, or necessary for the use of, the Demised Premises, in good working order, condition and repair and shall make all repairs, ordinary or extraordinary, 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 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, provide 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 maintenance records 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 requests. convenient to Tenant shall, upon the expiration or sooner termination and otherwise in such manner as will not materially interfere with Tenant's use of the TermDemised Premises or access thereto; provided, surrender the Premises to Landlord in however, that, except as good a condition as when receivedspecified below, ordinary wear and tear and damage by casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises installed by Tenant, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alteremploy contractors or labor at so-called overtime or other premium pay rates or to incur any other overtime costs or expenses whatsoever, remodelexcept that Landlord, improveat its expense (but subject to inclusion as an Operating Expense as defined in Article 5 hereof), repair, decorate shall employ contractors or paint the Premises labor at so-called overtime or any part thereof, other than pursuant to the terms and provisions of the Work Letter.
18.3 Landlord shall not be liable for any failure premium pay rates if necessary to make any repairs or repair required to perform be made by it hereunder to remedy any maintenance condition that is Landlord’s obligation pursuant to this Lease except (i) results in a denial of access to the extent that Demised Premises, (aii) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice threatens the health or safety of any occupant of the need of such repairs or maintenanceDemised Premises, or (biii) such failure arises from Landlord’s gross negligence or willful misconductexcept in the case of casualty, materially interferes with Tenant's ability to conduct its business in the Demised Premises. Tenant shall provide written notice to Landlord of any needed maintenance or repairs which Landlord is obligated to perform under this LeaseIn all other cases, at Tenant's request and expense, Landlord shall use reasonable good faith efforts to undertake employ contractors or labor at so-called overtime or other premium pay rates and incur any other overtime costs or expenses in making any repairs, alterations, additions or improvements, provided that if more than one tenant requests such maintenance or repairs as soon as reasonably possible after receipt of such notice. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense.
18.4 If any excavation overtime work, the overtime costs therefore 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 shared pro-rata among 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 obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the Premisestenants.
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.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section within thirty (30) days of invoice.
Appears in 1 contract
Repairs and Maintenance. 18.1 Landlord shall A. Tenant covenants throughout the term of this Lease, at its expense, to maintain in good order and repair and maintain replace when necessary the structural and exterior portions and Common Area of the Building and the ProjectPremises, including including, but not limited to roofing to, all window and covering materials; foundations (excluding any architectural slabsdoor glass therein, but including any interior and exterior, the floor, all interior structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed or furnished by Landlord.
18.2 Except for services of Landlord, if any, required by Section 18.1elements, and subject to Landlord’s obligations under this Lease, Tenant shall at Tenant’s sole cost and expense maintain and keep the interior of all building service equipment therein or exclusively serving the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear or from casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below), and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear and damage by casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises installed by Tenant, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter.
18.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease except to the extent that (a) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance, or (b) such failure arises from Landlord’s gross negligence or willful misconduct. Tenant shall provide written notice to Landlord of any needed maintenance or repairs which Landlord is obligated to perform under this Lease, and Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible after receipt of such notice. 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 obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the Premises.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the rightincluding, but not the obligation, to take such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access limited to, or to take any action that would reasonably be expected to affectelectrical, any equipment or facilities that serve other tenants’ premises in the Building or the Projectplumbing, heating, air conditioning and (c) in exercising its rights under this Section 18.7sprinkler equipment, Tenant shall be solely responsible forpipes, wires, ducts, fixtures and shall reimburseappliances, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred except where such items are damaged by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, employees or contractors (and in the event such items are damaged by Landlord or employeesits agents, employees or contractors, Tenant shall provide Landlord with all insurance proceeds, if the work performed by any, which are available to Tenant on account of such damage). Tenant further covenants to remedy such interruption of services to keep the Premises is not in a safe, clean and sanitary condition, to provide for the removal of trash and rubbish; and to surrender the Premises at the end of the tern in as good condition as when received except for ordinary wear, tear and use, fire or other unavoidable casualty.
B. Without limiting Tenant’s sole responsibility 's obligations under Paragraph 14.A. above, Tenant shall, at all times during the terms and conditions term of this Lease, then have and keep in force a maintenance contract, in form and with a contractor reasonably satisfactory to Landlord, providing for inspection at least once each calendar quarter of the heating, air conditioning and ventilating equipment (which inspection shall encompass the work described on Exhibit D attached hereto and made a part hereof), and providing for necessary repairs thereto. Said contract shall provide that it will not be cancelable by either party thereto except upon thirty (30) days' prior written notice to Landlord. Tenant shall send to Landlord agrees to reimburse Tenant for the reasonable cost a copy of work performed by Tenant pursuant to this Section contract within thirty (30) days of invoicethe Commencement Date of this Lease, as well as provide Landlord with copies of all service calls and reports within fifteen (15) days after any service call.
C. Landlord agrees to perform at its expense and in a good and workmanlike manner, maintenance to the exterior structure of the Improvements and roof except when such repairs are necessitated by negligence or intentional or other act of the Tenant or Tenant's agents, servants, contractors, invitees or licensees.
D. The Tenant covenants and agrees that the Landlord shall not be held responsible for and the Landlord is hereby released and relieved from, and forever saved harmless from, any liability by reason of or resulting from damage or injury to person or property of the Tenant or of anyone else, directly or indirectly caused by
(1) dampness or water in any part of the Premises or in any part of any other property of the Landlord or of others and/or
(2) any leak or break in any part of the Premises or in any part of any other property of the Landlord or of others or in the pipes of the plumbing or heating works thereof, no matter how caused.
E. Landlord shall have no liability to Tenant by reason of any inconvenience, annoyance, interruption, or injury to business arising from the making of any repairs or changes that Landlord is required or permitted by this Lease to make, or by any other tenant's lease or required by law to make in or to any portion of the Premises, Improvements or common areas, but Landlord agrees to act in a commercially reasonable manner when making such repairs or changes.
Appears in 1 contract
Samples: Lease Agreement (Earthshell Corp)
Repairs and Maintenance. 18.1 Landlord 4.1 Lessee shall repair be responsible for providing general janitorial service. Lessee shall be responsible for all repairs and maintain the structural and exterior portions and Common Area of the Building and the Project, including but not limited to roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed or furnished by Landlord.
18.2 Except for services of Landlord, if any, required by Section 18.1, and subject to Landlord’s obligations under this Lease, Tenant shall at Tenant’s sole cost and expense maintain and keep the interior of the Premises and every part thereof maintenance in good condition and repair, damage thereto from ordinary wear and tear or from casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below), and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear and damage by casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below) and connection with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises installed by Tenant, and repair any damage to the Premises caused therebyby Lessee’s negligent used of Premises, and damage to fixtures and improvements resulting from negligent or willful acts of the Lessee, or the Lessee’s employees, agents, licenses or invitees. Landlord In addition, Lessee shall have no obligation repair all injury caused by the installation or removal of furniture, fixtures or property permitted under this Lease to alterbe removed from the Leased Premises. All such repairs shall be made in a good, remodelworkmanlike manner using high quality materials.
4.2 Lessor shall maintain the foundation, improveroof, repairplumbing, decorate or paint heating, ventilation and air conditioning systems (“HVAC”) and structural integrity of the Leased Premises and shall make all such necessary repairs to the foundation, roof plumbing, HVAC and structural integrity of the Leased Premises, except that Lessee shall make those repairs occasioned by Lessee’s negligent use of the Leased Premises. Lessor’s Duty
4.3 Lessor shall construct, repair and maintain the Leased Premises so that the Premises or any part thereof, other than pursuant to the terms will have:
1) Effective waterproofing and provisions weather protection of the Work Lettercontents of the Leased Premises by watertight roof, exterior walls, windows, and doors.
18.3 Landlord shall not be liable for any failure 2) Plumbing facilities that conform to make any repairs or to perform any maintenance applicable law, maintained in good working order.
3) A water supply approved under applicable law that is Landlordunder the control of Lessee, capable of producing hot and cold running water, or a system that is under the control of Lessor that produces hot and cold running water furnished to Lessee and connected to a sewage disposal system conforming to applicable law.
4) Heating, ventilation and air conditioning facilities conforming to applicable law which are more than adequate to heat, ventilate and air condition the improvements on the Leased Premises, and are maintained in good-working order.
5) Electrical lighting, with wiring and electrical equipment that conform to applicable law, maintained in good working order.
6) Building, grounds, and appurtenances in every part clean, sanitary, and free from all accumulations of debris, and all areas under control of Lessor kept in every part clean, sanitary, and free from all accumulations of debris.
7) Floor, stairways, and railings maintained in good repair.
8) Landscaping (all greenery, watering, and maintenance).
9) Parking Lot (including painting, striping, paving, etc.) Lessee’s obligation pursuant Right to this Lease except to the extent that Repair for Lessor or Vacate
(a) such failure shall persist for an unreasonable time If after Tenant provides Landlord with written Lessee’s notice to Lessor of the need of repairs or maintenance which Lessor has a duty to undertake, Lessor neglects to make such repairs or maintenance, or (b) such failure arises from Landlord’s gross negligence or willful misconduct. Tenant shall provide written notice to Landlord of any needed maintenance or repairs which Landlord is obligated to perform under this Lease, and Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible after receipt of such notice. 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 obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the Premises.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section within thirty (30) days following written notice from Lessee, Lessee may make the repairs itself. In such a case, Lessee may deduct the expenses of invoicethe repairs from further payment of rent, terminate this Lease Agreement as of the date Lessee vacates the Premises and any rental shall be abated for the unexpired term of this Lease.
(b) For purposes of this Section 4.4, if Lessor makes repairs at least fifteen (15) days following the date of Lessee’s notice to Lessor, it will be presumed to have acted in a reasonable time.
Appears in 1 contract
Samples: Lease Agreement
Repairs and Maintenance. 18.1 Landlord 17.01. Tenant shall, throughout the Term, take good care of the Demised Premises, the fixtures and appurtenances therein, and shall repair not do, suffer, or permit any waste with respect thereto. Except as set forth in Article 17.02 below, Tenant shall keep and maintain the structural all interior and exterior portions and Common Area of 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 (“HVAC”) systems, and the Projectroof components (i.e., the roof membrane, leaders, gutters, flashing, etc.) in a clean and orderly condition and in good order and repair. Tenant shall keep and maintain all floors, sidewalks, landscaping (including lawn areas), curbing, paving whether in driveways, parking areas or access easements, including but not limited to roofing the maintenance of the exterior grounds in accordance with the requirements of Exhibit F annexed hereto. The phrase “keep and covering materials; foundations (excluding any architectural slabsmaintain” as used herein includes repairs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed or furnished by Landlord.
18.2 Except for services of Landlord, if any, required by Section 18.1, and subject to Landlord’s obligations under this Lease, replacement and/or restoration as appropriate. Tenant shall at Tenant’s sole cost and expense maintain and keep the interior exterior areas of the Demised Premises free of accumulation of snow, ice, dirt and every part thereof rubbish. Tenant shall not permit or suffer any over-loading of the floors of the Building. Tenant shall be responsible for all repairs, interior and exterior, structural and nonstructural, ordinary and extraordinary, in good condition and repair, damage thereto from ordinary wear and tear or from casualty and eminent domain excepted (subject to the terms of Sections 24 Demised Premises, including the Building and 25 below), Land and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear facilities and tear and damage by casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises installed by Tenant, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part systems thereof, other than pursuant to the terms and provisions need for which arises out of the Work Letter.
18.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease except to the extent that (a) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice the performance or existence of the need of such repairs Tenant’s Work or maintenancealterations, or (b) such failure arises from Landlordthe installation, use or operation of the Tenant’s gross negligence Property in the Demised Premises, (c) the moving of the Tenant’s Property in or willful misconduct. Tenant shall provide written notice to Landlord out of any needed maintenance or repairs which Landlord is obligated to perform under this Lease, and Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible after receipt of such notice. 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(d) the act, omission, misuse or neglect of Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose any of performing such work as such person shall deem necessary its subtenants or desirable to preserve and protect the Building from injury its or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the Premises.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employeesinvitees. Upon request by Landlord, or if the Tenant shall furnish Landlord with true and complete copies of maintenance contracts and with copies of all invoices for work performed by Tenant to remedy such interruption of services to the Premises is not performed, confirming Tenant’s sole responsibility compliance with its obligations under this Article. Tenant shall promptly replace all scratched, damaged or broken doors and glass in and about the terms Demised Premises and conditions shall be responsible for all repairs, maintenance and replacement of this Lease, then Landlord agrees to reimburse Tenant wall and floor coverings in the Demised Premises and for the reasonable cost repair and maintenance of work performed by Tenant pursuant to this Section within thirty (30) days of invoiceall sanitary and electrical fixtures and equipment therein.
Appears in 1 contract
Samples: Lease Agreement (Switch & Data Facilities Company, Inc.)
Repairs and Maintenance. 18.1 7.1. Subject to the provisions hereinafter contained with regard to damage by fire, Tenant accepts the Premises as being in good and sanitary order and agrees to maintain the Premises in good order and will suffer no waste thereto. Tenant shall repair, maintain and preserve the Premises during the term of this Lease at its sole cost and expense, reasonable use and wear excepted.
7.2. Landlord shall repair and maintain the make structural and exterior portions and Common Area of repairs to the Building necessary for safety and tenantability, and shall bear the cost thereof unless required by any act or neglect of Tenant, its agents, employees or invitee. Landlord shall make such other repairs to the Premises and Building as may be necessary or desirable in Landlord's judgment, and the Projectcost of such repairs shall be included in the Operating Expenses. Tenant agrees to report immediately in writing to Landlord any defective condition in or about the Premises known to Tenant which Landlord is required to repair, including but not limited and a failure to roofing and covering materials; foundations (excluding report shall make Tenant liable for any architectural slabsexpense, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed damage or furnished by Landlordliability resulting from such defects.
18.2 Except for services of Landlord7.3. Landlord reserves the right at any time and from time to time, if anyas often as Landlord deems desirable, required by Section 18.1, without the same constituting an actual or constructive eviction and subject without incurring any liability to Landlord’s Tenant or otherwise affecting Tenant's obligations under this Lease, Tenant shall at Tenant’s sole cost 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 expense maintain the fixtures and keep equipment thereof, as well as in or to the interior street entrances, halls, passages, stairways and other common facilities thereof, and to change the name by which the Building is commonly known and/or the Building's address. Landlord reserves the right from time to time to install, use, maintain, repair and replace pipes, ducts, conduits, wires and appurtenant meters and equipment for service to other parts of the Building, above the ceiling surfaces, below the floor surfaces, within the walls and in 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 every part thereof in good condition and to expand the Building. Nothing contained herein shall be deemed to relieve Tenant of any duty, obligation or liability with respect to making any repair, damage thereto from ordinary wear replacement or improvement or complying with any law, order or requirement of any government or other authority and tear or from casualty and eminent domain excepted (subject nothing contained herein shall be deemed not construed to the terms of Sections 24 and 25 below), and shall, within ten (10) days after receipt of written notice from Landlord, provide to impose upon Landlord any maintenance records that Landlord reasonably requests. Tenant shallobligation, upon responsibility or liability whatsoever, for the expiration care, supervision or sooner termination repair of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear and damage by casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises installed by Tenant, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises Building or any part thereof, other than pursuant to the terms and provisions of the Work Letter.
18.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease except to the extent that (a) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance, or (b) such failure arises from Landlord’s gross negligence or willful misconduct. Tenant shall provide written notice to Landlord of any needed maintenance or repairs which Landlord is obligated to perform under this Lease, and Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible after receipt of such notice. 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 obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the Premises.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.
18.7 Notwithstanding anything to the contrary expressly provided in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section within thirty (30) days of invoice.
Appears in 1 contract
Repairs and Maintenance. 18.1 (a) The premises hereby leased, are leased to Tenant "As Is," except as specifically provided herein. Further, except as herein expressly provided, Landlord shall repair and maintain be under no liability, nor have any obligation to do any work or make any repairs in or to the structural and exterior portions and Common Area of the Building and the Project, including but not limited to roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed or furnished by Landlord.
18.2 Except for services of Landlord, if any, required by Section 18.1premises, and subject any work which may be necessary to Landlord’s obligations under this Lease, 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 Tenant’s sole cost and expense maintain and keep the interior of the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear or from casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below), and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear and damage by casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; and shall, at Landlord’s request and Tenant’s sole its own cost and expense, remove all telephone and data systems, wiring and equipment from . Tenant acknowledges that it has fully inspected the Premises installed by Tenant, and repair any damage premises prior to the Premises caused thereby. 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 execution of the Work Letter.
18.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease except to the extent that (a) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance, or (b) such failure arises from Landlord’s gross negligence or willful misconduct. Tenant shall provide written notice to Landlord of any needed maintenance or repairs which Landlord is obligated to perform under this Lease, and Tenant further acknowledges that Landlord shall use reasonable good faith efforts has made no warranties or representations with respect to undertake such maintenance the condition or state of repairs as soon as reasonably possible after receipt of such notice. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expensethe premises.
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 obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the Premises.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access towill, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in during the Building or the Project, and (c) in exercising its rights under this Section 18.7, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions term of this Lease, then 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 and replacements to the exterior masonry walls, structural components, 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, provided Landlord commences such repairs within twenty (20) days (or within the shortest period necessary in order to prevent imminent death, personal injury or damage, or destruction of property) of written notification from Tenant and diligently pursues same to completion. Tenant agrees to reimburse carry a maintenance and/or service agreement or policy on the HVAC system in the premises; provided Tenant for carries such policy and supplies evidence to Landlord of same upon request, Landlord will warrant the reasonable cost repair or replacement of work performed by Tenant pursuant to this Section within thirty any major component (30) days of invoice.e.
Appears in 1 contract
Repairs and Maintenance. 18.1 14.01 Landlord shall repair shall, as a Cost of Operation, keep and maintain the structural Building and exterior portions its fixtures, appurtenances, systems and Common Area related facilities (including the central 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 (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 Landlord shall, as a Cost of Operation make all repairs to preserve the strength of the Building structural components of the Building, interior and exterior, as and when needed in the ProjectBuilding, 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 roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed or furnished by Landlordthe provisions of Article 15.
18.2 Except for services 14.02 Tenant shall take good care of Landlordthe Demised Premises and the fixtures and appurtenances therein and thereto (including, if anywithout limitation, required by Section 18.1windows and doors adjoining, or used exclusively in connection with, the Demised Premises), and subject to Landlord’s obligations under this Lease, Tenant shall at Tenant’s its sole cost and expense maintain shall pay for all repairs thereto, as and keep the interior of the Premises and every part thereof when needed to preserve them in good working order and condition and repairexcept as otherwise provided in Section 14.01 hereof. In addition, damage thereto from ordinary wear and tear or from casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below), and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear and damage by casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; and shallTenant, at Landlord’s request and Tenant’s its sole cost and expense, remove shall pay for all telephone repairs, ordinary or extraordinary, interior or exterior, structural or otherwise, in and data systemsabout 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, wiring and equipment from (b) the Premises installed by installation, use or operation of Tenant's Property in the Demised Premises, and (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 any damage is required, Tenant shall notify Landlord, who shall, in turn, at its option, either make such repair (at the Work Charge), or notify Tenant to the Premises caused thereby. make such repairs.
14.03 Except as expressly otherwise provided in this Lease, Landlord shall have no obligation liability to alterTenant by reason of any inconvenience, remodelannoyance, improve, repair, decorate interruption or paint the Premises injury to business arising from Landlord or any part thereoftenant making repairs or changes or performing maintenance services, other than pursuant to the terms and provisions of the Work Letter.
18.3 whether or not Landlord shall not be liable for any failure is required or permitted by this Lease or by law to make any such repairs or changes or to perform such services in or to any maintenance that is Landlord’s obligation pursuant to this Lease except to the extent that (a) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance, or (b) such failure arises from Landlord’s gross negligence or willful misconduct. Tenant shall provide written notice to Landlord of any needed maintenance or repairs which Landlord is obligated to perform under this Lease, and Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible after receipt of such notice. 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 obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the Premises.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation portion of the Building and the Project. In the event of a casualty described or Demised Premises, or 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.
18.7 Notwithstanding anything or to the contrary in this Leasefixture, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action and perform such work as is reasonably necessary to repair any portion or component appurtenances of the Premises, Building or the Project to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the ProjectDemised Premises, and (c) in exercising its rights under this Section 18.7, Tenant provided that Landlord shall be solely responsible for, reasonably diligent with respect thereto and shall reimburseperform such work, indemnifyexcept in case of emergency, defend at times reasonably convenient to Tenant and hold harmless otherwise in such manner and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under extent practical as will not unreasonably interfere with Tenant's use and occupancy of the Demised Premises.
14.04 When used in this Section is due Lease the term "repair" shall be deemed to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant include restoration and replacement as may be necessary to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms achieve and/or maintain good working order and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section within thirty (30) days of invoicecondition.
Appears in 1 contract
Repairs and Maintenance. 18.1 (a) Except as expressly provided in Exhibit B, Landlord shall repair be under no liability, nor have any obligation to do any work or make any repairs in or to the Premises, and 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 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 with respect to the condition or state of repairs of the Premises.
(b) Tenant, at Tenant's sole expense, shall except for services furnished by Landlord pursuant to Section 3 hereof, maintain the Premises in good order, condition, and repair, including the interior surfaces of the ceilings, 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 be responsible for all repairs and alterations in and to the Premises and Building and the facilities and systems thereof, the need for which arises out of (i) Tenant's use or occupancy of the Premises; (ii) the installation, removal, use or operation of Tenant's property in the Premises; (iii) the moving of Tenant's property into or out of the Building; or (iv) any act, omission, misuse or negligence of Tenants, 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 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 damage, inconvenience, or interference with the use of the Premises by Tenant as a result of performing any such work.
(e) Tenant shall not place a load upon any floor of the Premises which exceeds the load per square foot which such floor was designed to carry, 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 exterior portions and Common Area the cost of any such determination shall be paid for by Tenant upon demand. Tenant shall not install business machines or mechanical equipment which cause noise or vibration to such a degree as to be objectionable to Landlord or other Building tenants.
(f) Except as otherwise expressly provided in this Lease, Landlord shall have no liability to Tenant nor shall Tenant's obligations under this Lease be reduced or abated in any 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 Building and or the ProjectPremises. Landlord shall, including but not limited nevertheless, use reasonable efforts to roofing and covering materials; foundations (excluding minimize any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed or furnished by Landlordinterference with Tenant's business in the Premises.
18.2 Except for services (g) Tenant shall give Landlord prompt notice of Landlordany damage to or defective condition in any part or appurtenance of the Building's mechanical, if anyelectrical, required by Section 18.1plumbing, and subject to Landlord’s obligations under HVAC or other systems serving, located in, or passing through the Premises.
(h) Upon the expiration or earlier termination of this Lease, Tenant shall at Tenant’s sole cost and expense maintain and keep the interior of the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear or from casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below), and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender return the Premises to Landlord clean and in as good a condition as when received, ordinary wear and tear and damage by casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; date Tenant took possession, except for normal wear and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises installed by Tenant, and repair any tear. Any damage to the Premises caused therebyPremises, including any structural damage, resulting from Tenant's use or from the removal of Tenant's fixtures, furnishings and equipment shall be repaired by Tenant at Tenant's expense. Landlord shall have no obligation to alterxxxx Tenant, remodelas promptly as is practicable, improve, repair, decorate or paint for the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter.
18.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease except to the extent that (a) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance, or (b) such failure arises from Landlord’s gross negligence or willful misconduct. Tenant shall provide written notice to Landlord costs of any needed maintenance or cleanup and/or repairs which Landlord is obligated to perform under this Lease, and Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible after receipt of such notice. 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 obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the Premises.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken necessitated by Tenant, including but not limited to 's use and occupancy thereof (normal wear and tear excepted) and such costs shall constitute additional rental due and payable hereunder notwithstanding any damage expiration or injury to persons or property (subject to Landlord’s obligations under the last sentence termination of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with Lease.
(i) Landlord shall,as part of Operating Costs, keep the rights of other tenants to use their respective premises in Property and the Building, and all work done machinery, equipment, fixtures and systems of every kind attached to, or used in accordance herewith must be performed at a reasonable connection with the operation of, the Building, including all electrical, heating, mechanical, sanitary, sprinkler, utility, power, plumbing, cleaning, refrigeration, ventilating, air-conditioning and competitive cost elevator systems and expenseequipment (excluding, however, lines, improvements, systems and machinery for water, 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. If In connection with the emergency situation resulting foregoing, Landlord shall make all repairs and replacements necessary to comply with its obligations set forth in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of immediately preceding sentence unless otherwise expressly set forth in this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section within thirty (30) days of invoice.
Appears in 1 contract
Samples: Lease Agreement (Steelcloud Inc)
Repairs and Maintenance. 18.1 Notwithstanding the provisions of Article 17 of the Existing Lease, Landlord shall repair repair, maintain and maintain replace, or cause to be repaired, maintained and replaced, the structural and exterior portions and Common Area components of the Building and the Projectroof, including but not limited to roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; , slab, foundation and electrical systems installed or furnished by Landlord.
18.2 Except for services of Landlord, if any, required by Section 18.1, and subject to Landlord’s obligations under this Lease, Tenant shall at Tenant’s sole cost and expense maintain and keep the interior other structural portions of the Premises and every part thereof the portion of the subsurface utilities from the exterior of the Building to the boundary of the Property, as necessary, in order to keep the same in good condition and repairworking order (collectively, damage thereto from ordinary wear and tear or from casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below), and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear and damage by casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; and shall, at “Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises installed by Tenant, and repair any damage to the Premises caused therebyMaintenance/Repair Obligations”). 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.
18.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease except to To the extent that (a) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice any of the need of such repairs or maintenance, or (b) such failure arises from Landlord’s gross negligence or willful misconduct. Tenant shall provide written notice to Landlord of any needed maintenance Maintenance/Repair Obligations constitute capital improvements, replacements or repairs which Landlord is obligated to perform under this Lease, and Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible after receipt of such notice. 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 obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the Premises.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has are required under any Applicable Laws first enacted after the reasonable potential to become a material interference to Extension Term Commencement Date (collectively, the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7“Permitted Capital Improvements”), Tenant shall be solely responsible for, obligated to pay or reimburse Landlord for the costs and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered 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, 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 the amortized portion of the applicable Permitted Capital Cost that falls within the Extension Term and any other tenant or holdover period. Except (i) for the Permitted Capital Costs, (ii) for any other person or entity damage caused by Tenant or arising from the actions taken by Tenant’s employees, including but not limited to any damage agents, contractors, subcontractors or injury to persons or property invitees (subject to Section 20.7 of the Lease) and (iii) as otherwise provided in the Lease, Landlord shall be responsible for all costs and expenses incurred by Landlord with respect to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section within thirty (30) days of invoiceMaintenance/Repair Obligations.
Appears in 1 contract
Samples: Lease (Array Biopharma Inc)
Repairs and Maintenance. 18.1 (a) Landlord shall at its expense maintain, repair and maintain replace only the roof, downspouts, gutters, foundation, utility lines located outside the Premises, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures, elevators, and the structural and soundness of the exterior portions and Common Area walls of the Building in good repair, reasonable wear and tear excepted. Tenant shall repair, replace and pay for, any damage to the Projectforegoing caused by the negligence of Tenant or Tenant's employees, including 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 maintain, repair and 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 coverings, normal wear and tear excepted. Tenant shall not be obligated to roofing and covering materials; foundations (excluding repair any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed or furnished casualty covered by Landlordthe insurance to be maintained by Landlord pursuant to subparagraph 10(a) below.
18.2 Except for services of Landlord, if any, required by Section 18.1, and subject (c) If either party hereto shall fail to Landlord’s fulfill its obligations under this Leaseparagraph, 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) Landlord shall conduct periodic maintenance of all hot water, heating and air conditioning systems and units in the Premises, remove and replace filters therein, and provide for janitorial service for the Premises. Temperature levels in the Building shall be maintained at levels customary for Class A office buildings comparable to the Building in the Research Triangle Park, North Carolina area.
(e) Tenant shall at Tenant’s sole cost and expense maintain and keep the interior not damage any demising wall of the Premises Building, or disturb the integrity and every part thereof in good condition and repair, damage thereto from ordinary wear and tear or from casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below), and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord support provided by any maintenance records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear and damage by casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; demising wall and shall, at Landlord’s request and Tenant’s its sole cost and expense, remove all telephone promptly repair any damage or injury to any demising wall caused by Tenant or its employees, agents or invitees.
(f) Tenant and data systemsits employees, wiring customers and equipment 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. Tenant shall not park on streets, rights of ways, driveways, or roadways adjacent to the Premises installed Building or the Land, nor allow its employees, agents, invitees, or licensees to do so. No vehicles other than passenger vehicles shall be 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 repair any damage to Tenant shall indemnify, defend, and hold harmless Landlord of and from all loss, cost and expense incurred by Landlord in the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint enforcement of the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter.
18.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease except to the extent that (a) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance, or (b) such failure arises from Landlord’s gross negligence or willful misconductSection. Tenant shall provide written notice to Landlord be considerate of any needed maintenance or repairs which Landlord is obligated to perform under this Lease, and Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible after receipt the parking needs of such notice. 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 other tenants of the Building, or 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 parking of cars at the Building shall be authorized to be made, 3.44 spaces per 1,000 rentable square feet of the Premises and 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 obligations under not exceed this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the Premises.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premisesratio; provided, however, that (a) in the event any improvements, or equipment located by Tenant shall give Landlord as much advance written notice as reasonably practicable on the Land consume any portion of the actions it is takingparking area located on the Land, (b) the parking spaces affected shall be counted against the parking ratio available for use by Tenant at the Premises. Landlord shall not be responsible for enforcing Tenant's parking rights against any third parties. Landlord may require, at its option, in no event shall Tenant be permitted access toits sole discretion, or to take any action that would reasonably be expected to affectTenant, any equipment or facilities that serve other tenants’ premises in the Building or the Projectits employees, invitees, and (c) in exercising its rights under this Section 18.7, Tenant shall visitors use certain numbered spaces to be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred designated by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section within thirty (30) days of invoice.
Appears in 1 contract
Samples: Lease Agreement (Pharmaceutical Product Development Inc)
Repairs and Maintenance. 18.1 Landlord 15.01 Tenant shall repair and maintain the structural and exterior portions and Common Area of the Building and the Project, Demised Premises (including but not limited to roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed or furnished by Landlord.
18.2 Except for services of Landlord, if any, required by Section 18.1, and subject to Landlord’s obligations under this Lease, Tenant shall at Tenant’s sole cost equipment, personal property and expense maintain and keep trade fixtures located in the interior of Demised Premises) in their condition at the Premises and every part thereof in good condition and repairtime they were delivered to Tenant, damage thereto from ordinary reasonable wear and tear or from casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below), and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requestsexcluded. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear and damage by casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove make all telephone interior repairs to the Demised Premises as and data systemswhen needed to preserve the Demised Premises in good condition and working order, wiring and equipment damage from the Premises installed by casualty excepted. Tenant, at its expense, shall promptly make all repairs, ordinary or extraordinary, interior or exterior, structural or otherwise, in and about the Demised Premises and the Building, as shall be required by reason of (i) the performance or existence of Tenant’s Work or Tenant’s Changes, (ii) the installation, use or operation of Tenant’s Property in the Demised Premises, (iii) the moving of Tenant’s Property in or out of the Building, or (iv) the negligence or willful act of Tenant or any of its employees, agents or contractors; but Tenant shall not be responsible for any of such repairs as are required by reason of Landlord’s negligence or other fault in the manner of performing any of Tenant’s Work or Tenant’s Changes which may be undertaken by Landlord for Tenant’s account or are otherwise required by reason of negligence or other fault of Landlord or its employees, agents or contractors. Except if required by the negligence or other fault of Landlord or its employees, agents or contractors, Tenant, at its expense, shall replace all scratched, damaged or other glass in or about the Demised Premises and shall be responsible for all repairs, maintenance and replacement of interior doors and wall and floor coverings in the Demised Premises and, for the repair and maintenance of all lighting fixtures therein. All repairs, except for emergency repairs, made by Tenant as provided herein shall be performed by contractors or subcontractors approved in writing by Landlord prior to commencement of such repairs, which approval shall not be unreasonably withheld or delayed.
15.02 Landlord, at its expense, shall keep and maintain the Building and its systems and facilities serving the Demised Premises, in good working order, condition and repair and shall make all repairs, structural and 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 damage other provisions of this Lease.
15.03 Except as expressly otherwise provided in this Lease and due to the Premises caused thereby. negligence or willful conduct of Landlord or its agents, Landlord shall have no obligation liability to alterTenant by reason of any inconvenience, remodelannoyance, improveinterruption or injury to business arising from Landlord, repair, decorate Tenant or paint the Premises others making or any part thereof, other than pursuant to the terms and provisions of the Work Letter.
18.3 Landlord shall not be liable for any failure failing to make any repairs or changes which, with respect to perform any maintenance that is Landlord’s obligation pursuant to this Lease except to the extent that (a) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance, or (b) such failure arises from Landlord’s gross negligence or willful misconduct. Tenant shall provide written notice to Landlord of any needed maintenance or repairs which Landlord is obligated to perform under required or permitted by this Lease, and 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 reasonable good faith efforts due diligence in making any repairs and shall perform such repair work, except in case of emergency, at times reasonably convenient to undertake Tenant and otherwise in such maintenance or repairs manner as soon as reasonably possible after receipt of such notice. 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 obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference will not materially interfere with Tenant’s use of the Demised Premises.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section within thirty (30) days of invoice.
Appears in 1 contract
Samples: Lease (Boomerang Systems, Inc.)
Repairs and Maintenance. 18.1 (a) The premises are leased to Tenant "as is," and except as herein expressly provided, Landlord shall repair and maintain be under no liability, nor have any obligation to do any work or make any repairs in or to the structural and exterior portions and Common Area of the Building and the Project, including but not limited to roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed or furnished by Landlord.
18.2 Except for services of Landlord, if any, required by Section 18.1premises, and subject any work which may be necessary to Landlord’s obligations under 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 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 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 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 Tenant’s sole cost 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 maintain 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 and every part thereof in good condition and repair, damage 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 from ordinary wear and tear (such consent not to be unreasonably withheld or from casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 belowdelayed), and shalland, within ten (10) days after receipt of written notice from Landlordif such consent is given, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear and damage by casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially will install the same condition as existed on the Term Commencement Date; and shall, at Landlord’s request and Tenant’s sole its own cost and expense, remove and Tenant shall obtain, at Tenant's expense, all telephone and data systems, wiring and equipment from the Premises installed by Tenant, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letterpermits required for such installation.
18.3 Landlord (c) In the event Tenant shall not be liable for any failure proceed promptly and diligently to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease except to the extent that imposed upon it by subparagraphs (a) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance, or and (b) such failure arises from Landlord’s gross negligence or willful misconduct. Tenant shall provide written notice to Landlord of any needed maintenance or repairs which Landlord is obligated to perform under this Lease, and Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible after receipt of such notice. 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 obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the Premises.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services hereof within forty-eight (48) hours after receiving written notice from Tenant, and the failure Landlord to commence make such restoration is not due to the unavailability of necessary equipment, parts, materials repairs or labor or other Force Majeureperform such obligation, then Tenant shall have and in such event, Landlord may, at its option, enter the rightpremises and do and per- form the things specified in said notice, but not without liability on the obligation, to take part of Landlord for any loss or damage resulting from any such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, and Tenant agrees to pay promptly upon demand any other tenant cost or expense incurred by Landlord in taking such action. \
(d) Landlord shall be responsible for making any other person or entity caused by or arising from capital repairs and replacements (as opposed to ordinary maintenance repairs) to the actions taken by Tenantpremises, including but not limited to any damage or injury to persons or property such as (subject to Landlord’s obligations under if necessary) replacement of the last sentence furnace, re-paving of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Buildingparking lots, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption replacement of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section within thirty (30) days of invoiceplumbing facilities.
Appears in 1 contract
Repairs and Maintenance. 18.1 (a) The Premises hereby leased, are leased to Tenant “As Is,” except as specifically provided in Exhibit B. Further, except as herein expressly provided, Landlord shall repair and maintain be under no liability, nor have any obligation to do any work or make any repairs in or to the structural and exterior portions and Common Area of the Building and the Project, including but not limited to roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed or furnished by Landlord.
18.2 Except for services of Landlord, if any, required by Section 18.1Premises, and subject any work which may be necessary to Landlordoutfit the Premises for Tenant’s obligations under occupancy or for the operation of Tenant’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 shall at Tenant’s sole cost and expense maintain and further 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 interior of the Premises and every part thereof appurtenances (including windows, doors, plumbing, heating and electrical facilities and installations), in good condition order and repairrepair and will make all necessary repairs thereof at its own expense, damage thereto from ordinary wear and tear or from casualty and eminent domain excepted except that Landlord will make all necessary repairs (subject except painting) to the terms exterior walls and roof of Sections 24 and 25 below)the building, after being notified in writing by Tenant of the need for such repairs, and shall, within ten (10) days after receipt shall have a reasonable time in which to complete such repairs. Landlord hereby warrants to Tenant that the HVAC system shall he in good working order for the first year of written notice from Landlord, provide the Lease Term. Landlord agrees to Landlord make any maintenance records major repairs or replacements to the HVAC system necessary during that Landlord reasonably requestsyear which cost in excess of $500.00 so long as such repair or replacement is not necessitated by Tenant’s negligence or intentional misconduct. Tenant shallshall be responsible for all day to day maintenance of the HVAC system. Tenant agrees to carry a maintenance and/or service agreement or policy on the HVAC system in the Premises. Tenant shall provide Landlord with a copy of such policy or 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, upon 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 or sooner termination of the Termterm or at the sooner termination, surrender deliver up the Premises to Landlord in as the same good a order and condition as when receivedthey were at the beginning of the tenancy, ordinary reasonable wear and tear and damage by casualty and eminent domain excepted excepted, (subject where Lease is terminated due to the terms casualty provision of Sections 24 this Lease). In addition, Tenant must remove all of its trade fixtures and 25 below) equipment and must fill any and all holes in the floor after removing said trade fixtures and equipment, topping the filled holes with a six inch concrete cap, reinforced with a reinforced steel rebar. Moreover, the Landlord Improvements Premises must be broom swept and clean and any office area cleaned and straightened out. Tenant further agrees that it will maintain the Premises at its own expense in substantially 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 condition an its own expense and will keep such refuse in proper containers inside the Premises until removed. At any time after the commencement of this Lease, Landlord may designate areas outside the Premises for storage of Tenant refuse/garbage. In the event of any Tenant default pursuant to this obligation, Tenant specifically agrees that Landlord can have Tenant’s garbage, trash, rubbish or other refuse removed and Tenant will be required to pay, as existed on the Term Commencement Date; and shalladditional rental, at any costs which Landlord incurs in said removal plus fifteen percent (15%) Landlord administrative/overhead expenses. Tenant further agrees that it will not install any additional electrical wiring or plumbing unless it has first obtained Landlord’s request and Tenant’s sole written consent thereto, and, if such consent is given, Tenant will install the same at its own cost and expense, remove and Tenant shall obtain, at Tenant’s expense, all telephone and data systems, wiring and equipment from the Premises installed by Tenant, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letterpermits required for such installation.
18.3 Landlord (c) In the event Tenant shall not be liable for any failure proceed promptly and diligently to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease except to the extent that imposed upon it by subparagraphs (a) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance, or and (b) such failure arises from Landlord’s gross negligence or willful misconduct. Tenant shall provide written notice to Landlord of any needed maintenance or repairs which Landlord is obligated to perform under this Lease, and Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible after receipt of such notice. 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 obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the Premises.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services hereof within forty-eight (48) hours hours, after receiving written notice from TenantLandlord to make such repairs or perform such obligation, 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 the failure Tenant agrees to commence pay promptly upon demand any cost or expense incurred Landlord in taking such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then action.
(d) Tenant shall have keep all of its Premises sufficiently heated during freezing weather in order to keep any water pipes in the right, but not Premises or serving the obligation, to take such action and perform such work as is reasonably necessary to repair Premises from freezing.
(e) If governmental regulations require recycling of any portion or component on all of the trash generated in the Premises, Building or Tenant hereby agrees to participate in any recycling program and to assume any obligation for recycling which may be imposed upon Landlord as the Project property owner, with respect to the extent necessary to restore such services to refuse, garbage and trash generated by the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section within thirty (30) days of invoiceoperation.
Appears in 1 contract
Samples: Lease Agreement (Tvi Corp)
Repairs and Maintenance. 18.1 Landlord shall repair and maintain the structural and exterior portions and Common Area of the Building and the Project, including but not limited to roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed or furnished by Landlord.
18.2 Except for services of Landlord, if any, required by Section 18.1, and subject to Landlord’s obligations under this Lease, Tenant shall at Tenant’s sole cost and expense maintain and keep the interior of the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear or from casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below), and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear and damage by casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; and Lessee shall, at Landlord’s request and Tenant’s Lessee's sole cost and expense, remove keep and maintain the Premises and the adjacent areas in good, clean and safe condition and repair to the satisfaction of Lessor including, but not limited to, repairing any damage caused by Lessee or its employees, representatives, agents, invitees, licensees or contractors. Without limiting the generality of the foregoing, Lessee shall be solely responsible for maintaining, repairing and replacing all telephone interior plumbing and data mechanical systems, heating, ventilation and air conditioning systems, interior electrical wiring and equipment from the Premises installed by Tenantequipment, interior lighting, all interior glass, interior window casements, partitions, tenant signage, interior doors and door closers, fixtures, equipment, interior painting, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms interior walls and provisions of the Work Letter.
18.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease except to the extent that (a) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance, or (b) such failure arises from Landlord’s gross negligence or willful misconduct. Tenant shall provide written notice to Landlord of any needed maintenance or repairs which Landlord is obligated to perform under this Lease, and Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible after receipt of such notice. 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 obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use floors of the Premises.
18.5 This Article relates . Lessee's obligation to keep, maintain, preserve and repair the Premises and the adjacent area shall specifically extend to the cleanup and removal of any and all Hazardous Materials (hereafter defined) occurring in, on or about the Premises. Subject to the provisions of Paragraphs 6 and 9 of this Lease and except for repairs rendered necessary by the active or passive negligent acts or emissions of Lessee, its agents, customers, employees and maintenance arising invitees, Lessor agrees, at Lessor's expense, subject to reimbursement pursuant to Paragraph 6 above, to keep in good repair the ordinary course plumbing and mechanical systems exterior to the Premises, roof membranes, signage (exclusive of operation tenant signage), exterior electrical wiring and equipment, exterior lighting, all exterior glass, exterior doors and entrances, exterior window casements, exterior doors and door closers, exterior painting, and underground utility and sewer pipes outside the exterior walls of the Building and the ProjectBuilding. 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.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have Lessor reserves the right, but not without the obligation, to take such action procure and perform such work as is reasonably necessary to repair any portion or component of maintain the Premisesheating, Building or ventilation and air conditioning systems maintenance contract and if Lessor so elects, Lessee will reimburse Lessor for the Project to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) cost thereof in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference accordance with the rights provisions of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section within thirty (30) days of invoiceParagraph 6 above.
Appears in 1 contract
Samples: Lease Agreement (Bikers Dream Inc)
Repairs and Maintenance. 18.1 Landlord shall perform Capital Repairs and shall repair and maintain the structural Project Common Areas, including, without limitation, repair and exterior portions maintenance of landscaping, parking facilities, driveways, walkways, lighting, utilities, snow removal, irrigation and Common Area of the Building storm water management systems (and the Projectfull or amortized cost thereof allocated in accordance with the other terms and conditions of this Lease, including but as applicable, shall be included as a part of Operating Expenses), unless such Capital Repairs or maintenance or repairs are required in whole or in part because of any act, neglect, fault of or omissions of any duty by Tenant, its agents, servants, employees, contractors, guests or invitees, in which case Tenant shall pay to Landlord the cost of such Capital Repairs or maintenance and repairs to the extent such costs are incurred as a result of any act, neglect, fault of or omission of any duty by Tenant, its agents, servants, employees, contractors, guests or invitees and are not limited reimbursed by insurance. For Capital Repairs with an estimated cost of greater than one hundred thousand dollars ($100,000), Landlord shall obtain three bids for the repair and provide copies thereof to roofing and covering materials; foundations (excluding any architectural slabsTenant. Tenant shall have the right to approve or disapprove, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed or furnished by in its reasonable discretion, Landlord's selection of a contractor to perform the Capital Repairs.
18.2 Except for services of Landlord, if any, required by Section 18.1, and subject to Landlord’s obligations under this Lease, Tenant shall at Tenant’s 's sole cost and expense maintain and keep the interior of the Demised Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear and loss due to condemnation or from casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below)not occasioned by Tenant or Tenant's agents, and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requestsrepresentatives or guests excepted. Tenant shall, upon the expiration or sooner earlier termination of the Termthis Lease, surrender the Demised Premises to Landlord in as good a as condition as when received, ordinary wear and tear and damage by casualty and eminent domain excepted (subject to excepted. Other than as specifically set forth in the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; and shallWork Letter, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises installed by Tenant, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter.
18.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that which is Landlord’s an obligation pursuant to this Lease except to the extent that (a) of Landlord unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance, or (b) such failure arises from Landlord’s gross negligence or willful misconduct. Tenant shall provide written notice maintenance is given to Landlord of any needed maintenance or repairs which Landlord is obligated to perform under this Lease, and Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible after receipt of such noticeby Tenant. Tenant waives its the rights under Applicable Laws any applicable law, statute or ordinance now or hereafter in effect to make repairs at Landlord’s 's expense. Notwithstanding anything herein to the contrary, if Landlord fails to timely perform its maintenance and repair obligations hereunder, and as a consequence, Tenant's use of the Demised Premises is substantially impaired, Tenant shall have the right, upon twenty (20) days advance written notice to Landlord, to cause such repair or maintenance to be performed at Tenant'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 obligations Repairs under this Lease; Article 18 which are obligations of Landlord are subject to compliance with Tenant’s reasonable security procedures allocation among Tenant and so long other tenants as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the PremisesOperating Expenses.
18.5 This Article 18 relates to repairs and maintenance arising in the ordinary course of operation of the Building Building, the Project and the Projectany related facilities. In the event of a casualty described in fire, earthquake, flood, vandalism, war, or similar cause of damage or destruction, this Article 24, 18 shall not be applicable and the provisions of Article 24 22 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Articleand control.
18.6 Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section within thirty (30) days of invoice.
Appears in 1 contract
Samples: Lease Agreement (Dendreon Corp)
Repairs and Maintenance. 18.1 18.1. Landlord shall repair and maintain the structural and exterior portions and Common Area of the Building (including the roof and any structural or exterior portions of Common Areas in the Demised Premises) and the Projectstructural and exterior and interior portions of the Common Areas, including but not limited to including, without limitations, roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); foundations, exterior walls; , the plumbing; , fire sprinkler systems system (if any); HVAC systems; elevators; , heating, ventilating, air conditioning, elevator, and electrical systems (excluding any Building Systems exclusively serving the Demised Premise) installed or furnished by LandlordLandlord (and the full cost thereof shall be included as a part of Operating Expenses), unless such maintenance or repairs are required in whole or in part because of any act, neglect, fault of or omissions of any duty by Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the cost of such maintenance and repairs.
18.2 Except 18.2. Subject to Section 22 and except for services of Landlord, if any, required by Section Sections 18.1, and subject to Landlord’s obligations under this Lease, Tenant shall at Tenant’s sole cost and expense maintain and keep the interior of the Demised Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear or from casualty and eminent domain excepted (subject excepted, including, without limitation, all Building Systems exclusively serving the Demised Premises. Subject to the terms of Sections 24 and 25 below)Section 22, and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner earlier termination of the Termthis Lease, surrender the Demised Premises to Landlord in as good a as condition as when received, ordinary wear and tear excepted. Other than as specifically set forth in Section 18.1 and damage by casualty and eminent domain excepted (subject to in the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; and shallWork Letter, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises installed by Tenant, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter.
18.3 18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that which is Landlord’s an obligation pursuant to this Lease except to the extent that (a) of Landlord unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance, or (b) such failure arises from Landlord’s gross negligence or willful misconduct. Tenant shall provide written notice maintenance is given to Landlord of any needed maintenance or repairs which Landlord is obligated to perform under this Lease, and Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible after receipt of such noticeby Tenant. Tenant waives its the rights under Applicable Laws any applicable law, statute or ordinance 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 obligations 18.4. Repairs under this Lease; Article 18 which are obligations of Landlord are subject to compliance with Tenant’s reasonable security procedures allocation among Tenant and so long other tenants as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the PremisesOperating Expenses.
18.5 18.5. This Article 18 relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Projectany related facilities. In the event of a casualty described in fire, earthquake, flood, vandalism, war, or similar cause of damage or destruction, this Article 24, 18 shall not be applicable and the provisions of Article 24 22 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Articleand control.
18.6 Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section within thirty (30) days of invoice.
Appears in 1 contract
Samples: Lease (Emergent BioSolutions Inc.)
Repairs and Maintenance. 18.1 Section 10.1 Landlord shall repair and maintain the structural and exterior portions and Common Area of the Building and the Project, including but not limited to roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed or furnished by Landlord.
18.2 Except for services of Landlord, if any, required by Section 18.1, and subject to Landlord’s obligations under this Lease, Tenant shall at Tenant’s sole cost and expense maintain and keep the interior of the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear or from casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below), and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear and damage by casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; and shall, at Landlord’s request expense, make all structural repairs needed to the exterior walls, structural columns, structural roof, and structural floors that enclose the Premises (excluding all doors, door frames, storefronts, windows and glass); provided that Tenant gives Landlord notice of the necessity for such repairs. Notwithstanding the foregoing, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all such repair costs to structural elements that are necessitated by the negligence or misconduct of Tenant, its employees, contractors, agents, subtenants, employees, customers and invitees.
Section 10.2 If the Premises are sprinklered, Tenant shall be responsible, at Tenant’s sole cost and expense, remove for maintaining, in good order and repair and in compliance with all telephone Laws, those elements of the sprinkler system within the Premises, including the repair and data systems, wiring replacement of the sprinkler heads and equipment from pipes. If the Premises installed by Tenant, are not sprinklered and repair any damage to a sprinkler system in the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate is required under applicable Laws for Tenant’s Permitted Use or paint the Premises or any part thereof, other than pursuant to the terms and provisions manner of use of the Work Letter.
18.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease except to the extent that (a) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenancePremises, or (b) such failure arises from LandlordTenant’s gross negligence or willful misconduct. Work requires the installation of a sprinkler system in the Premises, Tenant shall provide written notice to Landlord install such system as part of any needed maintenance or repairs which Landlord is obligated to perform under this LeaseTenant’s Work, and Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible after receipt of such notice. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at LandlordTenant’s expense.
18.4 If Section 10.3 Subject to Articles 14 and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, all repairs and replacements needed to maintain in good condition and order the Premises and all installations, equipment and facilities therein, and all repairs and replacements needed to any excavation plumbing, water, waste, heating, ventilating and air conditioning units (“HVAC Units”), and electric conduits, lines and equipment located outside the Premises that serve only the Premises. Without limiting the foregoing, but subject to Articles 14 and 15 and Section 10.1, Tenant shall make all repairs and replacements required with respect to the HVAC Units, electrical and plumbing systems within the Premises and any rooftop or exterior air conditioning equipment or HVAC Units serving only the Premises, any plumbing fixtures within the Premises (including sinks and toilets), and the plumbing lines, valves, and pipes connected to or running from such fixtures to the point at which such lines, valves and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premises. Tenant shall also make, at Tenant’s expense, such repairs and replacements as are needed to keep the sidewalks and walkways abutting the Premises in good condition and order, and shall keep such sidewalks and walkways [and areas behind the Building to which Tenant has access] free of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall be made upon land adjacent in compliance with the provisions of this lease (including Article 5).
Section 10.4 Tenant shall enter into and maintain, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to or under the BuildingLandlord, or shall be authorized with a
Section 10.5 Subject to be madeSection 13.4, 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 obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the Premises.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by reimburse Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenantas Additional Rent, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section within thirty (30) days of invoicebeing billed therefor, for all damage to the Building resulting from any act or omission of Tenant, Xxxxxx’s subtenants, or any of Tenant’s or subtenants’ employees, agents, employees, invitees or contractors.
Section 10.6 Landlord shall have no liability to Tenant, the Rent shall not be abated, and Tenant shall not be deemed actually or constructively evicted by reason of Landlord performing any repairs or other work to all or any portion of the Premises and/or the Real Property. Landlord shall endeavor to perform such repairs or other work in a manner that reasonably minimizes interference with the conduct of Xxxxxx’s business in the Premises and damage to the Premises, Tenant’s Work and Tenant’s Property, but Landlord is not required to employ overtime labor or incur additional expenses.
Appears in 1 contract
Samples: Retail Lease
Repairs and Maintenance. 18.1 (a) Except as expressly provided in Exhibit B, Landlord shall repair be under no liability, nor have any obligation to do any work or make any repairs in or to the premises, except for structural, roof, foundation, exterior walls, gutters and downspouts, which shall be repaired or replaced at Landlord’s sole cost, 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 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 with respect to the condition or state of repairs of the premises.
(b) Tenant, at Tenant’s sole expense, shall maintain the structural and exterior portions and Common Area interior of the premises in good order, condition and repair, including the interior surfaces of the ceilings, 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 be responsible for all repairs and alterations in and to the premises and Building and the Projectfacilities and systems thereof, including but the need for which arises out of (i) Tenant’s use or occupancy of the premises other than such resulting from normal wear and tear; (ii) the installation, removal, use or operation of Tenant’s property in the premises; (iii) the moving of Tenant’s property into or out of the Building; or (iv) any act, omission, misuse or negligence of Tenant, its agents, contractors, employees or invitees not limited to roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed or furnished covered by insurance carried by Landlord.
18.2 (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 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 (4) percentage points above the prime commercial rate of interest published by the Wall Street Journal closest to the date such work was commenced. Landlord shall have no liability to Tenant for any damage, inconvenience, or interference with the use of the premises by Tenant as a result of performing any such work.
(e) Tenant shall not place a load upon any floor of the premises which exceeds the load per square foot, which such floor was designed to carry, 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 the cost of any such determination shall be paid for by Tenant upon demand. Tenant shall not install business machines or mechanical equipment, which cause noise or vibration to such a degree as to be reasonably objectionable to Landlord or other Building tenants.
(f) Except for services of Landlordas otherwise expressly provided in this Lease, if any, required by Section 18.1, and subject Landlord shall have no liability to LandlordTenant 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 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, or any condition such as excessive moisture which could create an environment conducive to mold growth.
(h) Upon the expiration or earlier termination of this Lease, Tenant shall at Tenant’s sole cost and expense maintain and keep return the interior of the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear or from casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below), and shall, within ten (10) days after receipt of written notice from Landlord, provide premises to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord clean and in as good a condition as when received, ordinary wear and tear and damage by casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; date Tenant took possession, except for normal wear and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises installed by Tenant, and repair any tear. Any damage to the Premises caused therebypremises, including any structural damage, resulting from Tenant’s use or from the removal of Tenant’s fixtures, furnishings and equipment shall be repaired by Tenant at Tenant’s expense. Landlord shall have no obligation to alterxxxx Tenant, remodelas promptly as is practicable, improve, repair, decorate or paint for the Premises or costs of any part thereof, other than pursuant cleanup and/or repairs to the terms and provisions of the Work Letter.
18.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease except to the extent that (a) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance, or (b) such failure arises from Landlord’s gross negligence or willful misconduct. Tenant shall provide written notice to Landlord of any needed maintenance or repairs which Landlord is obligated to perform under this Lease, and Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible after receipt of such notice. 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 premises necessitated by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the Premises.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building occupancy thereof (normal wear 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 tear excepted) and such costs shall constitute Operating Expenses.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment additional rental due and payable hereunder notwithstanding any expiration or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions termination of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section within thirty (30) days of invoice.
Appears in 1 contract
Samples: Lease (Tessco Technologies Inc)
Repairs and Maintenance. 18.1 Landlord a. Tenant, at its sole cost and expense and throughout the term of this Lease, shall repair keep and maintain the structural Leased Premises in good order and exterior portions condition, free of accumulation of dirt and Common Area of rubbish, and shall promptly make all repairs that are necessary to keep and maintain the Leased Premises in good order and condition. All repairs and replacements made by Tenant shall utilize materials and equipment that are equal in quality and usefulness to those originally used in constructing the Building and the Project, including but not limited to roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed or furnished by LandlordLeased Premises.
18.2 Except for services of Landlordb. Landlord shall have the right to inspect the Leased Premises from time to time as it deems, if anyin its sole opinion, required by Section 18.1necessary, and subject to Landlord’s obligations under this Lease, request that Tenant shall at Tenant’s sole cost and expense maintain and keep the interior of the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear or from casualty and eminent domain excepted (subject to comply with the terms of Sections 24 and 25 below), and shall, within ten this provision. Landlord shall not unreasonably interfere with Tenant's use of the Leased Premises or interrupt Tenant's business operations during inspections. Within thirty (1030) days after receipt of written notice from Landlord, provide Tenant shall make, or diligently pursue to completion, all repairs and replacements that are necessary to keep the Leased Premises in the condition provided in (a) above and that it is instructed to make pursuant to Landlord's notice.
c. In the event Tenant fails to perform its obligations under this Section, Landlord any maintenance records that Landlord reasonably requests. may, after giving the appropriate written notice and cure period, perform on Tenant's behalf and recover the reasonable costs and expenses of said performance from Tenant shall, upon within ten (10) business days of receipt of an invoice for such costs and expenses from Landlord.
d. At the expiration or sooner other termination of this Lease, Tenant shall leave the TermLeased Premises, surrender and during the Premises to Landlord Term shall keep the same in as good a condition as when receivedorder and condition, ordinary wear and tear and damage by casualty and eminent domain excepted (subject excepted, to the terms of Sections 24 end that Landlord may again have and 25 below) and with the Landlord Improvements in substantially repossess the same condition as existed not later than midnight on the Term Commencement Date; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises installed by Tenant, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises date upon which this Lease or any part thereof, other than pursuant to the terms and provisions of the Work Letterrenewal thereof or extension ends.
18.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease except to the extent that (a) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance, or (b) such failure arises from Landlord’s gross negligence or willful misconduct. Tenant shall provide written notice to Landlord of any needed maintenance or repairs which Landlord is obligated to perform under this Lease, and Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible after receipt of such notice. 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 obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the Premises.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section within thirty (30) days of invoice.
Appears in 1 contract
Repairs and Maintenance. 18.1 Landlord (a) Except as specifically otherwise provided in subparagraphs (b) and (c) of this Section, Tenant, at its sole cost and expense and throughout the Term of this Lease, shall repair keep and maintain the Premises in good order and condition, free of accumulation of dirt and rubbish, and shall promptly make all non-structural repairs necessary to keep and exterior portions maintain such good order and Common Area condition. Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise Landlord of Tenant's desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make such repairs to the Premises within a reasonable time of notice to Landlord and shall charge Tenant for such services at Landlord's standard rate (such rate to be competitive with the market rate for such services). When used in this Section, the term "repairs" shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Project, including but not limited to roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed or furnished by LandlordPremises.
18.2 Except for services of (b) Landlord, if any, required by Section 18.1, throughout the Term of this Lease and subject to at Landlord’s obligations under this Lease, Tenant shall at Tenant’s 's sole cost and expense maintain and keep the interior of the Premises and every part thereof in good condition and repairexpenses, damage thereto from ordinary wear and tear or from casualty and eminent domain excepted (subject shall make all necessary repairs to the terms of Sections 24 footings and 25 below), foundations and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good structural steel columns and girders forming a condition as when received, ordinary wear and tear and damage by casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises installed by Tenant, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter.
18.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease except to the extent that (a) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance, or (b) such failure arises from Landlord’s gross negligence or willful misconduct. Tenant shall provide written notice to Landlord of any needed maintenance or repairs which Landlord is obligated to perform under this Lease, and Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible after receipt of such notice. 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 obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the Premises.
18.5 This Article relates to repairs (c) Landlord shall maintain all base Building HVAC systems, plumbing and maintenance arising in the ordinary course of operation of electric systems serving the Building and the ProjectPremises. In Tenant shall be solely responsible for all supplemental HVAC serving the event Premises exclusively. Tenant's Share of Landlord's cost for base Building HVAC, electric and plumbing service, maintenance and repairs, as limited under Section 5 with respect to capital expenditures, shall be included as a casualty described portion of Recognized Expenses as provided 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 ArticleSection 5 hereof.
18.6 Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.
18.7 Notwithstanding anything to (d) Landlord, throughout the contrary in 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 event Building, which serve more than one tenant of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from TenantBuilding, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the PremisesBuilding; provided, however, that (a) Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or Landlord has actual knowledge of the need to make such repair. Tenant shall give Landlord as much advance written notice as reasonably practicable pay its Tenant’s Share of the actions it is takingcost of all repairs, as limited under Section 5 with respect to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Section 5 hereof.
(be) 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 no event a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. Tenant shall pay Tenant’s Share of the cost of all work to be permitted access toperformed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Section 5 hereof. Landlord’s obligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Building.
(f) Notwithstanding anything herein to the contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7, invitee of Tenant shall be solely responsible formade at the sole cost and expense of Tenant, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred except to the extent of insurance proceeds received by Landlord, any other tenant or any other person or entity caused by or arising from .
(g) Landlord shall provide Tenant with janitorial services for the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under Premises Monday through Friday of each week in accordance with the last sentence of this paragraph). guidelines set forth in Exhibit "D" attached hereto and the Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or pay its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under Share of the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this thereof as Additional Rent as provided in Section within thirty 5 hereof (30) days of invoice“Janitorial Expenses”).
Appears in 1 contract
Samples: Lease (Inovio Pharmaceuticals, Inc.)
Repairs and Maintenance. 18.1 Landlord A. Subject to provisions of paragraph 15, Lessor shall repair keep and maintain in good order, condition and repair the structural and exterior portions and Common Area elements of the Building and Premises including the Projectroof, including but not limited to roofing and covering materials; foundations (excluding any architectural slabsroof membrane, but including any structural slabs); paving, floor slab, foundation, exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; , landscaping, irrigation and elevators; . Lessor shall make such repairs, replacements, alterations or improvements as Lessor deems reasonably necessary with respect to such structural elements and electrical systems installed 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 furnished by Landlord.
18.2 Except for services of Landlordimprovements. Notwithstanding the foregoing, if anythe reason for any repair, required replacement, alteration or improvement is caused by Section 18.1, and subject to Landlord’s Lessee or arises because of a breach of Lessee's obligations under this Lease, Tenant then Lessee shall at Tenant’s sole cost and expense maintain and keep the interior pay 100% of the costs or expense to remedy the same.
B. Except as expressly provided in Subparagraph A above, Lessee shall, at its sole cost, keep and maintain the entire Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear or from casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below), and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear and damage by casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises installed by Tenant, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter.
18.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease except to the extent that (a) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance, or (b) such failure arises from Landlord’s gross negligence or willful misconduct. Tenant shall provide written notice to Landlord of any needed maintenance or repairs which Landlord is obligated to perform under this Lease, and Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible after receipt of such notice. 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 foundationsincluding, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use limitation, the windows, window frames, plate glass, glazing, truck doors, doors, all door hardware, interior of the Premises.
18.5 This Article relates to repairs , interior walls and maintenance arising partitions, and electrical, plumbing, lighting, heating, and air conditioning systems in the ordinary course of operation of the Building good and the Projectsanitary order, condition, and repair. 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.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from TenantLessor shall perform and construct, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant Lessee shall have the rightno responsibility to perform, but not the obligationconstruct, to take such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, pay directly or to take reimburse Lessor, for any action that would reasonably be expected to affectrepair, any equipment maintenance or facilities that serve other tenants’ premises in improvement (i) necessitated by the Building acts or the Project, and (c) in exercising its rights under this Section 18.7, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence omissions of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord Lessor or its agents, contractors employees or employeescontractors, (ii) occasioned by fire, acts of God or other casualty (subject to 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 if (iv) which would be treated as a "capital expenditure" under generally accepted accounting principles. Notwithstanding the work performed by Tenant to remedy such interruption of services to foregoing, Lessee shall pay for the Premises is not Tenant’s sole responsibility under the terms costs set forth in (iv) as provided in Sections 11.A, 12 and conditions 18 of this Lease. Should Lessee fail to maintain the Premises or make repairs required of Lessee hereunder forthwith upon notice from Lessor, then Landlord agrees 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 Tenant Lessor as additional rent for the reasonable cost of work performed by Tenant pursuant 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 this make repairs at the expense of Lessor, as provided in Section within thirty (30) days 942 of invoicesaid Civil Code.
Appears in 1 contract
Repairs and Maintenance. 18.1 Landlord 7.1 Tenant shall generally monitor, maintain and repair the Leased Premises, in a good and maintain workmanlike manner, and shall, at the structural and exterior portions and Common Area expiration of the Building term, deliver the Leased Premises in good order and condition, damages by fire or casualty, the Projectelements, including but condemnation, repairs that are not limited to roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed or furnished by Landlord.
18.2 Except for services of Landlord, if any, required by Section 18.1, and subject to Landlord’s obligations under this Lease, Tenant shall at Tenant’s sole cost responsibility hereunder and expense maintain and keep the interior of the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted. Tenant covenants and agrees that it shall not cause or from casualty and eminent domain excepted (subject permit any waste, damage or disfigurement to the terms Leased Premises, or any overloading of Sections 24 the floors. Tenant shall maintain and 25 below)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 shallelectric and plumbing and other Building systems to the point where they enter the Leased Premises, within ten (10) days after receipt and the maintenance of written notice from Landlordthe 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, provide 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 maintenance records that defective condition which Landlord reasonably requestsis 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. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises Landlord’s obligation to Landlord in as good a condition as when received, ordinary wear and tear and damage by casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; and shallrepair is also conditioned, at Landlord’s request option, upon Tenant not then being in default under this Lease after notice and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from expiration of the Premises installed by Tenant, and repair any damage to the Premises caused therebyapplicable cure period. Landlord shall have no obligation other maintenance or repair obligations whatsoever with respect to alter, remodel, improve, the Leased Premises except that Landlord shall perform and construct any repair, decorate maintenance or paint improvements (a) necessitated by the acts or omissions of Landlord or its agents, employees or contractors, (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 or any 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 than pursuant interior non-structural repairs, replacements, renewals and restorations, ordinary and extraordinary, foreseen and unforeseen, required to be made in and to the terms 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 provisions of 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 Work Lettersame is within the temperature range set forth above.
18.3 7.2 The Tenant shall, at its own cost and expense, pay all utility charges, including telephone and cable service, and to the 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 its water/sewer usage. Tenant shall not store any items outside the Leased Premises, and shall deliver its garbage and recyclables to the central receiving area on the lot. Tenant shall dispose of all hazardous/medical waste with an approved hauler at its own cost and in compliance with all applicable laws, ordinances or rules and regulations.
7.3 Landlord does not warrant that any services Landlord or any public utilities supply will not be interrupted. Services may be interrupted because of accidents, repairs, alterations, improvements or any other reason beyond the reasonable control of Landlord and Landlord shall not be liable subject to liability as a result thereof. Notwithstanding the foregoing, if the Leased Premises should become not reasonably suitable for any failure to make any repairs or to perform any maintenance that is LandlordTenant’s obligation pursuant to this Lease except use as a consequence of cessation of utilities, interference with access to the extent that (a) Leased Premises, legal restrictions or the presence of any Hazardous Material which does not result from Tenant’s release or emission of such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice Hazardous Material, and in any of the need of such repairs or maintenance, or (b) such failure arises from Landlord’s gross negligence or willful misconduct. Tenant shall provide written notice to Landlord of any needed maintenance or repairs which Landlord is obligated to perform under this Lease, and Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible after receipt of such notice. 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 foregoing cases 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 obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the Premises.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Leased Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight persists for ten (4810) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeurebusiness days, then Tenant shall have the right, but not the obligation, be entitled to take such action and perform such work as is reasonably necessary to repair any portion or component an equitable abatement of the Premises, Building or the Project rent to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, interference with Tenant’s use of the Leased Premises occasioned thereby. If the interference persists for more than ninety (b90) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7days, 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 solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, adjusted as of the end of each year as follows: the budget will be compared to actual bills with any differential from and against, any Claims suffered that year’s billing being reconciled at that time via either credit to Tenant or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject payment to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section within thirty (30) days of invoice.
Appears in 1 contract
Repairs and Maintenance. 18.1 14.01 Tenant shall take good care of the Demised Premises and the fixtures and appurtenances therein, and at its sole cost and expense shall make all repairs thereto, as and when needed to preserve them in good working order and condition except as otherwise provided in Section 14.02 hereof. In addition, Tenant, at its expense, shall promptly make all repairs, ordinary or extraordinary, interior or exterior, structural or otherwise, in and about the Demised Premises and the Building as shall be required by reason 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 Building, or (iv) the misuse or neglect of Tenant or any of its employees, agents or contractors. Tenant shall not be responsible, and Landlord shall repair be responsible, for any repairs to the Demised Premises as are required by reason of Landlord's neglect or other fault in the manner of performing any Work provided for in Article 3 which Landlord is to perform in Tenant's Changes which may be undertaken by Landlord for Tenant's account or are otherwise required by reason of neglect or other fault of Landlord or its employees, agents or contractors.
14.02 Landlord shall keep and maintain the structural and exterior portions and Common Area of the Building and its fixtures, appurtenances, systems and facilities (including the Projectheating, 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 roofing and covering materials; foundations (excluding any architectural slabs, but the provisions of Article 22. Landlord to maintain building as first class office building - in compliance with laws including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed or furnished by LandlordADA.
18.2 14.03 Except as expressly otherwise provided in this Lease, except for services gross negligence or wilful misconduct of Landlord, if anyits agents, required by Section 18.1employees or contractors, and subject to Landlord’s obligations under this Lease, Tenant shall at Tenant’s sole cost and expense maintain and keep the interior of the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear or from casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below), and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear and damage by casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises installed by Tenant, and repair any damage to the Premises caused thereby. Landlord shall have no obligation liability to alterTenant by reason of any inconvenience, remodelannoyance, improve, repair, decorate interruption or paint the Premises injury to business arising from Landlord or any part thereof, other than pursuant to the terms and provisions of the Work Letter.
18.3 Landlord shall not be liable for any failure to make tenant making any repairs or to perform any changes or performing maintenance that services, whether or not Landlord is Landlord’s obligation pursuant to required or permitted by this Lease except or by law to the extent that (a) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of make such repairs or maintenance, changes or (b) such failure arises from Landlord’s gross negligence or willful misconduct. Tenant shall provide written notice to Landlord of any needed maintenance or repairs which Landlord is obligated to perform under this Lease, and Landlord shall use reasonable good faith efforts such services in or to undertake such maintenance or repairs as soon as reasonably possible after receipt of such notice. 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 obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the Premises.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation portion of the Building and the Project. In the event of a casualty described or Demised Premises, or 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.
18.7 Notwithstanding anything to the contrary in this Leasefixtures, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct appurtenances of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the ProjectDemised Premises, and (c) in exercising its rights under this Section 18.7, Tenant provided that Landlord shall be solely responsible for, reasonably diligent with respect thereto and shall reimburseperform such work, indemnifyexcept in case of emergency, defend at times reasonably convenient to Tenant and hold harmless otherwise in such manner and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under extent practical as will not unreasonably interfere with Tenant's use and occupancy of the Demised Premises.
14.04 When used in this Section is due Lease the term "repair" shall be deemed to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant include restoration and replacements as may be necessary to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms achieve and/or maintain good working order and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section within thirty (30) days of invoicecondition.
Appears in 1 contract
Repairs and Maintenance. 18.1 Landlord shall repair Tenant shall, at its own cost and expense, keep and maintain the structural and exterior portions and Common Area of the Building and the ProjectPremises, including including, but not limited to, the parking areas, the heating, ventilating and air conditioning systems and 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 all repairs and replacements shall be in quality and class at least equal to roofing the original work. Landlord shall assign to Tenant all warranties and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed or furnished by Landlord.
18.2 Except for services of Landlordguaranties, if any, required by Section 18.1, and subject pertaining to Landlord’s obligations under this Lease, Tenant shall at Tenant’s sole cost and expense maintain and keep the interior any component of the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear or from casualty and eminent domain excepted (subject which is Tenant's responsibility to maintain pursuant to the terms of Sections 24 and 25 below), and hereof. Tenant shall, within 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 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 cost actually paid by Tenant in performing the Capital repair within thirty (30) days after receipt of written notice the 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 respect to the Capital Repair has been paid in full;
(c) lien waivers from the general contractor and each subcontractor performing the Capital Repair; and
(d) if there are plans and specifications for such Capital Improvement, a certificate from a licensed architect providing that the Capital Repair has been performed in accordance with the plans and specifications approved by Landlord, provide . 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 any maintenance records that Landlord reasonably requeststhe Reimbursement Documents. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises 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 good provided above or if Landlord performs any Capital Improvement on behalf of Tenant, Tenant shall pay Landlord, as Additional rent on a condition monthly basis together with payments of Basic rent, the following:
(a) for a repair which is not a replacement of any component of the Building, Tenant shall pay the annual amortized cost of the Capital Improvement amortized over the shorter of (i) the remaining useful life of the asset as when receiveddetermined in accordance with generally accepted accounting principles, ordinary wear and tear (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 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 damage by casualty and eminent domain excepted (subject 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 the terms have one renewal option of Sections 24 and 25 below) and with the 10 years).
18.2 Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; and shall, at Landlord’s request and Tenant’s sole its own cost and expense, remove all telephone maintain the structural portions of the Premises, consisting of the roof, foundation and data systemsfootings, wiring exterior and equipment from load bearing walls, load bearing cables and floors, and shall in a reasonable manner repair or replace same as the Premises installed by need shall arise unless due to the intentional acts or negligence of the Tenant, and repair any damage to the Premises caused therebyits agents, servants, employees or invitees, in which case Tenant shall be responsible for such repairs. Landlord shall have no obligation to altermaintain or repair any other aspects of the premises, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than such responsibility being Tenant's pursuant to the terms and provisions of the Work LetterSection 18.1 hereof.
18.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease except to the extent that (a) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance, or (b) such failure arises from Landlord’s gross negligence or willful misconduct. Tenant shall provide written notice to Landlord of any needed maintenance or repairs which Landlord is obligated to perform under this Lease, and Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible after receipt of such notice. 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 obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the Premises.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section within thirty (30) days of invoice.
Appears in 1 contract
Repairs and Maintenance. 18.1 Landlord shall repair and maintain the structural and exterior portions and Common Area of the Building and the Project, including but not limited to roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed or furnished by Landlord.
18.2 i) Except for services of Landlord, if any, required by Section 18.1, and subject to Landlord’s obligations under as otherwise expressly provided in this Lease, Tenant shall at Tenant’s sole cost and expense maintain and keep the interior of the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear or from casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below), and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of during the Term, surrender Tenant at its sole expense shall maintain the Premises in good order and condition, make all repairs necessary to Landlord in as good a condition as when receivedmaintain such condition, ordinary wear and tear and damage by casualty and eminent domain excepted (subject to the terms of Sections 24 and 25 below) and with the Landlord Improvements in substantially the same condition as existed on the Term Commencement Date; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises installed by Tenantwhether such repairs are interior or exterior, and repair any damage to the 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 cost and expense shall maintain and repair following initial installation by Landlord pursuant to Section 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 caused thereby(collectively the “Building Systems”), and the roof (including the roof membrane) pursuant to service contracts acceptable to Landlord (such acceptance not to be unreasonably withheld, conditioned or delayed). Tenant shall also be responsible to maintain and repair the 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 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 review.
(ii) Landlord shall, at its sole cost and expense, 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 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 liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease except to the extent that (a) such failure shall persist for an unreasonable time after Tenant provides repair until Landlord with receives written notice of the need for such repair.
(iii) Notwithstanding anything herein to the contrary, replacements of such the Building Systems and the roof or repairs or maintenance, or (b) such failure arises from Landlord’s gross and replacements of the Structural Components made necessary by the negligence or willful misconduct. misconduct of Tenant shall provide written notice or its Agents or Tenant’s failure to Landlord maintain the Building Systems and/or roof in accordance with the terms of any needed maintenance or repairs which Landlord is obligated to perform under this Leaseapplicable warranty, and Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible after receipt of such notice. 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 at the Building, or shall be authorized to be made, sole expense of 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 obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the Premises.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary not covered by any applicable warranty or insurance proceeds paid to restore such services Landlord.
(iv) Notwithstanding anything herein to the Premises; providedcontrary, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable repairs and replacements of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred Premises made necessary by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional willful misconduct of Landlord or its agents, contractors Agents shall be made at the sole expense of Landlord to the extent not covered by any applicable warranty or employees, insurance required to be or if the work performed actually maintained by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of work performed by Tenant pursuant to this Section within thirty (30) days of invoicehereunder.
Appears in 1 contract
Samples: Lease Agreement (Realogy Corp)
