Common use of Repairs and Maintenance Clause in Contracts

Repairs and Maintenance. 1. The Lessor shall at all times during the term hereof, faithfully maintain and keep in good order and repair the sewer connections, plumbing work, heating and air conditioning apparatus, gas, electric, light and water fixtures and shall pay all costs or expenses necessary for keeping the Leased Premises and the appurtenances thereto in such order and repair. The Lessee shall further be responsible for repairing or replacing the Regional Skill Center Building including the Leased Premises, that are damaged as a result of the Lessee's use or negligence beyond reasonable wear and tear and acts of God. The Lessee shall further be responsible for all extraordinary or routine maintenance of the Leased Premises. The Lessee shall not be responsible for any cost for repairs or maintenance incurred by the Lessor prior to the commencement of the initial term of this Lease. The Lessee shall, at the expiration of the term hereof, surrender the Leased Premises to the Lessor in as good condition and repair as at the commencement of said term, except for reasonable wear and tear and acts of God. 2. The Lessee shall not alter, modify or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration of this Lease, belong to the Lessor without compensation to the Lessee. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor shall not be liable for any damage or injury to the Leased Premises or any property therein contained which may be sustained by the Lessee or any other party, whether by reason of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue of the Lessee's use or occupancy of the Leased Premises; and the Lessee shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by or under the Lessee, its employees, agents, or servants, and from any loss or damage arising from any fault or negligence or action on the part of the Lessee, its employees, agents, or servants. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this Lease. 5. The Lessee shall not be responsible for any act or practice, which occurred prior to commencement of the initial term of this Lease, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this Lease. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastrophe, in default of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) days.

Appears in 3 contracts

Sources: Lease Agreement, Lease Agreement, Lease Agreement

Repairs and Maintenance. 118.1. The Lessor Landlord shall repair and maintain the structural and exterior portions and Common Areas of the Building and the Project, including roofing and covering materials; foundations; exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed or furnished by Landlord. 18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall at all times during the term hereof, faithfully Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in good order and repair the sewer connections, plumbing work, heating and air conditioning apparatus, gas, electric, light and water fixtures and shall pay all costs or expenses necessary for keeping the Leased Premises and the appurtenances thereto in such order condition and repair. The Lessee shall further be responsible for repairing or replacing the Regional Skill Center Building including the Leased Premises, that are damaged as a result of the Lessee's use or negligence beyond reasonable damage thereto from ordinary wear and tear and acts of Godcasualty or condemnation excepted. The Lessee shall further be responsible for all extraordinary Tenant shall, upon the expiration or routine maintenance sooner termination of the Leased Premises. The Lessee shall not be responsible for any cost for repairs or maintenance incurred by the Lessor prior to the commencement of the initial term of this Lease. The Lessee shall, at the expiration of the term hereofTerm, surrender the Leased Premises to the Lessor Landlord in as good a condition and repair as at the commencement of said termwhen received, except for reasonable ordinary wear and tear and acts casualty or condemnation excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of Godthe Work Letter. 218.3. The Lessee shall not alter, modify or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration of this Lease, belong to the Lessor without compensation to the Lessee. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor Landlord shall not be liable for any damage failure to make any repairs or injury to the Leased Premises or perform any property therein contained which may be sustained by the Lessee or any other party, whether by reason of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the Lessee's use need of such repairs or occupancy of the Leased Premises; and the Lessee maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.4. If any excavation shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building be made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by upon land adjacent to or under the Lessee, its employees, agentsBuilding, or servantsshall 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 any loss injury or damage arising from and to support the same by proper foundations, without any fault claim for damages or negligence liability against Landlord and without reducing or action on the part of the Lessee, its employees, agents, or servants. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default otherwise affecting Tenant’s obligations under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this Lease. 518.5. The Lessee shall not be responsible for any act or practice, which occurred prior This Article relates to commencement repairs and maintenance arising in the ordinary course of operation of the initial term Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this LeaseArticle. In the event of eminent domain, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now Article 25 shall apply in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term lieu of this Lease which may adversely affect the environment, whether such clean-up is Article. 18.6. Costs incurred by Landlord pursuant to judicial or administrative order. This covenant this Article shall survive the termination of this Leaseconstitute Operating Expenses, except as otherwise provided in Article 9. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastrophe, in default of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) days.

Appears in 3 contracts

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

Repairs and Maintenance. 1. The Lessor By taking possession of the Premises, Tenant shall at all times during be deemed to have accepted the term hereof, faithfully maintain and keep Premises as being in good order and repair the sewer connectionssanitary order, plumbing work, heating and air conditioning apparatus, gas, electric, light and water fixtures and shall pay all costs or expenses necessary for keeping the Leased Premises and the appurtenances thereto in such order condition and repair. The Lessee Tenant shall further be responsible at Tenant's cost, keep the premises and every part thereof in good condition and repair except for repairing damages from causes beyond the control of Tenant and ordinary wear and tear. Tenant shall upon the expiration or replacing sooner termination of this Lease surrender the Regional Skill Center Building including Premises to the Leased PremisesLandlord in good condition, that are damaged as a result of the Lessee's use or negligence beyond reasonable ordinary wear and tear and acts of God. The Lessee shall further be responsible for all extraordinary or routine maintenance damage from causes beyond the reasonable control of the Leased PremisesTenant excepted. The Lessee shall not be responsible for any cost for repairs or maintenance incurred by the Lessor prior Unless specifically provided in an addendum to the commencement of the initial term of this Lease. The Lessee shall, at the expiration of the term hereof, surrender the Leased Premises to the Lessor in as good condition and repair as at the commencement of said term, except for reasonable wear and tear and acts of God. 2. The Lessee shall not alter, modify or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration of this Lease, belong Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Lessor without compensation Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the Lesseecondition of the premises or the building except as specifically herein set forth. The Lessee will not permit any mechanics Notwithstanding the above provisions, Landlord shall repair and maintain the structural portions of the building, including the standard plumbing, air conditioning, heating and electrical systems furnished by Landlord, unless such maintenance and repairs are caused in part or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made whole by the Lessee. The Lessor will not permit act, neglect, fault or omission of any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made duty by the LesseeTenant, its agents, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. The Lessor will not permit Tenant shall give Landlord written notice of any mechanics required repairs or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3maintenance. The Lessor Landlord shall not be liable for any damage failure to repair or injury to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the Leased Premises or any property therein contained which may responsibility of Tenant. Except as specifically herein set forth, there shall be sustained by the Lessee or any other party, whether no abatement of rent and no liability of Landlord by reason of breakageany injury to or interference with Tenant's business arising from the making of any repairs, leakage, alterations or obstruction improvements to any portion of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, building or the condition of Premises or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any buildings thereonlaw, statute or any part thereof, or from any other cause arising by virtue of the Lessee's use or occupancy of the Leased Premises; and the Lessee shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by or under the Lessee, its employees, agents, or servants, and from any loss or damage arising from any fault or negligence or action on the part of the Lessee, its employees, agents, or servants. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, ordinance now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this Lease. 5. The Lessee shall not be responsible for any act or practice, which occurred prior to commencement of the initial term of this Lease, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this Lease. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastrophe, in default of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) days.

Appears in 3 contracts

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

Repairs and Maintenance. 1. The Lessor shall at all times during the term hereof, faithfully maintain and keep in good order and repair the sewer connections, plumbing work, heating and air conditioning apparatus, gas, electric, light and water fixtures and shall pay all costs or expenses necessary for keeping the Leased Premises and the appurtenances thereto in such order and repair. The Lessee shall further be responsible for repairing or replacing the Regional Skill Center Building including the Leased Premises, that are damaged as a result of the Lessee's use or negligence beyond reasonable wear and tear and acts of God. The Lessee shall further be responsible for all extraordinary or routine maintenance of the Leased Premises. The Lessee shall not be responsible for any cost for repairs or maintenance incurred by the Lessor prior to the commencement of the initial term of this Lease. The Lessee shall, at the expiration of the term hereof, surrender the Leased Premises to the Lessor in as good condition and repair as at the commencement of said term, except for reasonable wear and tear and acts of God. 2. The Lessee shall not alter, modify or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration of this Lease, belong to the Lessor without compensation to the Lessee. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor shall not be liable for any damage or injury to the Leased Premises or any property therein contained which may be sustained by the Lessee or any other party, whether by reason of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue of the Lessee's use or occupancy of the Leased Premises; and the Lessee shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by or under the Lessee, its employees, agents, or servants, and from any loss or damage arising from any fault or negligence or action on the part of the Lessee, its employees, agents, or servants. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇Lessee's occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this Lease. 5. The Lessee shall not be responsible for any act or practice, which occurred prior to commencement of the initial term of this Lease, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this Lease. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastrophe, in default of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) days.

Appears in 3 contracts

Sources: Lease Agreement, Lease Agreement, Lease Agreement

Repairs and Maintenance. 1. The Lessor By taking possession of the Premises, Tenant shall at all times during be deemed to have accepted the term hereof, faithfully maintain and keep Premises as being in good order and repair the sewer connectionssanitary order, plumbing work, heating and air conditioning apparatus, gas, electric, light and water fixtures and shall pay all costs or expenses necessary for keeping the Leased Premises and the appurtenances thereto in such order condition and repair. The Lessee Tenant shall further be responsible at Tenant's cost, keep the premises and every part thereof in good condition and repair except for repairing damages from causes beyond the control of Tenant and ordinary wear and tear. Tenant shall upon the expiration or replacing sooner termination of this Lease surrender the Regional Skill Center Building including Premises to the Leased PremisesLandlord in good condition, that are damaged as a result of the Lessee's use or negligence beyond reasonable ordinary wear and tear and acts of God. The Lessee shall further be responsible for all extraordinary or routine maintenance damage from causes beyond the reasonable control of the Leased PremisesTenant excepted. The Lessee shall not be responsible for any cost for repairs or maintenance incurred by the Lessor prior Unless specifically provided in an addendum to the commencement of the initial term of this Lease. The Lessee shall, at the expiration of the term hereof, surrender the Leased Premises to the Lessor in as good condition and repair as at the commencement of said term, except for reasonable wear and tear and acts of God. 2. The Lessee shall not alter, modify or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration of this Lease, belong Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Lessor without compensation Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the Lesseecondition of the premises or the building except as specifically herein set forth. The Lessee will not permit any mechanics Notwithstanding the above provisions, Landlord shall repair and maintain the structural portions of the building, including the exterior walls and roof of the building, the standard plumbing, air conditioning, heating and electrical systems furnished by Landlord, unless such maintenance and repairs are caused in part or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made whole by the Lessee. The Lessor will not permit act, neglect, fault or mission of any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made duty by the LesseeTenant, its agents, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. The Lessor will not permit Tenant shall give Landlord written notice of any mechanics required repairs or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3maintenance. The Lessor Landlord shall not be liable for any damage failure to repair or injury to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the Leased Premises or any property therein contained which may responsibility of Tenant. Except as specifically herein set forth, there shall be sustained by the Lessee or any other party, whether no abatement of rent and no liability of Landlord by reason of breakageany injury to or interference with Tenant's business arising from the making of any repairs, leakage, alterations or obstruction improvements to any portion of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, building or the condition of Premises or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any buildings thereonlaw, statute or any part thereof, or from any other cause arising by virtue of the Lessee's use or occupancy of the Leased Premises; and the Lessee shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by or under the Lessee, its employees, agents, or servants, and from any loss or damage arising from any fault or negligence or action on the part of the Lessee, its employees, agents, or servants. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, ordinance now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this Lease. 5. The Lessee shall not be responsible for any act or practice, which occurred prior to commencement of the initial term of this Lease, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this Lease. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastrophe, in default of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) days.

Appears in 2 contracts

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

Repairs and Maintenance. 114.01. The Lessor Landlord shall at all times during its expense, maintain the term hereofBuilding in good repair and condition, faithfully maintain including but not limited to the maintenance and repair of the roof, foundation, air conditioning, heating, plumbing and electrical systems and structural components. Tenant will not in any manner deface or injure the Building, and will pay the cost of repairing any damage or injury done to the Building or any part thereof by Tenant or Tenant’s agents, employees or invitees. Tenant shall take good care of the Premises and keep the Premises free from waste and nuisance of any kind. Tenant shall keep the Premises, including all fixtures installed by Tenant and any plate glass and special store fronts, in good order and repair the sewer connectionscondition, plumbing work, heating and air conditioning apparatus, gas, electric, light and water fixtures and shall pay all costs or expenses necessary for keeping the Leased Premises and the appurtenances thereto in such order and repair. The Lessee shall further be responsible for repairing or replacing the Regional Skill Center Building including the Leased Premises, that are damaged as a result of the Lessee's use or negligence beyond reasonable wear and tear and damage caused by casualty excepted, and make all necessary non-structural repairs except those caused by fire, casualty or acts of GodGod covered by Landlord’s fire insurance policy covering the Building. The Lessee performance by Tenant of its obligations to maintain and make repairs shall further be responsible for all extraordinary or routine maintenance of the Leased Premises. The Lessee conducted only by contractors and subcontractors approved in writing by Landlord (which approval shall not be responsible for unreasonably withheld, conditioned, or delayed), it being understood that Tenant shall procure and maintain and shall cause contractors and subcontractors engaged by or on behalf of Tenant to procure and maintain insurance coverage against such risks, and in such amounts as Landlord may reasonable require and with such companies as landlord may reasonably approve, in connection with any cost for such maintenance and repair. If Tenant fails to make such repairs or maintenance incurred by take steps to have such condition corrected after the Lessor prior to the commencement occurrence of the initial term damage or injury, Landlord may at its option make such repair, and Tenant, shall within thirty (30) days of request therefor, pay Landlord for the cost thereof. At the end or other termination of this Lease. The Lessee shall, at Tenant shall deliver up the expiration of the term hereofPremises with all improvements located thereon (except as otherwise herein provided) in good repair and condition, surrender the Leased Premises to the Lessor in as good condition and repair as at the commencement of said term, except for reasonable wear and tear and acts of God. 2. The Lessee damage caused by casualty excepted, and shall not alter, modify or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration of this Lease, belong deliver to Landlord all keys to the Lessor without compensation to the Lessee. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the LessorPremises. 3. The Lessor shall not be liable for any damage or injury to the Leased Premises or any property therein contained which may be sustained by the Lessee or any other party, whether by reason of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue of the Lessee's use or occupancy of the Leased Premises; and the Lessee shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by or under the Lessee, its employees, agents, or servants, and from any loss or damage arising from any fault or negligence or action on the part of the Lessee, its employees, agents, or servants. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this Lease. 5. The Lessee shall not be responsible for any act or practice, which occurred prior to commencement of the initial term of this Lease, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this Lease. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastrophe, in default of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) days.

Appears in 2 contracts

Sources: Lease Agreement, Lease Agreement (Aralez Pharmaceuticals Inc.)

Repairs and Maintenance. 118.1. The Lessor Landlord shall repair and maintain the structural and exterior portions and Common Areas of the Building and the Project, including roofing and covering materials; foundations; exterior walls; and electrical systems installed or furnished by Landlord. Landlord shall also maintain a flood mitigation system to facilitate drainage in the parking facilities located in the Common Area. 18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall at all times during the term hereof, faithfully Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in good order condition and repair the sewer connectionsrepair, plumbing workdamage thereto from ordinary wear and tear excepted. Tenant shall hire, heating at Tenant’s sole cost and expense, (a) a licensed heating, ventilating and air conditioning apparatuscontractor to regularly and periodically (not less frequently than every three (3) months) inspect and perform required maintenance on the heating, gas, electric, light ventilating and water fixtures air conditioning equipment and shall pay all costs or expenses necessary for keeping systems serving the Leased Premises and the appurtenances thereto in such order and repair. The Lessee shall further be responsible for repairing or replacing the Regional Skill Center Building including the Leased Premises, that are damaged and (b) a licensed fire sprinkler contractor to regularly and periodically (not less frequently than every three (3) months) inspect and perform required maintenance on the fire sprinkler equipment and systems serving the Premises. Alternatively, Landlord may, at its election, contract in its own name for such regular and periodic inspections of and maintenance on such heating, ventilating and air conditioning equipment and systems and charge to Tenant, as a result Additional Rent, the cost thereof. Tenant shall, upon the expiration or sooner termination of the Lessee's use or negligence beyond reasonable Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted and acts of God. The Lessee shall further be responsible for all extraordinary or routine maintenance of with the Leased Premises. The Lessee shall not be responsible for any cost for repairs or maintenance incurred by Tenant Improvements in substantially the Lessor prior same condition as existed on the Term Commencement Date (subject to the commencement of the initial term of this Lease. The Lessee ordinary wear and tear); and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the expiration 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 term hereof, surrender the Leased Premises to the Lessor in as good condition and repair as at the commencement of said term, except for reasonable wear and tear and acts of GodWork Letter. 218.3. The Lessee shall not alter, modify or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration of this Lease, belong to the Lessor without compensation to the Lessee. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor Landlord shall not be liable for any damage failure to make any repairs or injury to the Leased Premises or perform any property therein contained which may be sustained by the Lessee or any other party, whether by reason of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the Lessee's need of such repairs or maintenance. In the event that Tenant notifies Landlord that the flood mitigation system at the Project needs improvements or repairs, Landlord shall use commercially reasonable efforts to prevent flooding at the Project within a reasonable period of time after receiving such notification. Tenant waives its rights under Applicable Laws now or occupancy of the Leased Premises; and the Lessee hereafter in effect to make repairs at Landlord’s expense. 18.4. If any excavation shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building be made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by upon land adjacent to or under the Lessee, its employees, agentsBuilding, or servantsshall 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 any loss injury or damage arising from and to support the same by proper foundations, without any fault claim for damages or negligence liability against Landlord and without reducing or action on the part of the Lessee, its employees, agents, or servants. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default otherwise affecting Tenant’s obligations under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this Lease. 518.5. The Lessee shall not be responsible for any act or practice, which occurred prior This Article relates to commencement repairs and maintenance arising in the ordinary course of operation of the initial term Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this LeaseArticle. In the event of eminent domain, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now Article 25 shall apply in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term lieu of this Lease which may adversely affect the environmentArticle. 18.6. Except as otherwise set forth in Section 9.1(c), whether such clean-up is costs incurred by Landlord pursuant to judicial or administrative order. This covenant this Article shall survive the termination of this Leaseconstitute Operating Expenses. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastrophe, in default of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) days.

Appears in 2 contracts

Sources: Lease (Ambit Biosciences Corp), Lease (Ambit Biosciences Corp)

Repairs and Maintenance. 1. The Lessor 13.01 Tenant shall at all times during take good care of the term hereof, faithfully maintain and keep in good order and repair the sewer connections, plumbing work, heating and air conditioning apparatus, gas, electric, light and water fixtures and shall pay all costs or expenses necessary for keeping the Leased Demised Premises and the fixtures, equipment and appurtenances thereto in such order therein, and repair. The Lessee shall further be responsible for repairing or replacing the Regional Skill Center Building including the Leased Premises, that are damaged as a result of the Lessee's use or negligence beyond reasonable wear and tear and acts of God. The Lessee shall further be responsible for all extraordinary or routine maintenance of the Leased Premises. The Lessee shall not be responsible for any cost for repairs or maintenance incurred by the Lessor prior to the commencement of the initial term of this Lease. The Lessee shall, at the expiration its sole cost and expense, promptly make all all nonstructural repairs or replacements thereto as and when needed to preserve them in good working order and condition (unless caused by negligence of the term hereofLandlord, surrender the Leased Premises to the Lessor in as good condition and repair as at the commencement of said termits agents, employees or contractors (collectively, “Landlord Parties”), except for reasonable wear and tear and acts of God. 2. The Lessee tear, including, without limitation, as shall not alter, modify or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration of this Lease, belong to the Lessor without compensation to the Lessee. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor shall not be liable for any damage or injury to the Leased Premises or any property therein contained which may be sustained by the Lessee or any other party, whether required by reason of breakage(i) the performance or existence of Tenant’s Changes (not to include Landlord’s Work and provided that Landlord notifies Tenant upon plan approval that such Tenant’s Changes will trigger this obligation), leakage(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 obstruction (iv) the misuse or neglect of water pipesTenant or any of its employees, gas pipesagents or contractors. Tenant, soil pipes at its sole cost and expense, shall replace all scratched, damaged or broken doors or other leakage glass in or about the Leased 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. If and when reasonably necessary Landlord shall be responsible for and shall make all repairs and replacements to the sidewalks adjacent to the Building, subsurface conditions and structural elements of the Building and Building systems. 13.02 Except as expressly otherwise provided in this Lease, Landlord shall have no liability to Tenant by reason of any inconvenience, annoyance, interruption or injury to business arising from Landlord’s making any repairs or changes which Landlord is required or permitted by this Lease, or required by law, to make in or to any portion of the Building or the Demised Premises, or in or to the condition of any buildings thereonfixtures, equipment or any part thereof, or from any other cause arising by virtue appurtenances of the Lessee's use Building or the Demised Premises, including, without limitation, any repairs and/or changes to the Building and/or the Demised Premises for purposes of obtaining the certificate of occupancy for the Building. 13.03 Subject to the provisions of Articles 20 and 21 herein should any action of Landlord prevent Tenant from utilizing at least seventy-five (75%) percent of the Leased Premises; and the Lessee shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by or under the Lessee, its employees, agents, or servants, and from any loss or damage arising from any fault or negligence or action on the part of the Lessee, its employees, agents, or servants. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect toDemised Premises for more than five (5) consecutive business days, the complete clean-up of any condition on the Leased Premises arising out of Fixed Rent shall ▇▇▇▇▇▇'s occupancy which may adversely affect ▇ until Tenant is able to resume the environment, whether such cleanuse at least twenty-up is pursuant to judicial or administrative order or at the direction five (25%) percent of the Lessor in its sole discretionDemised Premises. This covenant shall survive termination of this Lease. 5. The Lessee shall not Should Tenant be responsible for any act or practice, which occurred prior to commencement prevented from utilizing at least seventy-five (75%) percent of the initial term of this Lease, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Demised Premises prior to the commencement of the initial term of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this Lease. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within more than sixty (60) days from said catastrophe, during which time Tenant shall have the right to terminate this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon giving written notice to Landlord no later than seventieth (70th) consecutive days and vacating no later than what would the other effective ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastrophe, in default of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) daysto both dates.

Appears in 2 contracts

Sources: Lease Agreement (Blue Apron Holdings, Inc.), Lease Agreement (Blue Apron Holdings, Inc.)

Repairs and Maintenance. 1. The Lessor shall at all times a) Lessee covenants and agrees to keep and maintain in good order, condition and repair the interior of the Leased Premises during the term hereofof the Lease, faithfully and further agrees that the Lessor shall be under no obligation to make any repairs or perform any maintenance to the interior of the Leased Premises unless specifically provided for herein or unless such repairs or maintenance are necessitated by the negligent acts of Lessor. The Lessee covenants and agrees that it shall be responsible for janitorial service and window cleaning to the Leased Premises of such frequency as may be required to maintain and keep in good order and repair the sewer connections, plumbing work, heating and air conditioning apparatus, gas, electric, light and water fixtures and shall pay all costs or expenses necessary for keeping interior of the Leased Premises and the appurtenances thereto interior and exterior glass in such order a neat and repairclean condition. The Lessee shall further be responsible for repairing maintenance and repair of non-structural interior walls, plate glass (including display windows), ceiling, and any trade fixtures or replacing the Regional Skill Center Building including the Leased Premisesother personal property, that are damaged Interior Improvements (as a result defined in paragraph (22) below) mechanical equipment which Lessee installs or, has as part of the Lessee's use or negligence beyond reasonable wear and tear and acts of God. The Lessee shall further be responsible for all extraordinary or routine maintenance of final finish, placed in the Leased Premises. The Lessee shall not be responsible for any cost for repairs or maintenance incurred by the Lessor prior to the commencement of the initial term of this Lease. The Lessee shall, at the expiration of the term hereof, surrender the Leased Premises to the Lessor in as good condition and repair as at the commencement of said term, except for reasonable wear and tear and acts of God. 2. The Lessee shall not alter, modify or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration of this Lease, belong to the Lessor without compensation to the Lessee. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor shall not be liable for any damage or injury to the Leased Premises or any property therein contained which may be sustained by the Lessee or any other party, whether by reason of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue of the Lessee's use or occupancy of the Leased Premises; and the Lessee shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by or under the Lessee, its employees, agents, or servants, and from any loss or damage arising from any fault or negligence or action on the part of the Lessee, its employees, agents, or servants. 4. The Lessee will if not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default under this Lease. The Lessee assumes sole responsibility for, may upon termination hereof remove all of Lessee's trade fixtures, personal property and will indemnify the Lessor with respect to, the complete clean-up of any condition on equipment from the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether provided that Lessee repairs any damage caused by such clean-up is pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this Lease. 5. The Lessee shall not be responsible for any act or practice, which occurred prior to commencement of the initial term of this Lease, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, removal and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this Lease. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild restores the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date said items were installed in the Leased Premises. Upon termination of this Lease for any reason, Lessee shall not remove any Interior Improvements, as that term is defined in paragraph (22) below. All such Interior Improvements shall remain to and for the benefit of the catastropheLessor, and Lessor shall be deemed to own said Interior Improvements free and clear of all liens and encumbrances effective on the date this Lease terminates. Failure to remove any property which Lessee is obligated or entitled to remove upon termination hereof on or before thirty (30) days after termination of this Lease shall be conclusive evidence of abandonment of said property by Lessee and title to the same shall immediately vest in Lessor. b) Lessor agrees to be responsible for maintenance and repair of all structural components of the Property and the common areas of the Property. c) If the Lessee refuses or neglects to commence or complete repairs required of Lessee under Paragraph (7)(a) above, promptly and adequately, the Lessor may, but shall not be required to, do so and the Lessee shall pay the cost thereof to Lessor upon demand as additional rent, provided such repairs are consistent with the nature and quality of the damaged item(s). The Lessee further covenants and agrees that Lessee shall not permit material alterations of or upon any part of the Leased Premises except by and with the prior written consent of the Lessor. Any permitted alterations and additions to the Leased Premises shall be made in accordance with all applicable laws, codes and ordinances, and shall remain for the benefit of the Lessor shall make any election except as otherwise provided for in this Lease or in said written consent; and the Lessee further agrees, in the event of making such alterations as herein granted within fifteen (15) days provided, to indemnify and save harmless the Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises arising out of or resulting from the happening of the catastrophe, in default of which election, the Lessee may cancel this Lease effective at the expiration undertaking or making of said fifteen (15) daysalterations or additions, except to the extent they result from the acts or omissions of Lessor, and to allow no liens or other encumbrances to be placed against said Leased Premises as a result thereof.

Appears in 2 contracts

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

Repairs and Maintenance. 1. The Lessor shall at all times during the term hereof, faithfully maintain and keep Except as otherwise set forth in good order and repair the sewer connections, plumbing work, heating and air conditioning apparatus, gas, electric, light and water fixtures and shall pay all costs or expenses necessary for keeping the Leased Premises and the appurtenances thereto in such order and repair. The Lessee shall further be responsible for repairing or replacing the Regional Skill Center Building including the Leased Premises, that are damaged as a result of the Lessee's use or negligence beyond reasonable wear and tear and acts of God. The Lessee shall further be responsible for all extraordinary or routine maintenance of the Leased Premises. The Lessee shall not be responsible for any cost for repairs or maintenance incurred by the Lessor prior to the commencement of the initial term of this Lease. The , ----------------------- Lessee shall, at Lessee's sole cost and expense, maintain the expiration of the term hereofPremises and adjacent areas in good, surrender the Leased Premises to the Lessor in as good clean and safe condition and repair as at to the commencement of said term, except for reasonable wear and tear and acts of God. 2. The Lessee shall not alter, modify or improve the Leased Premises without receiving the prior written consent satisfaction of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration of this Lease, belong to the Lessor without compensation to the Lessee. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor shall not be liable for any damage or injury to the Leased Premises or any property therein contained which may be sustained caused by the Lessee or any other party, whether by reason of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue of the Lessee's use or occupancy of the Leased Premises; and the Lessee shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by or under the Lessee, its employees, agents, invitees, licensees or servantscontractors. Without limiting the generality of the foregoing, and from any loss or damage arising from any fault or negligence or action on except as otherwise set forth in this Lease, Lessee shall be solely responsible for maintaining and repairing all plumbing, electrical wiring and equipment, lighting and interior wall, to the part extent such are within the perimeter walls of the Building. Lessor may repair the heating, ventilation and air conditioning systems servicing the Building as deemed necessary by Lessor and Lessee shall pay the cost of such repairs. Notwithstanding anything to the contrary contained herein, any capital improvements mandated by law shall be prorated over the life of the improvement, as determined by GAAP, and prorated over Lessee's remaining Lease term. Except for repairs rendered necessary by the negligence of Lessee, its employees, agents, or servants. 4. The Lessee will not causecustomers, or permit employees and invitees, Lessor agrees, at Lessor's sole cost and expense, to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to keep in good repair the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order or at the direction structural portions of the Lessor in its sole discretion. This covenant shall survive termination of this Lease. 5. The Lessee shall not be responsible for any act or practiceroof, which occurred prior to commencement foundations and exterior walls of the initial term Premises (exclusive of this Lease, that would violate any federal, state or local laws, regulations or guidelines applicable to glass and exterior doors) and underground utility and sewer pipes outside the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement exterior walls of the initial term of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative orderBuilding. This covenant shall survive the termination of this Lease. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct Lessor agrees that repair costs of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor roof membrane in excess of one thousand five hundred dollars ($1,500) per year shall be at the Lessor's expense cost and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effectexpense. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as Except for normal maintenance and repair of the date items outlined above, Lessee shall have no right of access to or install any device on the roof of the catastrophe. The Lessor shall Building nor make any election herein granted within fifteen (15) days from the happening penetrations of the catastrophe, in default roof of which election, the Lessee may cancel this Lease effective at Building without the expiration express prior written consent of said fifteen (15) daysLessor.

Appears in 2 contracts

Sources: Lease Agreement (Jetfax Inc), Lease Agreement (Jetfax Inc)

Repairs and Maintenance. 1The Lessee shall maintain the leased premises in a good state of repair and be responsible for the costs of maintenance and repairs. He will, among other things, be responsible for the repair and, if necessary, replacement of the locks of the doors, windows, hinges and handles, taps, interior paint work, flooring and the like. All private drainage systems and pipes need to be maintained and cleaned and in such a state that no blockage is possible. He will maintain the water pipes and the central heating (as far as these are private, otherwise through the maintenance contract) and, when necessary, protect them from frost. The Lessor or manager of the building can close maintenance contracts for this purpose on the behalf of the Lessee. All defects, damage, and the like are presumed to have arisen after the effective date of this lease agreement, with the exception of those listed in the delivery report, and are to be borne by the Lessee. Only the hidden defects of the leased premises that impede the use thereof and that are reported within twelve months after the signing of the contract to the Lessor shall at all times during be borne by the term hereof, faithfully maintain Lessor. It is agreed that only major and keep in good order and structural repair the sewer connections, plumbing work, heating and air conditioning apparatusin accordance with Section 606 Civil Code, gaswill be borne by the Lessor, electric, light and water fixtures and shall pay all costs as far as they are not caused by the failure of the repairs or expenses necessary for keeping errors of the Leased Premises and the appurtenances thereto in such order and repairLessee. The Lessee shall further be responsible for repairing or replacing the Regional Skill Center Building including the Leased Premises, that are damaged as a result of the Lessee's use or negligence beyond reasonable wear and tear and acts of God. The Lessee shall further be responsible for all extraordinary or routine maintenance of the Leased Premises. The Lessee shall not be responsible for any cost for repairs or maintenance incurred by the Lessor prior to the commencement of the initial term of this Lease. The Lessee shall, at the expiration of the term hereof, surrender the Leased Premises must immediately report to the Lessor in as good condition and repair as at by registered letter which obligations he believes the commencement of said term, except for reasonable wear and tear and acts of God. 2Lessor should have to fulfil. The Lessee shall not alter, modify damage or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration of inconvenience sustained by failing to recognize this Lease, belong to the Lessor without compensation to notification requirement will be borne by the Lessee. The Lessee will not permit tolerate any mechanics repairs or other liens renovations performed by the Lessor to fulfil his obligations regarding major repairs, as defined, and this without any right to compensation or reduction of the rental price. However, if the works result in a permanent unavailability of more than fourteen days and of at least 20% of the leased premises, then the Lessee and the Lessor will hold consultations regarding a rent reduction. The Lessee will always grant access to the Lessor or his representative to all leased premises, in order to carry out the necessary inspections and/or to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, able to perform repairs, or replacements made by to verify the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against state of the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3leased premises. The Lessor shall not be liable for any damage interruption of services or injury to utilities of the Leased Premises or any property therein contained which may be sustained by the Lessee or any other party, whether by reason of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, building or the condition of any buildings thereon, or any part consequences thereof, unless the interruption is caused by his willful misconduct, fraud or from any other cause arising by virtue of the Lessee's use or occupancy of the Leased Premises; and the Lessee shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by or under the Lessee, its employees, agents, or servants, and from any loss or damage arising from any fault or negligence or action on the part of the Lessee, its employees, agents, or servants. 4. The Lessee will not cause, or permit to be caused, any act or practice, by gross negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this Lease. 5. The Lessee shall not be responsible for any act or practice, which occurred prior to commencement of the initial term of this Lease, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this Lease. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written can give notice to the other effective as of Lessee by registered mail, demanding that he carries out the date of the catastrophenecessary repair work and to end this within thirty days after sending this letter. The Lessor shall make any election herein granted within fifteen (15) days from has no task of supervision or control over the happening of repairs and the catastrophe, in default of which election, like that the Lessee may cancel this Lease effective at the expiration of said fifteen (15) daysmust perform.

Appears in 2 contracts

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

Repairs and Maintenance. 118.1. The Lessor Landlord shall repair and maintain the structural and exterior portions and Common Areas of the Building and the Project, including roofing and covering materials; foundations; exterior walls; Building systems, including plumbing, mechanical, fire sprinkler systems (if any); heating, ventilating, air conditioning systems; elevators; and electrical systems installed or furnished by Landlord in a first class manner and in good condition and repair. 18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall at all times during the term hereofTenant’s sole cost and expense clean, faithfully maintain and keep the Premises in good order condition and repair, ordinary wear and tear, casualty and condemnation excepted. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in good condition and repair the sewer connectionsin accordance with Article 17 and Article 26, plumbing work, heating and air conditioning apparatus, gas, electric, light and water fixtures and shall pay all costs or expenses necessary for keeping the Leased Premises and the appurtenances thereto in such order and repair. The Lessee shall further be responsible for repairing or replacing the Regional Skill Center Building including the Leased Premises, that are damaged as a result of the Lessee's use or negligence beyond reasonable ordinary wear and tear and acts of God. The Lessee shall further be responsible for all extraordinary or routine maintenance of the Leased Premises. The Lessee shall not be responsible for any cost for repairs or maintenance incurred by the Lessor prior to the commencement of the initial term of this Lease. The Lessee damage thereto from casualty and condemnation excepted; and shall, at Landlord’s request, remove all telephone and data systems, wiring and equipment from the expiration 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 term hereof, surrender the Leased Premises to the Lessor in as good condition and repair as at the commencement of said term, except for reasonable wear and tear and acts of GodWork Letter. 218.3. The Lessee shall not alter, modify or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration of this Lease, belong to the Lessor without compensation to the Lessee. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor Landlord shall not be liable for any damage failure to make any repairs or injury to the Leased Premises perform any maintenance that is an obligation of Landlord except as set forth in Section 31.12. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.4. If any property therein contained which may excavation shall be sustained by the Lessee or any other party, whether by reason of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue of the Lessee's use or occupancy of the Leased Premises; and the Lessee shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by upon land adjacent to or under the LesseeBuilding, or shall be authorized to be made, Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as said person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease. During the performance of any excavation, Landlord shall use commercially reasonable efforts to minimize interference with Tenant’s ongoing business 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, unless such costs are incurred due in whole or in part to any act, neglect, fault or omission of Tenant or its employees, agents, contractors or servants, and from any loss or damage arising from any fault or negligence or action on the part of the Lessee, its employees, agents, or servants. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this Lease. 5. The Lessee shall not be responsible for any act or practice, which occurred prior to commencement of the initial term of this Lease, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this Lease. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastropheinvitees, in default which case Tenant shall pay to Landlord the cost of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) dayssuch repairs and maintenance.

Appears in 2 contracts

Sources: Sublease Agreement (Natera, Inc.), Sublease Agreement (Natera, Inc.)

Repairs and Maintenance. 1. The Lessor 13.01 Tenant shall at all times during take good care of the term hereof, faithfully maintain and keep in good order and repair the sewer connections, plumbing work, heating and air conditioning apparatus, gas, electric, light and water fixtures and shall pay all costs or expenses necessary for keeping the Leased Demised Premises and the fixtures, equipment and appurtenances thereto in such order therein, and repair. The Lessee shall further be responsible for repairing or replacing the Regional Skill Center Building including the Leased Premises, that are damaged as a result of the Lessee's use or negligence beyond reasonable wear and tear and acts of God. The Lessee shall further be responsible for all extraordinary or routine maintenance of the Leased Premises. The Lessee shall not be responsible for any cost for repairs or maintenance incurred by the Lessor prior to the commencement of the initial term of this Lease. The Lessee shall, at the expiration its sole cost and expense, promptly make all nonstructural repairs or replacements thereto as and when needed to preserve them in good working order and condition (unless caused by negligence of the term hereofLandlord, surrender the Leased Premises to the Lessor in as good condition and repair as at the commencement of said termits agents, employees or contractors (collectively, “Landlord Parties”), except for reasonable wear and tear and acts of God. 2. The Lessee tear, including, without limitation, as shall not alter, modify or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration of this Lease, belong to the Lessor without compensation to the Lessee. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor shall not be liable for any damage or injury to the Leased Premises or any property therein contained which may be sustained by the Lessee or any other party, whether required by reason of breakage(i) the performance or existence of Tenant’s Changes (not to include Landlord’s Work and provided that Landlord notifies Tenant upon plan approval that such Tenant’s Changes will trigger this obligation), leakage(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 obstruction (iv) the misuse or neglect of water pipesTenant or any of its employees, gas pipesagents or contractors. Tenant, soil pipes at its sole cost and expense, shall replace all scratched, damaged or broken doors or other leakage glass in or about the Leased 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. If and when reasonably necessary Landlord shall be responsible for and shall make all repairs and replacements to the sidewalks adjacent to the Building, subsurface conditions and structural elements of the Building and Building systems. 13.02 Except as expressly otherwise provided in this Lease, Landlord shall have no liability to Tenant by reason of any inconvenience, annoyance, interruption or injury to business arising from Landlord’s making any repairs or changes which Landlord is required or permitted by this Lease, or required by law, to make in or to any portion of the Building or the Demised Premises, or in or to the condition of any buildings thereonfixtures, equipment or any part thereof, or from any other cause arising by virtue appurtenances of the Lessee's use Building or the Demised Premises, including, without limitation, any repairs and/or changes to the Building and/or the Demised Premises for purposes of obtaining the certificate of occupancy for the Building. 13.03 Subject to the provisions of Articles 20 and 21 herein should any action of Landlord prevent Tenant from utilizing at least seventy-five (75%) percent of the Leased Premises; and the Lessee shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by or under the Lessee, its employees, agents, or servants, and from any loss or damage arising from any fault or negligence or action on the part of the Lessee, its employees, agents, or servants. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect toDemised Premises for more than five (5) consecutive business days, the complete clean-up of any condition on the Leased Premises arising out of Fixed Rent shall ▇▇▇▇▇▇'s occupancy which may adversely affect ▇ until Tenant is able to resume the environment, whether such cleanuse at least twenty-up is pursuant to judicial or administrative order or at the direction five (25%) percent of the Lessor in its sole discretionDemised Premises. This covenant shall survive termination of this Lease. 5. The Lessee shall not Should Tenant be responsible for any act or practice, which occurred prior to commencement prevented from utilizing at least seventy-five (75%) percent of the initial term of this Lease, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Demised Premises prior to the commencement of the initial term of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this Lease. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within more than sixty (60) days from said catastrophe, during which time Tenant shall have the right to terminate this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon giving written notice to Landlord no later than seventieth (70th) consecutive days and vacating no later than what would the other effective ninetieth (90th) consecutive day, TIME BEING OF THE ESSENCE for Tenant as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastrophe, in default of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) daysto both dates.

Appears in 2 contracts

Sources: Lease Agreement (Blue Apron Holdings, Inc.), Lease Agreement (Blue Apron Holdings, Inc.)

Repairs and Maintenance. 1. The Lessor A. Landlord shall at all times during maintain the term hereof, faithfully maintain structural portions of the Building and keep the roof and roof membrane in good order and repair the sewer connections, plumbing work, heating and air conditioning apparatus, gas, electric, light and water fixtures and shall pay all costs or expenses necessary for keeping the Leased Premises and the appurtenances thereto in such working order and repair. The Lessee Landlord shall further perform and construct (or shall cause to be responsible for repairing performed or replacing constructed), and Tenant shall have no responsibility to perform or construct, any repair, maintenance or improvements (a) to the Regional Skill Center Building including structural portions of the Leased Premises, (b) which could be treated as a “capital expenditure” under generally accepted accounting principles, and (c) the Building Systems serving the Premises (including components of such systems located in the Premises) and the Building. Notwithstanding the foregoing, Tenant shall pay for its share of the foregoing costs to the extent such costs are properly included in Expenses, provided that the cost of any capital repairs shall be amortized over the useful life of the capital item in question. In performing any maintenance, repairs or improvements, Landlord shall minimize interference with Tenant’s business operations. Landlord shall assign to Tenant any warranties affecting any portion of the Premises for which Tenant has any repair responsibilities, B. If Tenant becomes aware of any conditions that are damaged as a result dangerous or in need of maintenance or repair, Tenant shall promptly provide Landlord with notice of any such conditions. Tenant, at its sole cost and expense, shall perform all maintenance and repairs to the Premises (other than with respect to any elements of the Lessee's use or negligence beyond Building that are Landlord’s responsibility in Section 9.01(A) above), and keep the Premises in good condition and repair, reasonable wear and tear excepted. Tenant’s repair and acts maintenance obligations include, without limitation, repairs to: (a) floor covering; (b) interior partitions; (c) doors; (d) the interior side of God. The Lessee shall further be responsible for all extraordinary or routine maintenance of the Leased Premises. The Lessee shall not be responsible for any cost for repairs or maintenance incurred by the Lessor prior to the commencement of the initial term of this Lease. The Lessee shalldemising walls; (e) Alterations (described in Section 9.03); (f) supplemental air conditioning units, at the expiration of the term hereofkitchens, surrender the Leased Premises to the Lessor in as good condition including hot water heaters, and repair as at the commencement of said term, except for reasonable wear and tear and acts of God. 2. The Lessee shall not alter, modify or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration of this Lease, belong to the Lessor without compensation to the Lessee. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor shall not be liable for any damage or injury to the Leased Premises or any property therein contained which may be sustained by the Lessee or any other partysimilar facilities exclusively serving Tenant, whether such items are installed by reason of breakage, leakage, Tenant or obstruction of water pipes, gas pipes, soil pipes or other leakage are currently existing in or about the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue of the Lessee's use or occupancy of the Leased Premises; and the Lessee shall indemnify (g) electronic, fiber, phone and hold harmless the Lessor from any data cabling and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building made by the Lessee, and from any and everything whatsoever arising from or out of occupancy related equipment that is installed by or under for the Lesseeexclusive benefit of Tenant (collectively, “Cable”). All repairs and other work performed by Tenant or its employees, agents, or servants, and from any loss or damage arising from any fault or negligence or action on the part of the Lessee, its employees, agents, or servants. 4. The Lessee will not cause, or permit to contractors shall be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable subject to the Leased Premises, now in effect or hereafter enacted, relating terms of Section 9.03 and 9.04 below. If Tenant fails to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of make any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this Lease. 5. The Lessee shall not be responsible for any act or practice, which occurred prior to commencement of the initial term of this Lease, that would violate any federal, state or local laws, regulations or guidelines applicable repairs to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this Lease. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within more than fifteen (15) days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the happening repairs, and, within thirty (30) days after demand, Tenant shall pay the reasonable cost of the catastropherepairs, together with an administrative charge in default an amount equal to five percent (5%) of which election, the Lessee may cancel this Lease effective at cost of the expiration of said fifteen (15) daysrepairs.

Appears in 2 contracts

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

Repairs and Maintenance. 118.1. The Lessor Landlord shall repair and maintain the structural and exterior portions and Common Areas of the Building and the Project, including roofing and covering materials; foundations; exterior walls; plumbing; fire sprinkler systems (if any); heating, ventilating, air conditioning systems; elevators; and electrical systems installed or furnished by Landlord. 18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall at all times during the term hereof, faithfully Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in good order and repair the sewer connections, plumbing work, heating and air conditioning apparatus, gas, electric, light and water fixtures and shall pay all costs or expenses necessary for keeping the Leased Premises and the appurtenances thereto in such order condition and repair. The Lessee shall further be responsible for repairing or replacing the Regional Skill Center Building including the Leased Premises, that are damaged as a result of the Lessee's use or negligence beyond reasonable damage thereto from ordinary wear and tear and acts of Godexcepted. The Lessee shall further be responsible for all extraordinary Tenant shall, upon the expiration or routine maintenance sooner termination of the Leased Premises. The Lessee shall not Term, surrender the Premises to Landlord in as good a condition as when received, except for (i) ordinary wear and tear, and (ii) repairs required to be responsible for any cost for repairs or maintenance incurred made by the Lessor prior to the commencement of the initial term of this Lease. The Lessee Landlord; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the expiration of the term hereofPremises, surrender the Leased Premises and repair any damage to the Lessor in as good condition and repair as at the commencement of said term, except for reasonable wear and tear and acts of God. 2Premises caused thereby. The Lessee Landlord shall not have no obligation to alter, modify remodel, improve, repair, decorate or improve paint the Leased Premises without receiving the prior written consent of the Lessor and or any such alterationspart thereof, additions, improvements and fixtures (except trade fixtures) made or placed other than as described in or upon the Leased Premises shall, upon expiration of this Lease, belong to the Lessor without compensation to the LesseeExhibit B. 18.3. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor Landlord shall not be liable for any damage failure to make any repairs or injury to the Leased Premises or perform any property therein contained which may be sustained by the Lessee or any other party, whether by reason of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the Lessee's use need of such repairs or occupancy of the Leased Premises; and the Lessee maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.4. If any excavation shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building be made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by upon land adjacent to or under the Lessee, its employees, agentsBuilding, or servantsshall 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 any loss injury or damage arising from and to support the same by proper foundations, without any fault claim for damages or negligence liability against Landlord and without reducing or action on the part of the Lessee, its employees, agents, or servants. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default otherwise affecting Tenant’s obligations under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this Lease. 18.5. Landlord shall, as an Operating Expense, contract with a third-party service provider for Building standard janitorial services to the Premises, which services shall be provided five (5) nights per week, excluding holidays recognized as such by the federal government and/or the Commonwealth of Massachusetts. The Lessee Building standard janitorial services shall not be responsible for include any act or practiceadditional cleaning services such as refrigerator cleaning, which occurred prior microwave cleaning, dish cleaning and carpet cleaning. 18.6. This Article relates to commencement repairs and maintenance arising in the ordinary course of operation of the initial term Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article. 18.7. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding anything to the contrary in this Lease, in the event that would violate any federal, state Landlord provides a service or local laws, regulations or guidelines applicable services to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection Tenant or the disposition Premises that are exclusive to Tenant or the Premises (excluding janitorial costs pursuant to Section 18.5, which shall be included in Operating Expenses), then Tenant shall pay to Landlord (as Additional Rent outside of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify Operating; Expenses within thirty (30) days of receiving an invoice from Landlord therefor) the Lessee with respect to, the complete clean-up amount of any condition on the Leased Premises prior costs incurred by Landlord in providing such service or services plus an additional administrative charge equal to the commencement five percent (5%) of the initial term cost of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this Leaseservices. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastrophe, in default of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) days.

Appears in 2 contracts

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

Repairs and Maintenance. 1The Lessee shall maintain the leased premises in a good state of repair and be responsible for the costs of maintenance and repairs. He will, among other things, be responsible for the repair and, if necessary, replacement of the locks of the doors, windows, hinges and handles, taps, interior paint work, flooring and the like. All private drainage systems and pipes need to be maintained and cleaned and in such a state that no blockage is possible. He will maintain the water pipes and the central heating (as far as these are private, otherwise through the maintenance contract) and, when necessary, protect them from frost. The Lessor or manager of the building can close maintenance contracts for this purpose on the behalf of the Lessee. All defects, damage, and the like are presumed to have arisen after the effective date of this lease agreement, with the exception of those listed in the delivery report, and are to be borne by the Lessee. Only the hidden defects of the leased premises that impede the use thereof and that are reported within twelve months after the signing of the contract to the Lessor shall at all times during be borne by the term hereof, faithfully maintain Lessor. It is agreed that only major and keep in good order and structural repair the sewer connections, plumbing work, heating and air conditioning apparatusin accordance with Section 606 Civil Code, gaswill be borne by the Lessor, electric, light and water fixtures and shall pay all costs as far as they are not caused by the failure of the repairs or expenses necessary for keeping errors of the Leased Premises and the appurtenances thereto in such order and repairLessee. The Lessee shall further be responsible for repairing or replacing the Regional Skill Center Building including the Leased Premises, that are damaged as a result of the Lessee's use or negligence beyond reasonable wear and tear and acts of God. The Lessee shall further be responsible for all extraordinary or routine maintenance of the Leased Premises. The Lessee shall not be responsible for any cost for repairs or maintenance incurred by the Lessor prior to the commencement of the initial term of this Lease. The Lessee shall, at the expiration of the term hereof, surrender the Leased Premises must immediately report to the Lessor in as good condition and repair as at by registered letter which obligations he believes the commencement of said term, except for reasonable wear and tear and acts of God. 2Lessor should have to fulfill. The Lessee shall not alter, modify damage or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration of inconvenience sustained by failing to recognize this Lease, belong to the Lessor without compensation to notification requirement will be borne by the Lessee. The Lessee will not permit tolerate any mechanics repairs or other liens renovations performed by the Lessor to fulfill his obligations regarding major repairs, as defined, and this without any right to compensation or reduction of the rental price. However, if the works result in a permanent unavailability of more than fourteen days and of at least twenty percent (20%) of the leased premises, then the Lessee and the Lessor will hold consultations regarding a rent reduction. The Lessee will always grant access to the Lessor or his representative to all leased premises, in order to carry out the necessary inspections and/or to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, able to perform repairs, or replacements made by to verify the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against state of the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3leased premises. The Lessor shall not be liable for any damage interruption of services or injury to utilities of the Leased Premises or any property therein contained which may be sustained by the Lessee or any other party, whether by reason of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, building or the condition of any buildings thereon, or any part consequences thereof, unless the interruption is caused by his willful misconduct, fraud or from any other cause arising by virtue of the Lessee's use or occupancy of the Leased Premises; and the Lessee shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by or under the Lessee, its employees, agents, or servants, and from any loss or damage arising from any fault or negligence or action on the part of the Lessee, its employees, agents, or servants. 4. The Lessee will not cause, or permit to be caused, any act or practice, by gross negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this Lease. 5. The Lessee shall not be responsible for any act or practice, which occurred prior to commencement of the initial term of this Lease, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this Lease. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written can give notice to the other effective as of Lessee by registered mail, demanding that he carries out the date of the catastrophenecessary repair work and to end this within thirty days after sending this letter. The Lessor shall make any election herein granted within fifteen (15) days from has no task of supervision or control over the happening of repairs and the catastrophe, in default of which election, like that the Lessee may cancel this Lease effective at the expiration of said fifteen (15) daysmust perform.

Appears in 2 contracts

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

Repairs and Maintenance. 118.1. The Lessor Tenant, at its sole cost and expense, shall at all times during the term hereof, faithfully maintain and keep in good order and repair the sewer connections, plumbing work, heating and air conditioning apparatus, gas, electric, light and water fixtures and shall pay all costs or expenses necessary for keeping the Leased Premises and the appurtenances thereto in such order and repair. The Lessee shall further be responsible for repairing or replacing the Regional Skill Center Building including the Leased Premises, all improvements thereon, and all appurtenances thereto, including sidewalks, parking areas, curbs, roads, driveways, lighting standards, landscaping, sewers, water, gas and electrical distribution systems and facilities, drainage facilities, and all signs, both illuminated and non-illuminated that are damaged as a result of now or hereafter on the Lessee's use or negligence beyond reasonable wear and tear and acts of God. The Lessee shall further be responsible for all extraordinary or routine maintenance of the Leased Premises. The Lessee shall not be responsible for any cost for repairs or maintenance incurred by the Lessor prior to the commencement of the initial term of this Lease. The Lessee shall, at the expiration of the term hereof, surrender the Leased Premises to the Lessor in as good condition and repair as in a manner consistent with the Permitted Use. Tenant shall make all repairs, replacements and improvements, including all structural, roof, HVAC, plumbing and electrical repairs, replacements and improvements required, and shall keep the same free and clear from all rubbish, debris, insects, rodents and other vermin and pests. Tenant, within thirty (30) days after Landlord’s request, shall provide to Landlord a copy of the budget for maintenance, repairs and replacements at the commencement of said termPremises for the current calendar year, except for reasonable wear and tear and acts of God. 2. The Lessee shall not alter, modify or improve the Leased Premises without receiving the prior written consent as well as a detailed summary of the Lessor amounts actually expended by Tenant during the preceding calendar year for maintenance, repairs and any such alterations, additions, improvements and fixtures (except trade fixtures) replacements at the Premises. All repairs made or placed by Tenant shall be at least equal in or upon the Leased Premises shall, upon expiration of this Lease, belong quality to the Lessor without compensation to original work, and shall be made only by a licensed, bonded contractor approved in advance by Landlord; provided, however, that such contractor need not be bonded or approved by Landlord if the Lessee. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvementsnon-structural alterations, repairs, additions or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens improvements to be established or remain against the Leased Premises for labor or materials furnished performed do not exceed Twenty-Five Thousand Dollars ($25,000) in connection value. Landlord may impose reasonable restrictions and requirements with any respect to such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor Tenant shall not be liable for take or omit to take any action, the taking or omission of which shall cause waste, damage or injury to the Leased Premises or any property therein contained which may be sustained by the Lessee or any other partyPremises. Tenant shall indemnify, whether by reason of breakagesave, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue of the Lessee's use or occupancy of the Leased Premises; defend (at Landlord’s option and the Lessee shall indemnify with counsel reasonably acceptable to Landlord) and hold harmless the Lessor Landlord from and against any and all damages, liabilities and expenses Claims (as defined below) arising out of any improvementthe failure of Tenant or Tenant’s Agents to perform the covenants contained in this paragraph. “Tenant’s Agents” shall be defined to include Tenant’s officers, alteration or repair on said building made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by or under the Lessee, its employees, agents, or servantscontractors, invitees, customers and from any loss or damage arising from any fault or negligence or action on the part of the Lessee, its employees, agents, or servantssubcontractors. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this Lease. 5. The Lessee shall not be responsible for any act or practice, which occurred prior to commencement of the initial term of this Lease, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this Lease. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastrophe, in default of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) days.

Appears in 2 contracts

Sources: Lease (Asterias Biotherapeutics, Inc.), Lease (Biotime Inc)

Repairs and Maintenance. 118.1. The Lessor Landlord shall repair and maintain the structural and exterior portions and Common Area of the Building and the Project, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); base Building HVAC systems 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, Tenant shall at all times during the term hereof, faithfully Tenant’s sole cost and expense maintain and keep the Premises (including but not limited to the portion of the HVAC system that includes the first damper or isolation valve and extends into and through the Premises, any supplemental HVAC serving the Premises, and any other systems or equipment exclusively serving the Premises) and every part thereof in good order and repair the sewer connections, plumbing work, heating and air conditioning apparatus, gas, electric, light and water fixtures and shall pay all costs or expenses necessary for keeping the Leased Premises and the appurtenances thereto in such order condition and repair, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. The Lessee shall further be responsible for repairing Tenant shall, upon the expiration or replacing the Regional Skill Center Building including the Leased Premises, that are damaged as a result sooner termination of the Lessee's use or negligence beyond reasonable Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted; and acts of God. The Lessee shall further be responsible for all extraordinary or routine maintenance of the Leased Premises. The Lessee shall not be responsible for any cost for repairs or maintenance incurred by the Lessor prior to the commencement of the initial term of this Lease. The Lessee shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the expiration of the term hereofPremises (with respect to wiring, surrender the Leased Premises only to the Lessor in extent installed by a Tenant Party (as good condition defined below)), and repair as at any damage to the commencement of said termPremises caused thereby. Landlord shall have no obligation to alter, except for reasonable wear and tear and acts of Godremodel, improve, repair, decorate or paint the Premises or any part thereof. 218.3. The Lessee shall not alter, modify or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration of this Lease, belong to the Lessor without compensation to the Lessee. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor Landlord shall not be liable for any damage failure to make any repairs or injury to the Leased Premises or perform any property therein contained which may be sustained by the Lessee or any other party, whether by reason of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the Lessee's use need of such repairs or occupancy of the Leased Premises; and the Lessee maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.4. If any excavation shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building be made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by upon land adjacent to or under the Lessee, its employees, agentsBuilding, or servantsshall 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 any loss injury or damage arising from and to support the same by proper foundations, without any fault claim for damages or negligence liability against Landlord and without reducing or action on the part of the Lessee, its employees, agents, or servants. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default otherwise affecting Tenant’s obligations under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this Lease. 518.5. The Lessee shall not be responsible for any act or practice, which occurred prior This Article relates to commencement repairs and maintenance arising in the ordinary course of operation of the initial term Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this LeaseArticle. In the event of eminent domain, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now Article 25 shall apply in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term lieu of this Lease which may adversely affect the environment, whether such clean-up is Article. 18.6. Costs incurred by Landlord pursuant to judicial or administrative order. This covenant this Article shall survive the termination of this Leaseconstitute Operating Expenses. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastrophe, in default of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) days.

Appears in 2 contracts

Sources: Lease (Pandion Therapeutics Holdco LLC), Lease (Pandion Therapeutics Holdco LLC)

Repairs and Maintenance. 119.1. The Lessor Landlord shall repair and maintain the structural and exterior portions and Common Areas of the Building and the Project, including, without limitation, roofing and covering materials, foundations, exterior walls, plumbing, fire sprinkler systems (if any), heating, ventilating, air conditioning, elevators, the systems described in Subsections 17.7(a)-(c) from outside the Premises to the border of the Premises, and electrical systems installed or furnished by Landlord. Any costs related to the repair or maintenance activities specified in this Section 19.1 shall be included as a part of Operating Expenses (subject to Article 10), except to the extent such repairs or maintenance is required because of any act, neglect, fault or omissions of Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the cost of such repairs and maintenance. 19.2. Except for services of Landlord, if any, required by Section 19.1, Tenant shall at all times during the term hereof, faithfully Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in good order and repair the sewer connections, plumbing work, heating and air conditioning apparatus, gas, electric, light and water fixtures and shall pay all costs or expenses necessary for keeping the Leased Premises and the appurtenances thereto in such order condition and repair. The Lessee shall further be responsible for repairing or replacing the Regional Skill Center Building including the Leased Premises, that are damaged as a result of the Lessee's use or negligence beyond reasonable damage thereto from ordinary wear and tear and acts of Godexcepted. The Lessee shall further be responsible for all extraordinary Tenant shall, upon the expiration or routine maintenance sooner termination of the Leased Term, surrender the Premises to Landlord in as good of a condition as when received, ordinary wear and tear excepted and subject to the provisions of this Lease regarding condemnation; and shall, at Landlord’s request, remove all telephone and data systems, wiring and equipment from the Premises. The Lessee , and repair any damage to the Premises caused thereby; provided, however, Tenant may instead terminate, cut and label both ends of any such wiring, in which case Tenant shall not be responsible for required to remove such wiring. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any cost for repairs or maintenance incurred by the Lessor prior part thereof, other than pursuant to the commencement of the initial term of this Lease. The Lessee shall, at the expiration of the term hereof, surrender the Leased Premises to the Lessor in as good condition terms and repair as at the commencement of said term, except for reasonable wear and tear and acts of God. 2. The Lessee shall not alter, modify or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration provisions of this Lease, belong to including the Lessor without compensation to the Lessee. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the LessorWork Letter. 319.3. The Lessor Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is an obligation of Landlord unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 19.4. Repairs under this Article 19 that are obligations of Landlord are subject to allocation among Tenant and other tenants as Operating Expenses, except as otherwise provided in this Article 19 or Article 10. 19.5. This Article 19 relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project and any related facilities. In the event of fire, earthquake, flood, vandalism, war, terrorism, natural disaster or similar cause of damage or injury to the Leased Premises or any property therein contained which may be sustained by the Lessee or any other partydestruction, whether by reason of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage Article 25 shall apply in or about the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue of the Lessee's use or occupancy of the Leased Premises; and the Lessee shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by or under the Lessee, its employees, agents, or servants, and from any loss or damage arising from any fault or negligence or action on the part of the Lessee, its employees, agents, or servants. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation lieu of this covenant shall be an event of default under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this LeaseArticle 19. 5. The Lessee shall not be responsible for any act or practice, which occurred prior to commencement of the initial term of this Lease, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this Lease. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastrophe, in default of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) days.

Appears in 2 contracts

Sources: Lease (Ardelyx, Inc.), Lease (Ardelyx, Inc.)

Repairs and Maintenance. ▇▇▇▇▇▇ has inspected Premises and acknowledges that it is in good condition, free of defects and fit for residential occupancy. Tenant shall promptly notify Landlord of any dangerous condition or need for maintenance existing in Premises or on the Property. Upon receipt of notice from Tenant, Landlord shall, within a reasonable time period thereafter, repair the following: (1) all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2) to the extent required by state law, such other defects which, if not corrected, will leave Premises or Property in a state of disrepair. The Lessor Except as provided above, ▇▇▇▇▇▇ agrees to maintain Premises in the neat, sanitary and clean condition free of trash and debris. All of Tenant’s trash shall be kept in designated trash containers and removed from the Premises at all times least once each week. Tenant obligation to maintain the Premises includes, but not limited to, replacing any light bulbs which fail during the term hereof, faithfully maintain Lease Term and keep in good order and repair the sewer connections, plumbing work, heating and air conditioning apparatus, gas, electric, light and water fixtures and regularly changing HVAC filters. Tenant shall pay all costs or expenses necessary for keeping the Leased Premises and the appurtenances thereto in such order and repair. The Lessee shall further be responsible for repairing or replacing any clogged plumbing within the Regional Skill Center Building including the Leased Premises, that are damaged as a result of the Lessee's use or negligence beyond reasonable wear and tear and acts of God. The Lessee Landlord shall further be responsible for all extraordinary other plumbing issues between the Premises and the street or routine maintenance the Premises and the septic tank or in any plumbing line outside of the Leased Premises which exclusively serves the Premises. The Lessee Tenant shall not be responsible for any cost for repairs or maintenance incurred by the Lessor prior damages to the commencement of the initial term of this Lease. The Lessee shall, at the expiration of the term hereof, surrender the Leased Premises to the Lessor in as good condition and repair as at the commencement of said term, except for reasonable wear and tear and acts of God. 2. The Lessee shall not alter, modify or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration of this Lease, belong to the Lessor without compensation to the Lessee. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made and/or Property caused by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor shall not be liable for any damage or injury to the Leased Premises or any property therein contained which may be sustained by the Lessee or any other party, whether by reason of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue of the Lessee's use or occupancy of the Leased Premises; and the Lessee shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by or under the Lessee, its employees, agents, or servants, and from any loss or damage arising from any fault or negligence or action on the part of the Lessee, its employees, agents, or servants. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial ’s abuse or administrative order or at the direction neglect of the Lessor in its sole discretionPremises/Property. This covenant shall survive termination Any expenses incurred by Landlord to remedy any violations of this Lease. 5. The Lessee shall not be responsible for any act or practice, which occurred prior to commencement of the initial term of this Lease, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this Lease. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor provision shall be at the Lessor's expense and shall be completed paid by Tenant to Landlord as additional rent within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastrophe, in default of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) days.fourteen

Appears in 2 contracts

Sources: Lease Agreement, Lease Agreement

Repairs and Maintenance. 118.1. The Lessor Landlord shall repair and maintain the structural and exterior portions and Common Areas of the Building and the Project, including roofing and covering materials; foundations; exterior walls; plumbing; fire sprinkler systems (if any); heating, ventilating, air conditioning systems; elevators; and electrical systems installed or furnished by Landlord in good condition and repair. 18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall at all times during the term hereof, faithfully Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in good order and repair the sewer connections, plumbing work, heating and air conditioning apparatus, gas, electric, light and water fixtures and shall pay all costs or expenses necessary for keeping the Leased Premises and the appurtenances thereto in such order condition and repair. The Lessee shall further be responsible for repairing or replacing the Regional Skill Center Building including the Leased Premises, that are damaged as a result of the Lessee's use or negligence beyond reasonable damage thereto from ordinary wear and tear and acts of Godexcepted. The Lessee shall further be responsible for all extraordinary Tenant shall, upon the expiration or routine maintenance sooner termination of the Leased Premises. The Lessee shall not be responsible for any cost for repairs or maintenance incurred by Term, surrender the Lessor prior Premises to the commencement of the initial term of this Lease. The Lessee Landlord in as good a condition as when received, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the expiration of the term hereofPremises, surrender the Leased Premises and repair any damage to the Lessor in as good condition and repair as at Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the commencement of said term, except for reasonable wear and tear and acts of GodPremises or any part thereof. 218.3. The Lessee shall not alter, modify or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration of this Lease, belong to the Lessor without compensation to the Lessee. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor Landlord shall not be liable for any damage failure to make any repairs or injury to the Leased Premises or perform any property therein contained which may be sustained by the Lessee or any other party, whether by reason of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the Lessee's use need of such repairs or occupancy of the Leased Premises; and the Lessee maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.4. Provided Landlord uses commercially reasonable efforts to minimize interference with Tenant’s use, if any excavation shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building be made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by upon land adjacent to or under the Lessee, its employees, agentsBuilding, or servantsshall 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 any loss injury or damage arising from and to support the same by proper foundations, without any fault claim for damages or negligence liability against Landlord and without reducing or action on the part of the Lessee, its employees, agents, or servants. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default otherwise affecting Tenant’s obligations under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this Lease. 518.5. The Lessee shall not be responsible for any act or practice, which occurred prior This Article relates to commencement repairs and maintenance arising in the ordinary course of operation of the initial term Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this LeaseArticle. In the event of eminent domain, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now Article 25 shall apply in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term lieu of this Lease which may adversely affect the environmentArticle. 18.6. Subject to Section 9.1(c), whether such clean-up is costs incurred by Landlord pursuant to judicial or administrative order. This covenant this Article shall survive the termination of this Leaseconstitute Operating Expenses. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastrophe, in default of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) days.

Appears in 2 contracts

Sources: Lease (Shotspotter, Inc), Lease (Shotspotter, Inc)

Repairs and Maintenance. 118.1. The Lessor Landlord shall repair and maintain the structural and exterior portions and Common Areas of the Building and the Project, including, without limitation, roofing and covering materials, foundations, exterior walls, plumbing, fire sprinkler systems (if any), heating, ventilating, air conditioning, elevators, and electrical systems installed or furnished by Landlord. Any costs related to the repair or maintenance activities specified in this Section 18.1 shall be included as a part of Operating Expenses, unless such repairs or maintenance is required in whole or in part because of any act, neglect, fault or omissions of Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the cost of such repairs and maintenance. 18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall at all times during the term hereof, faithfully Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in good order and repair the sewer connections, plumbing work, heating and air conditioning apparatus, gas, electric, light and water fixtures and shall pay all costs or expenses necessary for keeping the Leased Premises and the appurtenances thereto in such order condition and repair. The Lessee shall further be responsible for repairing or replacing the Regional Skill Center Building including the Leased Premises, that are damaged as a result of the Lessee's use or negligence beyond reasonable damage thereto from ordinary wear and tear and acts of Godexcepted. The Lessee shall further be responsible for all extraordinary Tenant shall, upon the expiration or routine maintenance sooner termination of the Leased Premises. The Lessee shall not be responsible for any cost for repairs or maintenance incurred by the Lessor prior to the commencement of the initial term of this Lease. The Lessee shall, at the expiration of the term hereofTerm, surrender the Leased Premises to the Lessor Landlord in as good of a condition and repair as at the commencement of said termwhen received, except for reasonable ordinary wear and tear and acts of Godexcepted. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to Section 4.2 hereof. 218.3. The Lessee shall not alter, modify or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration of this Lease, belong to the Lessor without compensation to the Lessee. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is an obligation of Landlord unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.4. Repairs under this Article 18 that are obligations of Landlord are subject to allocation among Tenant and other tenants as Operating Expenses, except as otherwise provided in this Article 18. 18.5. This Article 18 relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project and any related facilities. In the event of fire, earthquake, flood, vandalism, war, terrorism, natural disaster or similar cause of damage or injury to the Leased Premises or any property therein contained which may be sustained by the Lessee or any other partydestruction, whether by reason of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage Article 22 shall apply in or about the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue of the Lessee's use or occupancy of the Leased Premises; and the Lessee shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by or under the Lessee, its employees, agents, or servants, and from any loss or damage arising from any fault or negligence or action on the part of the Lessee, its employees, agents, or servants. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation lieu of this covenant shall be an event of default under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this LeaseArticle 18. 5. The Lessee shall not be responsible for any act or practice, which occurred prior to commencement of the initial term of this Lease, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this Lease. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastrophe, in default of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) days.

Appears in 2 contracts

Sources: Lease (Receptos, Inc.), Lease (Receptos, Inc.)

Repairs and Maintenance. 1. The A. Subject to provisions of paragraph 15 of this Lease, Lessor shall at all times during the term hereof, faithfully keep and maintain and keep in good order order, condition and repair the sewer connectionsstructural elements of the Premises including the roof, plumbing workroof membrane, heating paving, floor slab, foundation, exterior walls, landscaping, and air conditioning apparatusirrigation. Lessor shall make such repairs, gasreplacements, electric, light alterations or improvements as Lessor deems reasonably necessary with respect to such structural elements and water fixtures and Lessee shall pay all costs to Lessor, within ten (10) business days of Lessor’s invoice to Lessee therefor, Lessee’s pro-rata share of such repairs, replacements, alterations or expenses necessary for keeping improvements. In the Leased Premises and event that the appurtenances thereto cost of any replacement or improvement exceeds $25,000 per occurrence, the amount in excess of $25,000 shall be amortized, on a straight line basis, over the useful life of such order and repairreplacements or improvements as reasonably determined by Lessor using manufacturers’ guidelines. The Lessee shall further be responsible obligated to pay its pro-rata share of such excess on a monthly basis, as Additional Rent, for repairing or replacing as long as the Regional Skill Center Building including useful life coincides with the Leased Premiseslease term. Notwithstanding the foregoing, that are damaged as a result of the Lessee's use or negligence beyond reasonable wear and tear and acts of God. The Lessee shall further be responsible for all extraordinary or routine maintenance of the Leased Premises. The Lessee shall not be responsible for any cost for repairs or maintenance incurred by the Lessor prior but subject to the commencement provisions of the initial term Paragraph 9.D of this Lease. The , if the reason for any repair, replacement, alteration or improvement is caused by Lessee or arises because of a breach of Lessee’s obligations under this Lease, then Lessee shall pay 100% of the costs or expense to remedy the same. B. Except as expressly provided in Subparagraph A above, Lessee shall, at its sole cost, keep and maintain the expiration of the term hereof, surrender the Leased entire Premises to the Lessor in as good condition and repair as at the commencement of said term, except for reasonable wear and tear and acts of God. 2. The Lessee shall not alter, modify or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration of this Lease, belong to the Lessor without compensation to the Lessee. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor shall not be liable for any damage or injury to the Leased Premises or any property therein contained which may be sustained by the Lessee or any other party, whether by reason of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, or the condition of any buildings thereon, or any every part thereof, or from any other cause arising by virtue including, without limitation, the windows, window frames, plate glass, glazing, truck doors, doors, all door hardware, interior of the Lessee's use Premises, interior walls and partitions, and electrical, plumbing, and lighting, systems in good and sanitary order, condition, and repair. Lessor shall maintain a service contract for the maintenance of all heating, air conditioning, and ventilation equipment with a licensed and insuranced contractor. Lessee shall reimburse Lessor pursuant to Paragraph 10 above for the cost of said maintenance contract. Should Lessee fail to maintain the Premises or occupancy make repairs required of Lessee hereunder forthwith upon notice from Lessor, Lessor, in addition to all other remedies available hereunder or by law, and without waiving any alternative remedies, may make the same, and in that event, Lessee shall reimburse Lessor as additional rent for the cost of such maintenance or repairs on the later of: (a) the next date upon which rent becomes due; or (b) within ten (10) business days following receipt of Lessor’s invoice. Lessee hereby expressly waives the provision of Subsection 1 of Section 1932, and Sections 1941 and 1942 of the Leased Premises; and the Lessee shall indemnify and hold harmless the Lessor from any Civil Code of California and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by or under the Lessee, its employees, agents, or servants, and from any loss or damage arising from any fault or negligence or action on the part of the Lessee, its employees, agents, or servants. 4. The Lessee will not cause, or permit rights to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order or make repairs at the direction expense of the Lessor Lessor, as provided in its sole discretion. This covenant shall survive termination of this Lease. 5. The Lessee shall not be responsible for any act or practice, which occurred prior to commencement of the initial term of this Lease, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this Lease. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastrophe, in default of which election, the Lessee may cancel this Lease effective at the expiration Section 1942 of said fifteen (15) daysCivil Code.

Appears in 2 contracts

Sources: Lease Agreement (Opnext Inc), Lease Agreement (Opnext Inc)

Repairs and Maintenance. 1. The Lessor (a) By taking possession of the Premises, Tenant shall at all times during be deemed to have accepted the term hereof, faithfully maintain and keep Premises as being in good order and repair the sewer connectionssanitary order, plumbing work, heating and air conditioning apparatus, gas, electric, light and water fixtures and shall pay all costs or expenses necessary for keeping the Leased Premises and the appurtenances thereto in such order condition and repair. The Lessee shall further be responsible for repairing or replacing Tenant shall, at Tenant's sole cost and expense, maintain the Regional Skill Center Building including the Leased Premises, that are damaged as a result of the Lessee's use or negligence beyond reasonable wear in good, clean and tear first class condition and acts of Godrepair. The Lessee In addition, Tenant shall further be responsible for all extraordinary repairs made necessary by Tenant or routine maintenance its invitees, agents, employees, contractors or subcontractors. Landlord acknowledges that Tenant shall have no obligation to repair or maintain any areas of the Leased Project outside of the Premises, unless such repair or maintenance is required due to acts of Tenant or its invitees, agents, employees, contractors or subcontractors. The Lessee Excepting maintenance, repairs or replacements required due to the negligence or willful misconduct of Landlord, its agents, employees, contractors and subcontractors, Tenant acknowledges that Landlord shall have no obligation to maintain, repair or replace any telecommunications or computer cabling or wiring which is located in the Premises or which exclusively serves the Premises (collectively, "Cabling"). Tenant shall, at Tenant's expense, contract with a reputable contractor to maintain the Cabling. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises except as specifically set forth in this Lease. Under no circumstances shall Tenant make any repairs to the Building or to the mechanical, electrical or heating, ventilating, air conditioning, fire sprinkler or energy management control systems of the Premises or the Building, unless such repairs are previously approved in writing by Landlord. (b) 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 be entitled to utilize its roof contractor at Tenant's expense to undertake the sealing of any roof penetrations caused by Tenant Alterations. Landlord shall also maintain all landscaping, driveways, parking lots, fences, signs, sidewalks and the other Project Common Areas to the extent such maintenance is not the responsibility of any owners' association or other person or entity under any recorded covenants, conditions and restrictions. To the extent applicable, Landlord shall be responsible for any cost for basic plumbing, heating, ventilating, air conditioning, sprinkler and electric systems within the Building core (but not any conduits or connections thereto or distribution systems thereof within the Premises, and not any such systems serving the Premises and not any other premises within the Building). 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 maintenance incurred changes which Landlord is required or permitted by the Lessor prior this Lease or by any other tenants' lease or required by law to the commencement make to any portion of the initial term of this LeaseBuilding or the Premises. The Lessee shall, Landlord shall use reasonable efforts to minimize any interference with Tenant's business at the expiration 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 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 term hereof, surrender Premises by Tenant as the Leased Premises to the Lessor in as good condition and repair as at the commencement result of said term, except for reasonable wear and tear and acts of God. 2. The Lessee shall not alter, modify or improve the Leased Premises without receiving the prior written consent of the Lessor and performing any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon work. For the Leased Premises shall, upon expiration purpose of this Lease, belong to the Lessor without compensation to "Prime Rate" shall mean the Lessee. rate, or base rate, reported in the Money Rates column or section of The Lessee will Wall Street Journal as being the base rate on corporate loans at large U.S. money center commercial banks (whether or not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with such rate has actually been charged by any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor shall not be liable for any damage or injury to the Leased Premises or any property therein contained which may be sustained by the Lessee or any other party, whether by reason of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue of the Lessee's use or occupancy of the Leased Premises; and the Lessee shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by or under the Lessee, its employees, agents, or servants, and from any loss or damage arising from any fault or negligence or action bank) on the part of first date on which The Wall Street Journal is published in the Lessee, its employees, agents, or servantsmonth preceding the month in which the subject costs are incurred. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this Lease. 5. The Lessee shall not be responsible for any act or practice, which occurred prior to commencement of the initial term of this Lease, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this Lease. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastrophe, in default of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) days.

Appears in 1 contract

Sources: Standard Lease Agreement (Myecheck, Inc.)

Repairs and Maintenance. 1. 9.1 The Lessor shall at all times during undertakes to maintain the term hereofexterior and public parts of the Demised Premises [and of the building], faithfully maintain including, without limitation, its foundations, pillars, beams, floors, roofs, terraces, walls and keep in good order other structural parts, its entrances, its common areas (including, without limitation, halls, corridors, [elevators] and repair stairways), its main sewers, drains, gutters, window and door casings, and the sewer connectionslike, plumbing work, its heating and air conditioning apparatusequipment, gasand toilets, electricand all building systems (including, light without limitation, plumbing and water fixtures electrical systems) in good repair and tenantable condition, including, without limitation, repainting and repairing [at intervals of two years OR specify frequency of maintenance service] and, when their condition warrants, earlier attention. For this purpose, and subject to UNHCR’s agreement, the Lessor shall pay have the right, upon reasonable prior notice to UNHCR, and at reasonable times, to enter, inspect and make any necessary repairs to the Demised Premises, and may enter the Demised Premises forthwith whenever reasonably necessary to make emergency repairs. All such work shall be carried out with minimal disruption to UNHCR. Any such maintenance or repair work shall be of a quality no less than the original work or construction. 9.2 [DELETE this clause if there are no elevators in the Demised Premises:] In addition to the Lessor’s responsibility to maintain and repair all costs elevators in accordance with Article 9.1 hereof, the Lessor, upon request from UNHCR, shall provide UNHCR with the certificate(s) of maintenance and certificate(s) of inspection for any or expenses necessary for keeping all of the Leased elevators serving the areas and floors occupied by UNHCR. 9.3 UNHCR shall take reasonable care of the Demised Premises and the fixtures and appurtenances thereto in such order and repairtherein. The Lessee UNHCR shall further be responsible for repairing or replacing minor repairs to, and routine maintenance of, the Regional Skill Center Building including the Leased Premises, that are damaged as a result Demised Premises arising from its occupation and use of the Lessee's use or negligence beyond reasonable wear Demised Premises during the term of this Lease, [NOTE: it may be useful to insert a financial cap for UNHCR’s obligation under this Article to maintain the Demised Premises.]. Such minor repairs include the routine repair of locks, windows, doors, floors, fittings, lightings, appurtenances and tear and acts of Godsanitary ware. The Lessee shall further be responsible for all extraordinary or routine maintenance of the Leased Premises. The Lessee UNHCR shall not be responsible for any cost for repairs or maintenance incurred by the Lessor prior to the commencement of the initial term of this Lease. The Lessee shall, at the expiration of the term hereof, surrender the Leased Premises to the Lessor in as good condition and repair as at the commencement of said term, except for (i) reasonable wear and tear and tear; (ii) obsolescence; (iii) damage by the elements or circumstances over which UNHCR has no control; (iv) damage caused by, or resulting from, any acts of God. 2. The Lessee shall not alter, modify or improve the Leased Premises without receiving the prior written consent omissions of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration of this Lease, belong to the Lessor without compensation to the Lessee. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor shall not be liable for any damage or injury to the Leased Premises or any property therein contained which may be sustained by the Lessee or any other party, whether by reason of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue of the Lessee's use or occupancy of the Leased Premises; and the Lessee shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by or under the Lessee, its employees, agents, or servants, and from any loss or damage arising from any fault or negligence or action on the part of the Lessee, its employeesofficers, agents, or servantssubcontractors; or (v) damages or defects set out in the Entry Inspection Letter described in Article 3 above. 4. 9.4 The Lessee will not causeLessor undertakes and agrees to maintain the sidewalks of [the Demised Premises] OR [of the building] in good repair and free of [ice, or permit snow and] any obstruction and to accept all liability in connection therewith. 9.5 [DELETE this clause unless the building is to be caused, any act or practice, by negligence, omission or otherwise, shared with other occupants:] The Lessor undertakes that would violate any federal, state or local laws, regulations or guidelines applicable to no part of the Leased Premises, now building in effect or hereafter enacted, relating to environmental protection or which the disposition of hazardous substances. Any violation of this covenant Demised Premises are located shall be an event of default under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial let or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this Lease. 5. The Lessee shall not be responsible used for any act illegal purpose or practicefor gambling and, which occurred prior in considering potential tenants or any activities to commencement of the initial term of this Lease, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now take place in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this Lease. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business thereinbuilding, the Lessor may elect to restore or rebuild shall take into account that UNHCR is a tenant in the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Demised Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastrophe, in default of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) days.

Appears in 1 contract

Sources: Lease Agreement

Repairs and Maintenance. 1. The Lessor 18.1 Landlord shall repair and maintain the structural and exterior portions and Common Area of the Building and the Project, including 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 systems 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, Tenant shall at all times during the term hereof, faithfully Tenant’s sole cost and expense maintain and keep the Premises (including but not limited to the portion of the HVAC system that includes the first damper or isolation valve and extends into and through the Premises, any supplemental HVAC serving the Premises, and any other systems or equipment exclusively serving the Premises) and every part thereof in good order and repair the sewer connections, plumbing work, heating and air conditioning apparatus, gas, electric, light and water fixtures and shall pay all costs or expenses necessary for keeping the Leased Premises and the appurtenances thereto in such order condition and repair. The Lessee shall further be responsible for repairing or replacing the Regional Skill Center Building including the Leased Premises, that are damaged as a result of the Lessee's use or negligence beyond reasonable damage thereto from ordinary wear and tear excepted, and acts shall, within fifteen (15) days after receipt of Godwritten notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. The Lessee shall further be responsible for all extraordinary Tenant shall, upon the expiration or routine maintenance of sooner termination ofthe Term, surrender the Leased Premises. The Lessee shall not be responsible for any cost for repairs or maintenance incurred by Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted and with the Lessor prior to Tenant Improvements in substantially the commencement of the initial term of this Lease. The Lessee same condition as existed 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 expiration of the term hereofPremises, surrender the Leased Premises and repair any damage to the Lessor in as good condition and repair as at Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the commencement of said term, except for reasonable wear and tear and acts of GodPremises or any part thereof. 2. The Lessee shall not alter, modify or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration of this Lease, belong to the Lessor without compensation to the Lessee. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor 18.3 Landlord shall not be liable for any damage failure to make any repairs or injury to the Leased Premises or perform any property therein contained which may be sustained by the Lessee or any other party, whether by reason of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the Lessee's use need of such repairs or occupancy of the Leased Premises; and the Lessee maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.4 If any excavation shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building be made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by upon land adjacent to or under the Lessee, its employees, agentsBuilding, or servantsshall 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 any loss injury or damage arising from and to support the same by proper foundations, without any fault claim for damages or negligence liability against Landlord and without reducing or action on the part of the Lessee, its employees, agents, or servants. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default otherwise affecting Tenant’s obligations under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this Lease. 5. The Lessee shall not be responsible for any act or practice, which occurred prior 18.5 This Article relates to commencement repairs and maintenance arising in the ordinary course of operation of the initial term Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this LeaseArticle. In the event of eminent domain, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now Article 25 shall apply in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term lieu of this Lease which may adversely affect the environment, whether such clean-up is Article. 18.6 Costs incurred by Landlord pursuant to judicial or administrative order. This covenant this Article shall survive the termination of this Leaseconstitute Operating Expenses. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastrophe, in default of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) days.

Appears in 1 contract

Sources: Lease (Codex DNA, Inc.)

Repairs and Maintenance. 18.1. The Lessor By taking possession of the Premises, Tenant shall be deemed to have conclusively agreed to accept the Premises "AS IS" and as being in the condition in which Landlord is required to deliver the same and otherwise in good order, condition and repair (except for latent defects). Subject to the provisions of Article 22 below, Tenant shall, at all times during the term hereofhereof and at Tenant's sole cost and expense, faithfully keep the Premises and every part thereof in good condition and repair. Tenant hereby waives any and all rights under and benefits from subsection 1 of Section 1932, and Sections 1941 and 1942, of the Civil Code of California and any similar law, statute or ordinance now or hereafter in effect. It is understood and agreed that Landlord has no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, or maintain any non-standard items installed in the Premises by or at the request of Tenant, except as specified in Article 22 below or in Exhibit "B", and keep that no representations relating to the condition of the Premises, the Building or the Project have been made by Landlord (or any employee or agent thereof) to Tenant, except as may be specifically set forth in this Lease. 8.2. Subject to the provisions of Section 8.1 above and Article 22 below, Landlord shall maintain the common areas, the foundation and structural portions of the Building, and the mechanical and electrical systems providing the services and utilities to be furnished by Landlord pursuant to Section 13.1 below, in good order and repair condition, provided however if such maintenance and repairs are caused in whole or in part by the sewer connectionsact, plumbing workneglect, heating and air conditioning apparatusfault, gasor omission of any duty by Tenant, electricits agents, light and water fixtures and servants, employees, or invitees, Tenant shall pay all costs or expenses necessary for keeping to Landlord the Leased Premises reasonable cost of such maintenance and the appurtenances thereto in such order and repairrepairs. The Lessee shall further be responsible for repairing or replacing the Regional Skill Center Building including the Leased Premises, that are damaged as a result of the Lessee's use or negligence beyond reasonable wear and tear and acts of God. The Lessee shall further be responsible for all extraordinary or routine maintenance of the Leased Premises. The Lessee shall not be responsible for any cost for repairs or maintenance incurred by the Lessor prior to the commencement of the initial term of this Lease. The Lessee shall, at the expiration of the term hereof, surrender the Leased Premises to the Lessor in as good condition and repair as at the commencement of said term, except for reasonable wear and tear and acts of God. 2. The Lessee shall not alter, modify or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration of this Lease, belong to the Lessor without compensation to the Lessee. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor Landlord shall not be liable for any damage failure to make any such repairs or injury to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the Leased Premises need of such repairs or any property therein contained which may maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be sustained by the Lessee or any other party, whether no abatement of rent and no liability of Landlord by reason of breakageany injury to or interference with Tenant's business arising from the delay in and the making of any repairs, leakage, alterations or obstruction of water pipes, gas pipes, soil pipes or other leakage improvements in or about to any portion of the Leased Building or the Premises, or in or to fixtures, appurtenances and equipment therein. Tenant waives the condition of right to make repairs at Landlord's expense under any buildings thereonlaw, statute or any part thereof, or from any other cause arising by virtue of the Lessee's use or occupancy of the Leased Premises; and the Lessee shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by or under the Lessee, its employees, agents, or servants, and from any loss or damage arising from any fault or negligence or action on the part of the Lessee, its employees, agents, or servants. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, ordinance now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this Lease. 5. The Lessee shall not be responsible for any act or practice, which occurred prior to commencement of the initial term of this Lease, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this Lease. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastrophe, in default of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) days.

Appears in 1 contract

Sources: Lease (American Pharmaceutical Partners Inc /Ca/)

Repairs and Maintenance. 118.1. The Lessor Landlord shall at all times during the term hereofrepair, faithfully maintain and keep in good order condition the structural and repair exterior portions and Common Areas of the sewer connectionsBuilding and the Project, plumbing workincluding roofing and covering materials; foundations; exterior walls; plumbing; fire sprinkler systems (if any); heating, heating and ventilating, air conditioning apparatussystems; elevators; and electrical systems installed or furnished by Landlord. 18.2. Except for services of Landlord, gasif any, electricrequired by Section 18.1, light Tenant shall at Tenant’s sole cost and water fixtures expense maintain and shall pay all costs or expenses necessary for keeping keep the Leased Premises and the appurtenances thereto every part thereof in such order good condition and repair. The Lessee shall further be responsible for repairing or replacing the Regional Skill Center Building including the Leased Premises, that are damaged as a result of the Lessee's use or negligence beyond reasonable damage thereto from ordinary wear and tear and acts of Godexcepted. The Lessee shall further be responsible for all extraordinary Tenant shall, upon the expiration or routine maintenance sooner termination of the Leased Premises. The Lessee shall not be responsible for any cost for repairs or maintenance incurred by Term, surrender the Lessor prior Premises to the commencement of the initial term of this Lease. The Lessee Landlord in as good a condition as when received, ordinary wear and tear excepted; 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 expiration Premises (except those installed as part of the term hereofTenant Improvements), surrender the Leased Premises and repair any damage to the Lessor in as good condition and repair as at the commencement of said term, except for reasonable wear and tear and acts of God. 2Premises caused thereby. The Lessee Landlord shall not have no obligation to alter, modify remodel, improve, repair, decorate or improve paint the Leased Premises without receiving the prior written consent of the Lessor and or any such alterationspart thereof, additions, improvements and fixtures (except trade fixtures) made or placed other than as described in or upon the Leased Premises shall, upon expiration of this Lease, belong to the Lessor without compensation to the LesseeExhibit B. 18.3. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor Landlord shall not be liable for any damage failure to make any repairs or injury to the Leased Premises or perform any property therein contained which may be sustained by the Lessee or any other party, whether by reason of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the Lessee's use need of such repairs or occupancy maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense or deduct the cost of the Leased Premises; and the Lessee such repairs from Rent. 18.4. If any excavation shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building be made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by upon land adjacent to or under the Lessee, its employees, agentsBuilding, or servantsshall 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 any loss injury or damage arising from and to support the same by proper foundations, without any fault claim for damages or negligence liability against Landlord and without reducing or action on the part of the Lessee, its employees, agents, or servants. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default otherwise affecting Tenant’s obligations under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this Lease. 518.5. The Lessee shall not be responsible for any act or practice, which occurred prior This Article relates to commencement repairs and maintenance arising in the ordinary course of operation of the initial term Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this LeaseArticle. In the event of eminent domain, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now Article 25 shall apply in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term lieu of this Lease which may adversely affect the environment, whether such clean-up is Article. 18.6. Costs incurred by Landlord pursuant to judicial or administrative order. This covenant this Article shall survive the termination of this Leaseconstitute Operating Expenses. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastrophe, in default of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) days.

Appears in 1 contract

Sources: Lease (Inovio Pharmaceuticals, Inc.)

Repairs and Maintenance. 1. The Lessor During said lease term or any other period of occupancy prior to or after said lease term the LESSOR shall at all times during the term hereof, faithfully maintain and keep in good order repair the exterior of the building within which the leased premises is contained (inclusive of the obligation to maintain and repair the sewer connectionsroof, plumbing workgutters and downspouts and to keep said building structurally sound, heating but exclusive of any such exterior part of the premises damaged by the negligence of LESSEE or its employees, agents, contractors or representatives) and air conditioning apparatusthe entire Common Area within said CENTER; provided, gashowever, electricLESSOR shall not be obligated to repair and maintain any part of the exterior storefront of said premises (meaning any part of any door, doorframe or doorjamb, window or window frame), or any other exterior door or window or part thereof, or any exterior sign, awning, light fixture or canopy or part thereof which has been installed by or for LESSEE and water fixtures which constitutes part of or is affixed to said premises. During said same period or periods, in addition to being responsible for the maintenance and repair of those parts of the premises which as above mentioned are not obligations of the LESSOR, LESSEE shall pay all costs or expenses necessary for keeping maintain and keep in good repair and condition the Leased Premises interior of the demised premises, including but not limited to the walls, floors and the appurtenances thereto in such order ceilings and repair. The Lessee any parts thereof; and LESSEE shall further be responsible for repairing the repair, maintenance and replacement, if necessary, of all mechanical, electrical and plumbing systems or replacing parts thereof within or exclusively serving said premises, including but not limited to, the Regional Skill Center Building including heating, ventilating and air conditioning (HVAC) systems. LESSEE shall enter into a preventive maintenance service contract with a reputable company approved by LESSOR for the Leased Premises, that are damaged as a result regular and periodic servicing (not less than twice each year) of the Lessee's use HVAC system upon and serving the premises. LESSEE shall also contract with a filter replacement service for monthly replacement of filters in the HVAC equipment. LESSEE shall maintain such service contracts in effect throughout the lease term and LESSEE'S occupancy of the premises. If LESSEE shall fail to enter into and maintain such HVAC service contract and such filter replacement service contract, or negligence beyond reasonable wear shall fail to furnish LESSOR on request with satisfactory evidence that such contracts are in effect, LESSOR may, at its option, enter into such contracts for and tear on behalf of LESSEE and acts the cost thereof shall, on demand, be promptly paid by LESSEE to LESSOR; provided, however, LESSOR shall have no obligation by virtue of Godthis provision to contract for such services. The Lessee Additionally, LESSEE understands that failure to cause such HVAC equipment to be regularly and properly serviced and maintained may also negate or void any existing warranties on such equipment. Notwithstanding the LESSOR'S covenants herein set forth, LESSEE shall further be solely responsible for keeping the sidewalk immediately in front of its storeroom premises free from snow and ice. Further notwithstanding the foregoing to the contrary, LESSOR warrants that the HVAC system shall be in good working condition and repair upon delivery of possession of the premises to LESSEE; and that LESSOR shall be responsible for all extraordinary or such HVAC repair (excluding routine maintenance changing of filters) should anything go wrong with the Leased Premises. The Lessee shall not be responsible for any cost for repairs or maintenance incurred by system during the Lessor prior to the commencement of the initial term of this Lease. The Lessee shall, at the expiration of the term hereof, surrender the Leased Premises to the Lessor in as good condition and repair as at the commencement first six (6) months of said term, except for reasonable wear and tear and acts of GodPrimary Term. 2. The Lessee shall not alter, modify or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration of this Lease, belong to the Lessor without compensation to the Lessee. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor shall not be liable for any damage or injury to the Leased Premises or any property therein contained which may be sustained by the Lessee or any other party, whether by reason of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue of the Lessee's use or occupancy of the Leased Premises; and the Lessee shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by or under the Lessee, its employees, agents, or servants, and from any loss or damage arising from any fault or negligence or action on the part of the Lessee, its employees, agents, or servants. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this Lease. 5. The Lessee shall not be responsible for any act or practice, which occurred prior to commencement of the initial term of this Lease, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this Lease. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastrophe, in default of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) days.

Appears in 1 contract

Sources: Lease (Family Christian Stores Inc)

Repairs and Maintenance. 1. The Lessor 18.1 Landlord shall repair and maintain (a) the structural and exterior portions of the Building including roofing and covering materials, foundations, and exterior walls and windows, (b) the life-safety sprinklers and fire panel (including associated monitoring of the fire panel and elevator safety) within the Building, (c) the central boilers and chillers located in the Building that serve the South Campus and (d) the Common Areas of the South Campus and the Project. 18.2 Except for services of Landlord, if any, required by Section 18.1, Tenant shall at all times during the term hereof, faithfully Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in good order and repair the sewer connections, plumbing work, heating and air conditioning apparatus, gas, electric, light and water fixtures and shall pay all costs or expenses necessary for keeping the Leased Premises and the appurtenances thereto in such order condition and repair. The Lessee shall further be responsible for repairing or replacing the Regional Skill Center Building including the Leased Premises, that are damaged as a result of the Lessee's use or negligence beyond reasonable damage thereto from ordinary wear and tear and acts of Godexcepted. The Lessee shall further be responsible for all extraordinary Tenant shall, upon the expiration or routine maintenance sooner termination of the Leased Premises. The Lessee shall not be responsible for any cost for repairs or maintenance incurred by the Lessor prior to the commencement of the initial term of this Lease. The Lessee shall, at the expiration of the term hereofTerm, surrender the Leased Premises to the Lessor Landlord in as good a condition and repair as at the commencement of said termwhen received, except for reasonable ordinary wear and tear and acts of Godexcepted. 2. The Lessee shall not alter, modify or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration of this Lease, belong to the Lessor without compensation to the Lessee. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor 18.3 Landlord shall not be liable for any damage failure to make any repairs or injury to the Leased Premises or perform any property therein contained maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice, of which may electronic notice in accordance with Section 39 below shall be sustained by the Lessee or any other partyacceptable, whether by reason of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue of the Lessee's use need of such repairs or occupancy of the Leased Premises; and the Lessee maintenance. Except as otherwise expressly provided in this Lease, 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 indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building be made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by upon land adjacent to or under the Lessee, its employees, agentsBuilding, or servantsshall 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 any loss injury or damage arising from and to support the same by proper foundations, without any fault claim for damages or negligence liability against Landlord and without reducing or action on the part of the Lessee, its employees, agents, or servants. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default otherwise affecting Tenant’s obligations under this Lease. The Lessee assumes sole responsibility forNotwithstanding the foregoing, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which no such excavation shall occur that may adversely affect Tenant’s Permitted Use of the environmentPremises. 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, whether such clean-up is Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article. 18.6 Except where expressly excluded from Operating Expenses under Section 9.1(a) above, costs incurred by Landlord pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant this Article shall survive termination of this Leaseconstitute Operating Expenses. 5. The Lessee shall not be responsible for any act or practice, which occurred prior 18.7 Notwithstanding anything to commencement of the initial term of contrary in this Lease, in the event that would violate (a) a component of a Base Building System (as defined below) that is considered a capital item (pursuant to generally accepted accounting principles) needs to be replaced (as reasonably determined by an independent consultant mutually selected by Landlord and Tenant) (any federalsuch item, state or local lawsa “Required Capital Replacement”), regulations or guidelines and (b) the need for such replacement is not as a result of Tenant’s failure to properly maintain and repair the applicable Base Building System in accordance with this Lease (as reasonably determined by said independent consultant), Landlord shall make such Required Capital Replacement at Landlord’s sole cost and expense (and such costs shall be excluded from Operating Expenses). “Base Building System” means any one of the following to the Leased Premisesextent located in the Building: (a) HVAC, now (b) elevators, (c) plumbing, mechanical and electrical systems and (d) fire and life safety systems. Except as otherwise expressly set forth in effect this Section 18.7, nothing in this Section 18.7 shall modify or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee amend Tenant’s obligations under this Lease with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement repair and maintenance of the initial term of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this LeasePremises. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastrophe, in default of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) days.

Appears in 1 contract

Sources: Lease (Glycomimetics Inc)

Repairs and Maintenance. 1. The Lessor shall FOUNDATION shall, at FOUNDATION’s sole cost and expense and to CITY’s satisfaction, maintain the Premises, in same or better order and repair and in a safe, healthy and sanitary condition at all times during the term hereofTerm of this Agreement, faithfully subject to normal and ordinary wear and tear resulting from the use of the Agreement. FOUNDATION shall maintain the Premises in a manner consistent with other similar facilities in the San Diego County area. FOUNDATION shall keep the Premises free and keep in good order clear of rubbish, debris and repair the sewer connections, plumbing work, heating and air conditioning apparatus, gas, electric, light and water fixtures and litter at all times. FOUNDATION shall pay all costs or expenses necessary for keeping the Leased Premises and the appurtenances thereto in such order and repair. The Lessee shall further be responsible for repairing or replacing maintaining the Regional Skill Center Building including the Leased Premises, that are damaged as a result exterior of the Lessee's use or negligence beyond reasonable wear and tear and acts of God. The Lessee shall further be responsible for all extraordinary or routine maintenance of the Leased building, landscaping, walkways, within designated Premises. The Lessee FOUNDATION shall immediately repair or replace any defective equipment or improvements within three (3) working days of being noticed by CITY. FOUNDATION shall comply with any applicable water restrictions in full compliance with all (Storm Water and Discharge Control) Best Management Practices (BMP). FOUNDATION agrees that CITY shall not be responsible for required to perform or assume the cost of any cost for repairs or maintenance incurred by the Lessor prior to the commencement of the initial term of this Lease. The Lessee shall, at the expiration of the term hereof, surrender the Leased Premises to the Lessor in as good condition and repair as at the commencement of said term, except for reasonable wear and tear and acts of God. 2. The Lessee shall not alter, modify or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration of this Lease, belong to the Lessor without compensation to the Lessee. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvementsmaintenance, repairs, or replacements made by services to the LesseePremises except that specifically set forth in this Agreement as CITY obligations. The Lessor will CITY shall maintain the park restrooms. FOUNDATION agrees that it is FOUNDATION’s sole responsibility to repair and maintain the interior of the Premises and appurtenances in same or better condition as the start of this Agreement, including but not permit any mechanics or limited to changing light bulbs, unclogging drains, painting interior walls, and cleaning of floor coverings, subject to normal and ordinary wear and tear resulting from its use of the Premises pursuant to this Agreement. FOUNDATION shall keep the Premises free from waste and keep the interior free from rodents, roaches and other liens to be established or remain against pests which may damage the Leased park and various improvements located upon the Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor shall not be liable for any damage or injury good faith and to the Leased Premises or any property therein contained which may best of its ability. FOUNDATION must obtain all required permits for appropriate handling of chemical applications to the interior of the Premises. Exterior chemical applications will be sustained by the Lessee or any other party, whether by reason arranged through CITY as part of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, or the condition routine park maintenance operations. CITY shall provide 10-day notice of any buildings thereon, or any part thereof, or from any other cause arising by virtue of the Lessee's use or occupancy of the Leased Premises; and the Lessee shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by or under the Lessee, its employees, agents, or servants, and from any loss or damage arising from any fault or negligence or action on the part of the Lessee, its employees, agents, or servantschemical applications to FOUNDATION. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this Lease. 5. The Lessee shall not be responsible for any act or practice, which occurred prior to commencement of the initial term of this Lease, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this Lease. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastrophe, in default of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) days.

Appears in 1 contract

Sources: License Agreement

Repairs and Maintenance. 15.1 Tenant acknowledges that, except as provided in Section 4.1 and Section 6 and Section l0, Landlord has made, makes and shall make no representations or warranties with respect to the Facility, express or implied. The Lessor Without limiting the generality of the foregoing, Tenant acknowledges and agrees that Landlord has made, makes and shall at all times during make (i) no representation or warranty except as provided in Section 4.1 and Section 6 and Section 10 of tenantability or habitability with respect to the term hereofFacility, faithfully maintain (ii) no representation or warranty of fitness with respect to any Equipment or fixtures contained therein, and (iii) no representation or warranty, except as provided in Section 4.1 and Section 6 and Section l0, with respect to the physical condition of the Facility or the operating order or condition of any Equipment. 5.2 Subject to the representations and warranties made by Landlord in this Lease, Tenant shall be responsible to keep and maintain, repair and replace the non-structural and other systems and elements of the Facility, in a state of good order order, condition and repair to the sewer connectionsfull extent not expressly delineated below as being Landlord's responsibility. Landlord shall be responsible to keep and maintain, plumbing workrepair and replace the roof, heating foundations, floor slabs, structural walls and air conditioning apparatusother structural elements of the Facility in a state of good order, gas, electric, light and water fixtures and shall pay all costs or expenses necessary for keeping the Leased Premises and the appurtenances thereto in such order condition and repair. The Lessee shall further be responsible for repairing Any sums or replacing the Regional Skill Center Building including the Leased Premises, that are damaged as a result of the Lessee's use costs expended or negligence beyond reasonable wear and tear and acts of God. The Lessee shall further be responsible for all extraordinary or routine maintenance of the Leased Premises. The Lessee shall not be responsible for any cost for repairs or maintenance incurred by Tenant for obligations which are Landlord's responsibility under the Lessor prior immediately preceding sentence and are not otherwise paid to the commencement of the initial term of Tenant may be offset by Tenant against rentals and other charges otherwise due under this Lease. The Lessee shall, at the expiration of the term hereof, surrender the Leased Premises to the Lessor in as good condition and repair as at the commencement of said term, except for reasonable wear and tear and acts of God. 2. The Lessee shall not alter, modify Tenant will suffer no active or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration of this Lease, belong to the Lessor without compensation to the Lessee. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor shall not be liable for any damage permissive waste thereof or injury to the Leased Premises or any property therein contained which may be sustained by the Lessee or any other party, whether by reason of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue of the Lessee's use or occupancy of the Leased Premises; Facility and the Lessee shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by or under the Lessee, its employees, agents, or servants, and from any loss or damage arising from any fault or negligence or action on the part of the Lessee, its employees, agents, or servants. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default under this Lease. The Lessee assumes sole assume financial responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this Lease. 5. The Lessee shall not be responsible for any act such waste or practice, which occurred prior to commencement of the initial term of this Lease, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this Leaseinjury caused by Tenant. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastrophe, in default of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) days.

Appears in 1 contract

Sources: Facility Lease Agreement (Ramsay Health Care Inc)

Repairs and Maintenance. 119.1. The Lessor Following the Term Commencement Date, Tenant, at its sole cost and expense, shall at all times during the term hereof, faithfully maintain and keep the Premises (except Landlord’s Items) in good order and repair the sewer connections, plumbing work, heating and air conditioning apparatus, gas, electric, light and water fixtures and shall pay all costs or expenses necessary for keeping the Leased Premises and the appurtenances thereto in such order and repair. The Lessee shall further be responsible for repairing or replacing the Regional Skill Center Building including the Leased Premises, that are damaged as a result of the Lessee's use or negligence beyond reasonable wear and tear and acts of God. The Lessee shall further be responsible for all extraordinary or routine maintenance of the Leased Premises. The Lessee shall not be responsible for any cost for repairs or maintenance incurred by the Lessor prior to the commencement of the initial term of this Lease. The Lessee shall, at the expiration of the term hereof, surrender the Leased Premises to the Lessor in as good condition and repair as at in a manner consistent with the commencement of said termPermitted Use. Tenant shall make all repairs, except for reasonable wear replacements and tear and acts of God. 2. The Lessee shall not alter, modify or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) with respect to Landlord’s Items), including, without limitation, all HVAC, plumbing and electrical repairs, replacements and improvements required, and shall keep the same free and clear from all rubbish and debris. All repairs made or placed by Tenant shall be at least equal in or upon the Leased Premises shall, upon expiration of this Lease, belong quality to the Lessor without compensation original work, and shall be made only by Tenant’s employees (provided they are qualified to perform such repairs and maintenance, do not void any warranties on the Lessee. The Lessee will Building’s equipment, and perform the repairs in accordance with Applicable Laws) or by a licensed, bonded contractor approved in advance by Landlord; provided, however, that such contractor need not permit any mechanics be bonded or other liens to be established or remain against approved by Landlord if the Leased Premises for labor or materials furnished in connection with any such additions, improvementsnon-structural alterations, repairs, additions or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens improvements to be established or remain against the Leased Premises for labor or materials furnished performed do not exceed Twenty-Five Thousand Dollars ($25,000) in connection value. Landlord may impose reasonable restrictions and requirements with any respect to such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor Tenant shall not be liable for take or fail to take any action, the taking or failure of which shall cause waste, damage or injury to the Leased Premises or any property therein contained which may be sustained Premises. Tenant shall indemnify, save, defend (by the Lessee or any other party, whether by reason of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue of the Lessee's use or occupancy of the Leased Premises; and the Lessee shall indemnify legal counsel acceptable to Landlord) and hold harmless the Lessor Landlord from and against any and all damages, liabilities and expenses Claims (as defined below) arising out of any improvementthe failure of Tenant or Tenant’s Agents to perform the covenants contained in this paragraph. “Tenant’s Agents” shall be defined to include Tenant’s officers, alteration or repair on said building made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by or under the Lessee, its employees, agents, contractors, invitees, customers and subcontractors. Landlord shall repair and maintain the Common Areas of the Project, the structural and exterior portions of the Building (including, without limitation, the Building’s shell, roof, foundation, structural components and windows), the BMS system (only in regards to the BMS system’s ability to measure the utilities entering the Building, and provided Tenant shall have secure online access to monitor and control Tenant’s system) elevators, fire sprinkler systems, fire alarm panels, elevator and fire alarm telephone lines (collectively, “Landlord’s Items”). Except as otherwise stated in Section 10.1(b), any costs related to the repair or maintenance activities specified in this Section 19.1 shall be included as a part of Operating Expenses, unless such repairs or maintenance is required in whole or in part because of any act, neglect, fault or failure to act of Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the cost of such repairs and from any loss or damage arising from any fault or negligence or action on the part of the Lesseemaintenance; provided, its employees, agents, or servants. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwisehowever, that would violate any federal, state or local laws, regulations or guidelines applicable costs related to window repairs and maintenance to protect against water intrusion after the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or first (1st) thirty-six (36) months following the disposition of hazardous substances. Any violation of this covenant Term Commencement Date shall be constitute an event of default under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this LeaseOperating Expense. 5. The Lessee shall not be responsible for any act or practice, which occurred prior to commencement of the initial term of this Lease, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this Lease. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastrophe, in default of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) days.

Appears in 1 contract

Sources: Lease (Revance Therapeutics, Inc.)

Repairs and Maintenance. 18.1 Except as otherwise provided in paragraph 16.2 of the Master Lease regarding Landlord's obligations and paragraph 26.1 of the Master Lease regarding restoration of damage caused by fire and other perils, Sublessor shall clean, keep, and maintain in good order, condition and repair the Premises and the Common Areas, including, but not limited to, all plumbing within the Premises; the HVAC system; all fixtures, interior walls, floors, carpets and ceilings; the roof; all windows and doors; all electrical facilities, wiring and equipment; and maintenance and repair of the parking lot. The Lessor Sublessor shall not be responsible for damage caused to any part of the Premises by any act, negligence or omission of Sublessee or its agents, contractor, employees or invitees to the extent not covered by insurance, or for damage caused by Sublessee's construction of any Alterations to the Premises. It is an express condition precedent to all obligations of Sublessor to repair that Sublessee shall have notified Sublessor of the need for such repairs. Upon receipt of written notice from Sublessor of the need for any repairs to the Premises, Sublessor shall promptly commence such repairs and diligently prosecute such repairs to completion. Sublessee waives the provisions of Sections 1941 and 1942 of the California Civil Code and any similar or successor law regarding a tenant's right to make repairs and deduct the expenses of such repairs from the rent due under this Sublease. 8.2 Sublessee shall at all times during keep and preserve the term hereof, faithfully maintain and keep Premises in good order order, condition and repair the sewer connections, plumbing work, heating and air conditioning apparatus, gas, electric, light and water fixtures and shall pay provide, at Sublessee's expense, all costs or expenses necessary for keeping janitorial services to the Leased Premises and the appurtenances thereto in such order and repair. The Lessee shall further be responsible for repairing or replacing the Regional Skill Center Building including the Leased Premises, that are damaged as a result of the Lessee's use or negligence beyond reasonable wear and tear and acts of God. The Lessee shall further be responsible for all extraordinary or routine maintenance of the Leased Premises. The Lessee Sublessee shall not litter or store any materials in the Common Areas Sublessee shall not be responsible for any cost for repairs or maintenance incurred by the Lessor prior damage to the commencement of the initial term of this Lease. The Lessee shallPremises caused by any act, at the expiration of the term hereof, surrender the Leased Premises to the Lessor in as good condition and repair as at the commencement of said term, except for reasonable wear and tear and acts of God. 2. The Lessee shall not alter, modify or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration of this Lease, belong to the Lessor without compensation to the Lessee. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairsnegligence, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor shall not be liable for any damage or injury to the Leased Premises or any property therein contained which may be sustained by the Lessee or any other party, whether by reason omission of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue of the Lessee's use or occupancy of the Leased Premises; and the Lessee shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by or under the LesseeSublessor, its employees, agents, contractors, employees or servants, and from any loss or damage arising from any fault or negligence or action on the part of the Lessee, its employees, agents, or servantsinvitees. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this Lease. 5. The Lessee shall not be responsible for any act or practice, which occurred prior to commencement of the initial term of this Lease, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this Lease. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastrophe, in default of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) days.

Appears in 1 contract

Sources: Lease (Accelgraphics Inc)

Repairs and Maintenance. 1. The Lessor shall Notwithstanding anything contained in the Initial Lease to the contrary (including, without limitation, the terms of SECTION 11), with respect to any Additional Termination Area, from and after the sooner to occur of (i) the surrender of such space by Tenant to Landlord as a Relinquished Area in the condition required by the Initial Lease (as amended hereby); (ii) the applicable Early Expiration Date; and (iii) the Revised Expiration Date, Landlord shall, at Landlord's sole cost, be obligated to keep, repair and maintain (and provide all times during repairs and replacements necessary to keep and maintain) the term hereof, faithfully maintain and keep applicable Additional Termination Area in good order and repair repair, except to the sewer connections, plumbing work, heating and air conditioning apparatus, gas, electric, light and water fixtures and extent of any damage thereto resulting directly from the actions of Tenant or any Tenant Party which shall pay all costs be repaired or expenses necessary for keeping restored by Tenant (at Tenant's cost) to the Leased Premises and the appurtenances thereto in such order and repair. The Lessee shall further be extent Tenant is responsible for repairing or replacing such damage under the Regional Skill Center Building including Initial Lease. As to any Additional Termination Area, Tenant shall remain obligated to (i) maintain the Leased Premises, that are damaged insurance contemplated by the Initial Lease; and (ii) repair and maintain such Additional Termination Area in accordance with the Initial Lease until the sooner to occur of (x) the surrender of such space as a result Relinquished Area; (y) the applicable Early Expiration Date; and (z) the Revised Expiration Date (or sooner termination of the Lessee's use Initial lease as amended hereby). Notwithstanding anything contained in this SECTION 10 or negligence beyond reasonable wear and tear and acts in any other provision of God. The Lessee shall further be responsible for all extraordinary or routine maintenance this Amendment to the contrary, Section 14(f) of the Leased Premises. The Lessee shall not be responsible for any cost for repairs or maintenance incurred by the Lessor prior to the commencement of the initial term of this Lease. The Lessee shall, at the expiration of the term hereof, surrender the Leased Premises to the Lessor Initial Lease remains unmodified and in as good condition full force and repair as at the commencement of said term, except for reasonable wear and tear and acts of Godeffect. 2. The Lessee shall not alter, modify or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration of this Lease, belong to the Lessor without compensation to the Lessee. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor shall not be liable for any damage or injury to the Leased Premises or any property therein contained which may be sustained by the Lessee or any other party, whether by reason of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue of the Lessee's use or occupancy of the Leased Premises; and the Lessee shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by or under the Lessee, its employees, agents, or servants, and from any loss or damage arising from any fault or negligence or action on the part of the Lessee, its employees, agents, or servants. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this Lease. 5. The Lessee shall not be responsible for any act or practice, which occurred prior to commencement of the initial term of this Lease, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this Lease. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastrophe, in default of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) days.

Appears in 1 contract

Sources: Lease Agreement (Brightpoint Inc)

Repairs and Maintenance. 118.1. The Lessor Landlord shall repair and maintain the structural and exterior portions and Common Area of the Building and the Project, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems (excluding the Supplemental HVAC Unit); elevators; and electrical systems installed or furnished by Landlord. In addition, Landlord shall provide (a) janitorial services for the Premises comparable to the janitorial services provided by comparable owners of comparable properties in the Rockville, Maryland, area, which services shall be provided five (5) nights per week, Monday through Friday, excluding holidays recognized as such by the federal government and/or the State of Maryland, and (b) Building standard lightbulb changes to the Premises. 18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall at all times during the term hereof, faithfully Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in good order and repair the sewer connections, plumbing work, heating and air conditioning apparatus, gas, electric, light and water fixtures and shall pay all costs or expenses necessary for keeping the Leased Premises and the appurtenances thereto in such order condition and repair. The Lessee shall further be responsible for repairing or replacing the Regional Skill Center Building including the Leased Premises, that are damaged as a result of the Lessee's use or negligence beyond reasonable damage thereto from ordinary wear and tear excepted, and acts shall, within ten (10) days after receipt of Godwritten notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. The Lessee shall further be responsible for all extraordinary Tenant shall, upon the expiration or routine maintenance sooner termination of the Leased Premises. The Lessee shall not be responsible for any cost for repairs or maintenance incurred by Term, surrender the Lessor prior Premises to the commencement of the initial term of this Lease. The Lessee Landlord in as good a condition as when received, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the expiration of the term hereofPremises, surrender the Leased Premises and repair any damage to the Lessor in as good condition and repair as at the commencement of said term, except for reasonable wear and tear and acts of God. 2Premises caused thereby. The Lessee Landlord shall not have no obligation to alter, modify remodel, improve, repair, decorate or improve paint the Leased Premises without receiving the prior written consent of the Lessor and or any such alterationspart thereof, additions, improvements and fixtures (except trade fixtures) made or placed other than as described in or upon the Leased Premises shall, upon expiration of this Lease, belong to the Lessor without compensation to the LesseeExhibit B. 18.3. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor Landlord shall not be liable for any damage failure to make any repairs or injury to the Leased Premises or perform any property therein contained which may be sustained by the Lessee or any other party, whether by reason of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the Lessee's use need of such repairs or occupancy of the Leased Premises; and the Lessee maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.4. If any excavation shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building be made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by upon land adjacent to or under the Lessee, its employees, agentsBuilding, or servantsshall be authorized to be made, Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises upon reasonable prior notice for the purpose of performing such work as such person shall reasonably deem necessary or desirable to preserve and protect the Building from any loss injury or damage arising from and to support the same by proper foundations, without any fault claim for damages or negligence liability against Landlord and without reducing or action on the part of the Lessee, its employees, agents, or servants. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default otherwise affecting Tenant’s obligations under this Lease; provided, however, that all such activities shall be conducted only to the extent and for the time reasonably required and in such a manner so as to cause as little interference to Tenant as is reasonably possible. 18.5. The Lessee assumes sole responsibility forThis 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, and will indemnify Article 24 shall apply in lieu of this Article. In the Lessor with respect toevent of eminent domain, the complete clean-up Article 25 shall apply in lieu of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is this Article. 18.6. Costs incurred by Landlord pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant this Article shall survive termination of this Lease. 5. The Lessee shall not be responsible for any act or practice, which occurred prior to commencement of the initial term of this Lease, that would violate any federal, state or local laws, regulations or guidelines applicable constitute Operating Expenses to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this Leaseextent permitted by Article 9. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastrophe, in default of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) days.

Appears in 1 contract

Sources: Lease (REGENXBIO Inc.)

Repairs and Maintenance. 1. 7.1 The Lessor Tenant shall take good care of the Leased Premises and, at its cost and expense, keep and maintain in good repair the interior of the Leased Premises, including all times during repairs to the term hereoffloor, faithfully the air-conditioning and heating plant, the plumbing, pipes, sewer lines and conduits, and fixtures belonging thereto; and shall replace all air-conditioning, electrical, heating and plumbing plants, fixtures and systems, including mechanical and working parts as may be required; and shall replace all ballasts and fluorescent fixtures; and shall maintain interior water and sewer pipes and connections, and shall generally maintain and keep repair the interior of the Leased Premises, and shall, at the end or the expiration of the term, deliver up the Leased Premises in good order and repair condition, damages by fire or casualty, the sewer connections, plumbing work, heating elements and air conditioning apparatus, gas, electric, light ordinary wear and water fixtures and shall pay all costs or expenses necessary for keeping the Leased Premises and the appurtenances thereto in such order and repairtear excepted. The Lessee Tenant expressly agrees that it shall further enter into a periodic maintenance agreement with a reputable heating, ventilating and air-conditioning contractor, which contract shall provide for a minimum of two (2) inspections per year. A copy of said contract shall be responsible for repairing forwarded to the Landlord prior to the Commencement Date and thereafter on an annual basis, and copies of inspection reports shall be delivered to the Landlord within ten (10) days of receipt thereof by Tenant. The Tenant covenants and agrees that it shall not cause or replacing the Regional Skill Center Building including permit any waste (other than reasonable wear and tear), damage or disfigurement to the Leased Premises, that are damaged as a result or any overloading of the Lessee's use or negligence beyond reasonable wear and tear and acts floors of God. The Lessee shall further be responsible for all extraordinary or routine maintenance the Building, constituting part of the Leased Premises. Tenant shall reimburse Landlord in connection with exterior maintenance and repairs as hereinafter provided in Article 7.2. 7.2 The Lessee Tenant shall not be responsible for any cost for repairs or maintenance pay to the Landlord monthly, as Additional Rent, a sum equal to Tenant's Common Area Percentage of costs incurred by the Lessor prior Landlord for the management, maintenance, repair and replacement of the following: (i) parking lot and roadways, driveways, sidewalks, walkways, exterior lighting; (ii) exterior sewer and utility lines; (iii) lawns and shrubbery; (iv) snow removal; (v) signs serving the Complex; and (vi) detention ponds. In addition the Tenant shall pay the Landlord monthly, as Additional Rent, Tenant's Building Percentage of costs incurred by the Landlord for the maintenance, repair and replacement of the following: roof, gutters, leaders, flashings, metal gravel stops and roof drains. Landlord shall be responsible at its sole cost for the maintenance, repair and replacement of the exterior walls, load bearing interior walls and the foundation of the Leased Premises unless arising from the negligence or willful misconduct of Tenant, its agents, employees or contractors. Landlord shall be solely responsible for the cost of repairing original construction defects and the costs of repairs and replacements incurred by reason of fire or other casualty. Notwithstanding the above, the cost of any replacement of the roof of the Building, exterior sewer and utility lines, repaving of the parking lot or replacement of the heating, ventilating and air conditioning system shall be each amortized on a straight line basis over its useful life which is deemed to be ten (10) years in each instance and Tenant shall be responsible to reimburse the Landlord for that portion of such amortized costs as is applicable to the commencement of the initial then remaining term of this Leaselease based on Tenant's Common Area Percentage. The Lessee shallIn the event of any subsequent renewal or extension of this lease, at Tenant shall be responsible to reimburse the Landlord for that portion of such amortized costs which is applicable to the renewal or extension term based on Tenant's Common Area Percentage. 7.3 During the first year of the lease term, the Landlord shall estimate the cost of all of the management, maintenance, repair and replacement services required pursuant to Article 7.2 above, inclusive of management fees. Landlord shall furnish such estimate to the Tenant, and Tenant shall pay to Landlord one-twelfth (1/12th) of its Common Area Percentage or Building Percentage thereof, as applicable, during each month of the lease year as Additional Rent. At the expiration of the term hereoffirst twelve (12) months of the lease term, surrender the Leased Premises Landlord shall furnish to Tenant a breakdown, certified by the Landlord, as to the Lessor in as good condition total cost of management, maintenance, repair and repair as at the commencement of said term, except replacement for reasonable wear and tear and acts of God. 2. The Lessee shall not alter, modify or improve the Leased Premises without receiving the prior twelve (12) months. Upon Landlord's receipt of a written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration of this Lease, belong to the Lessor without compensation to the Lessee. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor shall not be liable for any damage or injury to the Leased Premises or any property therein contained which may be sustained by the Lessee or any other party, whether by reason of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, or the condition of any buildings thereon, or any part thereof, or request from any other cause arising by virtue of the Lessee's use or occupancy of the Leased Premises; and the Lessee shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by or under the Lessee, its employees, agents, or servants, and from any loss or damage arising from any fault or negligence or action on the part of the Lessee, its employees, agents, or servants. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this Lease. 5. The Lessee shall not be responsible for any act or practice, which occurred prior to commencement of the initial term of this Lease, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this Lease. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed Tenant within sixty (60) days from said catastropheafter Tenant's receipt of the annual certified statement, the Landlord shall forward copies of all relevant invoices, contracts and other documentation in support of the Landlord's certified statement for Tenant's review. In the event Tenant's pro rata share shall be more than the aggregate paid by the Tenant during which time this Lease the preceding twelve (12) month period, Tenant shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice pay to the other effective as of the date of the catastrophe. The Lessor shall make Landlord, in one lump sum, any election herein granted difference in such obligation, said sum to be paid within fifteen (15) days from after demand. In the happening event Tenant shall have overpaid its pro rata share, any such overage shall be applied to the monthly management, maintenance, repair and replacement charges prospectively due under the lease. This procedure shall be followed during each year of the catastrophelease term, in default of which election, the Lessee may cancel this Lease effective and at the expiration of said fifteen (15) daysthe lease, any overage or underage shall be credited or paid after computation by the Landlord, which obligation of Landlord and Tenant shall survive the expiration of the lease term. 7.4 The Tenant expressly covenants and agrees to replace any broken glass in the windows or other apertures of the Leased Premises which become damaged or destroyed, at Tenant's sole cost and expense.

Appears in 1 contract

Sources: Lease Agreement (2bridge)

Repairs and Maintenance. 1. The Lessor 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 all times during the term hereof, faithfully Tenant’s sole cost and expense maintain and keep the interior of the Premises and every part thereof in good order and repair the sewer connections, plumbing work, heating and air conditioning apparatus, gas, electric, light and water fixtures and shall pay all costs or expenses necessary for keeping the Leased Premises and the appurtenances thereto in such order 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. The Lessee shall further be responsible for repairing Tenant shall, upon the expiration or replacing the Regional Skill Center Building including the Leased Premises, that are damaged as a result sooner termination of the Lessee's use or negligence beyond reasonable Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear and acts of God. The Lessee shall further be responsible for all extraordinary or routine maintenance of the Leased Premises. The Lessee shall not be responsible for any cost for repairs or maintenance incurred damage by the Lessor prior casualty and eminent domain excepted (subject to the commencement terms of Sections 24 and 25 below) and with the initial term of this Lease. The Lessee 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 expiration 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 term hereof, surrender the Leased Premises to the Lessor in as good condition and repair as at the commencement of said term, except for reasonable wear and tear and acts of GodWork Letter. 2. The Lessee shall not alter, modify or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration of this Lease, belong to the Lessor without compensation to the Lessee. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor 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 Leased 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 any property therein contained which may be sustained by the Lessee intentional misconduct of Landlord or any other partyits agents, whether by reason of breakage, leakagecontractors or employees, or obstruction if the work performed by Tenant to remedy such interruption of water pipes, gas pipes, soil pipes or other leakage in or about services to the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue of the Lessee's use or occupancy of the Leased Premises; and the Lessee shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by or Premises is not Tenant’s sole responsibility under the Lessee, its employees, agents, or servants, terms and from any loss or damage arising from any fault or negligence or action on the part of the Lessee, its employees, agents, or servants. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this Lease. 5. The Lessee shall not be responsible for any act or practice, which occurred prior to commencement of the initial term conditions of this Lease, that would violate any federal, state or local laws, regulations or guidelines applicable then Landlord agrees to reimburse Tenant for the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition reasonable cost of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term of this Lease which may adversely affect the environment, whether such clean-up is work performed by Tenant pursuant to judicial or administrative order. This covenant shall survive the termination of this Lease. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed Section within sixty thirty (6030) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastrophe, in default of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) daysinvoice.

Appears in 1 contract

Sources: Lease (NanoString Technologies Inc)

Repairs and Maintenance. 1. The Lessor 17.1 Landlord shall repair and maintain and repair any defects in the structural and exterior portions and Common Areas of the Buildings and the Project, including roofing and covering (structure and membrane) materials; foundations; slabs; exterior walls; exterior utilities; plumbing; fire sprinkler systems (if any); heating, ventilating, air conditioning systems; elevators; and electrical systems installed or furnished by Landlord. 17.2 Except for services of Landlord, if any, required by Section 17.1, Tenant shall at all times during the term hereof, faithfully Tenant's sole cost and expense maintain and keep the Premises and every part thereof in good order and repair the sewer connections, plumbing work, heating and air conditioning apparatus, gas, electric, light and water fixtures and shall pay all costs or expenses necessary for keeping the Leased Premises and the appurtenances thereto in such order condition and repair, damage thereto from ordinary wear and tear excepted. The Lessee shall further be responsible for repairing Tenant shall, upon the expiration or replacing the Regional Skill Center Building including the Leased Premises, that are damaged as a result sooner termination of the Lessee's use or negligence beyond reasonable Lease Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear and acts of God. The Lessee shall further be responsible for all extraordinary or routine maintenance of the Leased Premises. The Lessee shall not be responsible for any cost for repairs or maintenance incurred by the Lessor prior to the commencement of the initial term of this Lease. The Lessee casualty damage excepted; and shall, at Landlord's request, remove all telephone and data systems, wiring and equipment installed by Tenant from the expiration of the term hereofPremises, surrender the Leased Premises and repair any damage to the Lessor Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof; other than as expressly provided in as good condition and repair as at the commencement of said term, except for reasonable wear and tear and acts of Godthis Lease. 2. The Lessee shall not alter, modify or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration of this Lease, belong to the Lessor without compensation to the Lessee. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor 17.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is an obligation of Landlord unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord's expense. Notwithstanding anything to the contrary set forth in this Article 17, if Tenant provides written notice to Landlord of the need for repairs and/or maintenance with respect to the Premises which are Landlord's obligation to perform under Section 17.1 above, and Landlord fails to commence such repairs and/or maintenance within a reasonable period of time, given the circumstances, after receipt of such notice (but in no event earlier than fifteen (15) days after receipt of such notice except in cases where there is an immediate threat of material and substantial property damage or injury immediate threat of bodily injury, in which case such shorter period of time as is reasonable under the circumstances), then Tenant may, at its option, proceed to undertake such repairs and/or maintenance upon delivery of an additional five (5) business days' notice to Landlord that Tenant is taking such required action (provided, however, that no additional notice shall be required in the event of an emergency which threatens life or where there is imminent danger to property). If such repairs and/or maintenance were required under the terms of this Lease to be performed by Landlord and Landlord has not commenced such repair or maintenance prior to the Leased expiration of such five (5) business day period (or the initial notice and repair period set forth in the first sentence of this Section 17.3 in the event of emergencies where no second notice is required) ("Outside Repair Period"), then Tenant shall be entitled to reimbursement by Landlord of Tenant's actual, reasonable, and documented costs and expenses in performing such maintenance and/or repairs. Such reimbursement shall be made within thirty (30) days after Landlord's receipt of Tenant's invoice of such costs and expenses, and if Landlord fails to so reimburse Tenant within such 30-day period, then Tenant shall be entitled to offset against the Rent payable by Tenant under this Lease the amount of such invoice; provided, however, that notwithstanding the foregoing to the contrary, if (i) Landlord delivers to Tenant prior to the expiration of the Outside Repair Period described above, a written objection to Tenant's right to receive any such reimbursement based upon Landlord's good faith claim that such action did not have to be taken by Landlord pursuant to the terms of this Lease, or (ii) Landlord delivers to Tenant, within thirty (30) days after receipt of Tenant's invoice, a written objection to the payment of such invoice based upon Landlord's good faith claim that such charges are excessive (in which case, Landlord shall reimburse Tenant, within such 30-day period, the amount Landlord contends would not be excessive), then Tenant shall not be entitled to such reimbursement or offset against Rent, but Tenant, as its sole remedy, may proceed to claim a default by Landlord. In the event Tenant undertakes such repairs and/or maintenance, and such work will affect the Base, Shell and Core, any structural portions of the Premises or any property therein contained Building, Tenant shall use only those third party contractors used by Landlord in the Project for such work unless such contractors are unwilling or unable to perform such work at competitive prices, in which event Tenant may be sustained by utilize the Lessee or services of any other partyqualified contractor which normally and regularly performs similar work in comparable first-class buildings in the general vicinity of the Building. Tenant shall comply with the other terms and conditions of this Lease if Tenant takes the required action, whether by reason of breakage, leakageexcept that Tenant is not required to obtain Landlord's consent for such repairs. 17.4 If any excavation shall be made upon land adjacent to or under the Buildings, or obstruction 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 water pipesperforming such work as said person shall deem necessary or desirable to preserve and protect the Buildings from injury or damage and to support the same by proper foundations, gas pipes, soil pipes without any claim for damages or other leakage in liability against Landlord and without reducing or about otherwise affecting Tenant's obligations under this Lease to the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue extent Tenant's Permitted Use of the Lessee's Premises is not materially disrupted; provided that Landlord will ensure that any person entering the Premises acts in a manner which minimizes unreasonable interference with Tenant’s use or and occupancy of the Leased Premises; Premises and any work must be completed as expeditiously as commercially reasonably possible. 17.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Buildings and the Lessee Project. In the event of a casualty described in Article 23, Article 23 shall indemnify and hold harmless apply in lieu of this Article. In the Lessor from event of eminent domain, Article 24 shall apply in lieu of this Article. 17.6 Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses except as otherwise provided herein, unless such costs are incurred due in whole or in part to any and all damagesact, liabilities and expenses arising out neglect, fault or omissions of any improvement, alteration Tenant or repair on said building made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by or under the Lessee, its employees, agents, contractors or servants, and from any loss or damage arising from any fault or negligence or action on the part of the Lessee, its employees, agents, or servants. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this Lease. 5. The Lessee shall not be responsible for any act or practice, which occurred prior to commencement of the initial term of this Lease, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this Lease. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastropheinvitees, in default which case Tenant shall pay to Landlord the cost of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) dayssuch repairs and maintenance.

Appears in 1 contract

Sources: Lease (Mabvax Therapeutics Holdings, Inc.)

Repairs and Maintenance. 1. The Lessor 18.1 Landlord shall repair and maintain the structural and exterior portions and Common Areas of the Building and the Project, including roofing and covering materials; foundations; exterior walls; plumbing; fire sprinkler systems (if any); heating, ventilating, air conditioning systems; elevators; and electrical systems installed or furnished by Landlord. 18.2 Except for services of Landlord, if any, required by Section 18.1, Tenant shall at all times during the term hereof, faithfully Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in good order and repair the sewer connections, plumbing work, heating and air conditioning apparatus, gas, electric, light and water fixtures and shall pay all costs or expenses necessary for keeping the Leased Premises and the appurtenances thereto in such order condition and repair. The Lessee shall further be responsible for repairing or replacing the Regional Skill Center Building including the Leased Premises, that are damaged as a result of the Lessee's use or negligence beyond reasonable damage thereto from ordinary wear and tear and acts of Godexcepted. The Lessee shall further be responsible for all extraordinary Tenant shall, upon the expiration or routine maintenance sooner termination of the Leased Premises. The Lessee shall not be responsible for any cost for repairs or maintenance incurred by Term, surrender the Lessor prior Premises to the commencement of the initial term of this Lease. The Lessee Landlord in as good a condition as when received, ordinary wear and tear excepted; and shall, at Landlord’s request, remove all telephone and data systems, wiring and equipment from the expiration Premises which was installed by or on behalf of Tenant or at Tenant’s request, including 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 term hereof, surrender the Leased Premises to the Lessor in as good condition and repair as at the commencement of said term, except for reasonable wear and tear and acts of GodWork Letter. 2. The Lessee shall not alter18.3 Except as provided in Section 16.2, modify or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration of this Lease, belong to the Lessor without compensation to the Lessee. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor Landlord shall not be liable for any damage failure to make any repairs or injury to the Leased Premises or perform any property therein contained which may be sustained by the Lessee or any other party, whether by reason maintenance that is an obligation of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue Landlord unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the Lessee's use need of such repairs or occupancy of the Leased Premises; and the Lessee maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.4 If any excavation shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building be made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by upon land adjacent to or under the LesseeBuilding, or shall be authorized to be made, Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as said person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease. Landlord shall use commercially reasonable efforts in conducting any such work to minimize or prevent interference with Tenant’s use of or access to 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 (but only to the extent includable in the definition of Operating Expenses), unless such costs are incurred due in whole or in part to any act, neglect, fault or omissions of Tenant or its employees, agents, contractors or servants, and from any loss or damage arising from any fault or negligence or action on the part of the Lessee, its employees, agents, or servants. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this Lease. 5. The Lessee shall not be responsible for any act or practice, which occurred prior to commencement of the initial term of this Lease, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this Lease. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastropheinvitees, in default which case Tenant shall pay to Landlord the cost of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) dayssuch repairs and maintenance.

Appears in 1 contract

Sources: Lease (aTYR PHARMA INC)

Repairs and Maintenance. 118.1. The Lessor As further detailed on Exhibit J attached hereto and incorporated herein by reference, Landlord shall repair, replace and maintain in accordance with standards for comparable first-class buildings in the Rockville, Maryland area and in accordance with all Applicable Laws (a) the Common Areas, (b) the structural and exterior portions of the Building and the Project, including without limitation roofing and covering materials, foundations and exterior walls (collectively, the "Structural Building Improvements"), and (c) upon Tenant's request for a Turnover pursuant to Article 43, following the Turnover Date, the elevators and the base Building plumbing, fire and life safety, heating, ventilating, air conditioning, electrical, security and mechanical systems (collectively, the "Building System Improvements"). 18.2. As further detailed on Exhibit J attached hereto and incorporated herein by reference, Tenant shall at all times during the term hereof, faithfully Tenant's sole cost and expense maintain and keep the Premises and every part thereof in good order and repair the sewer connections, plumbing work, heating and air conditioning apparatus, gas, electric, light and water fixtures and shall pay all costs or expenses necessary for keeping the Leased Premises and the appurtenances thereto in such order condition and repair. The Lessee shall further be responsible for repairing or replacing the Regional Skill Center Building including the Leased Premises, that are damaged as a result of the Lessee's use or negligence beyond reasonable damage thereto from ordinary wear and tear excepted, it being understood and acts agreed by Landlord that ordinary wear and tear for purposes of God. The Lessee this Lease shall further be responsible for all extraordinary or routine maintenance mean operation of the Leased PremisesBuilding and the Building systems 24 hours per day, 7 days per week, 365 days per year. The Lessee shall not be responsible for any cost for repairs Tenant shall, upon the expiration or maintenance incurred by the Lessor prior to the commencement sooner termination of the initial term of this Lease. The Lessee shall, at the expiration of the term hereofTerm, surrender the Leased Premises to the Lessor Landlord in as good a condition and repair as at the commencement of said termwhen received, except for reasonable ordinary wear and tear excepted; and acts shall remove all of GodTenant's personal property listed on Exhibit H attached hereto and incorporated herein by reference (which list may be updated from time to time by Tenant, subject to Landlord's prior written approval, such approval not to be unreasonably withheld, conditioned or delayed), and repair any damage to the Premises caused thereby. Upon such surrender, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof. 218.3. The Lessee shall not alterExcept as otherwise set forth herein, modify or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration of this Lease, belong to the Lessor without compensation to the Lessee. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor Landlord shall not be liable for any damage failure to make any repairs or injury to perform any maintenance that is an obligation of Landlord except as set forth in Section 31.14. 18.4. If any excavation shall be made upon land adjacent to the Leased Premises or any property therein contained which may be sustained by the Lessee or any other party, whether by reason of breakage, leakageBuilding, or obstruction 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 water pipesperforming such work as said person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, gas pipeswithout any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant's obligations under this Lease, soil pipes or other leakage in or about the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue provided Tenant's use of the Lessee's use or occupancy Premises will not be materially and adversely interfered with in connection therewith. 18.5. This Article relates to repairs and maintenance arising in the ordinary course of operation of the Leased Premises; Building and the Lessee Project. In the event of a casualty described in Article 24, Article 24 shall indemnify and hold harmless apply in lieu of this Article. In the Lessor from event of eminent domain, Article 25 shall apply in lieu of this Article. 18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses, unless such costs are incurred due in whole or in part to any and all damagesact, liabilities and expenses arising out neglect, fault or omissions of any improvement, alteration Tenant or repair on said building made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by or under the Lessee, its employees, agents, contractors or servants, and from any loss or damage arising from any fault or negligence or action on the part of the Lessee, its employees, agents, or servants. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this Lease. 5. The Lessee shall not be responsible for any act or practice, which occurred prior to commencement of the initial term of this Lease, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this Lease. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastropheinvitees, in default which case Tenant shall pay to Landlord the cost of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) dayssuch repairs and maintenance.

Appears in 1 contract

Sources: Lease (Macrogenics Inc)

Repairs and Maintenance. 118.1. The Lessor Landlord shall repair and maintain the structural and exterior portions and Common Area of the Building and the Project, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); base Building HVAC systems 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, Tenant shall at all times during the term hereof, faithfully Tenant’s sole cost and expense maintain and keep the Premises (including but not limited to the portion of the HVAC system that includes the first damper or isolation valve and extends into and through the Premises, any supplemental HVAC serving the Premises, and any other systems or equipment exclusively serving the Premises) and every part thereof in good order and repair the sewer connections, plumbing work, heating and air conditioning apparatus, gas, electric, light and water fixtures and shall pay all costs or expenses necessary for keeping the Leased Premises and the appurtenances thereto in such order condition and repair. The Lessee shall further be responsible for repairing or replacing the Regional Skill Center Building including the Leased Premises, that are damaged as a result of the Lessee's use or negligence beyond reasonable damage thereto from ordinary wear and tear excepted, and acts shall, within ten (10) days after receipt of Godwritten notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. The Lessee shall further be responsible for all extraordinary Tenant shall, upon the expiration or routine maintenance sooner termination of the Leased Premises. The Lessee shall not be responsible for any cost for repairs or maintenance incurred by Term, surrender the Lessor prior Premises to the commencement of the initial term of this Lease. The Lessee Landlord in as good a condition as when received, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the expiration Premises (with respect to wiring, only to the extent installed by a Tenant Party (as defined below)), and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof. 18.3. Throughout the Term of the term hereofLease, surrender the Leased Premises Tenant shall, at Tenant’s sole cost and expense, maintain copies of all service contracts, service, repair and maintenance records, and inspection reports on all equipment installed by or maintained by Tenant. Tenant shall, within ten (10) days after receipt of written notice from Landlord, provide to the Lessor in as good condition and repair as at the commencement of said termLandlord any maintenance records, except for reasonable wear and tear and acts of Godservice or inspection reports that Landlord reasonably requests. 218.4. The Lessee shall not alter, modify or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration of this Lease, belong to the Lessor without compensation to the Lessee. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor Landlord shall not be liable for any damage failure to make any repairs or injury to the Leased Premises or perform any property therein contained which may be sustained by the Lessee or any other party, whether by reason of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the Lessee's use need of such repairs or occupancy of the Leased Premises; and the Lessee shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by or under the Lessee, its employees, agents, or servants, and from any loss or damage arising from any fault or negligence or action on the part of the Lessee, its employees, agents, or servants. 4maintenance. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now Except as otherwise set forth in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this Lease. 5. The Lessee shall not be responsible for any act or practice, which occurred prior to commencement of the initial term Section 31.13 of this Lease, that would violate Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.5. If any federalexcavation shall be made upon land adjacent to or under the Building, state or local lawsshall be authorized to be made, regulations or guidelines applicable Tenant shall afford to the Leased Premisesperson causing or authorized to cause such excavation, now 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, provided, however, that in effect any such event Landlord shall use reasonable efforts to minimize disruption of Tenant’s business operations. 18.6. This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article. 18.7. Costs incurred by Landlord pursuant to this Article, other than pursuant to Section 18.5, shall constitute Operating Expenses. Notwithstanding the foregoing, to the extent that the cost of such repairs and maintenance arising from Tenant’s acts, neglect, fault or hereafter enacted, relating to environmental protection omissions (but not gross negligence or willful misconduct) exceeds the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up limits of any condition on the Leased Premises prior insurance maintained or required to the commencement of the initial term of be maintained by Tenant pursuant to this Lease which may adversely affect the environmentbut are covered by insurance maintained or required to be maintained by Landlord under this Lease, whether then Landlord shall file a claim for such clean-up is excess pursuant to judicial Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice therefor (or, if Landlord has not obtained or administrative order. This covenant shall survive maintained the termination of insurance it is required to obtain and maintain pursuant to this Lease. 6. Should , Landlord shall pay such excess, other than what the Leased Premises be damaged or destroyed by firedeductible would have been had Landlord obtained and maintained the requisite insurance, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect which Tenant shall pay to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed Landlord within sixty thirty (6030) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as after receipt of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastrophe, in default of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) daysan invoice therefor).

Appears in 1 contract

Sources: Lease (Cyclerion Therapeutics, Inc.)

Repairs and Maintenance. 1. The Lessor shall A. Landlord shall, at all times during the term hereofits sole cost and expense, faithfully maintain and keep repair the roof and structural elements of the Building, the driveways and parking areas located on the Land, and, subject to Tenant’s maintenance and repair obligations in Paragraphs 12(b) and 12(c) below, the heating, ventilating, and air conditioning systems serving the Premises (“HVAC”) and the mechanical, electrical, and plumbing systems currently serving the Premises (collectively, the “Building Systems”). On the Commencement Date, Landlord shall deliver the HVAC and Building Systems in good order and repair. B. Tenant will, at its cost and expense, maintain and repair the sewer connections, plumbing work, heating and air conditioning apparatus, gas, electric, light and water fixtures and shall pay all costs or expenses necessary for keeping non-structural elements of the Leased Premises and make such repairs to the appurtenances thereto in such order Premises as and repair. The Lessee shall further be responsible when needed for repairing or replacing the Regional Skill Center Building including the Leased Premises, that are damaged as a result its use and occupancy of the Lessee's use Premises and to preserve the Premises in substantially the same (or negligence beyond reasonable better) condition, as it existed at the Commencement Date, ordinary wear and tear and acts of Goddamage for which Landlord is responsible excepted (the “Building Maintenance”), to the extent that such Building Maintenance is reasonably necessary during the Term hereof. The Lessee Tenant shall further be solely responsible for all extraordinary or routine maintenance obtaining any services required by Tenant for its Permitted Use. With regard to the use and occupancy of the Leased PremisesPremises by Tenant, Tenant shall at its sole expense, (1) keep the inside and outside of all glass in the doors and windows of the Premises reasonably clean; (2) maintain the Premises in a clean, orderly and sanitary condition and free of insects, rodents, vermin and other pests; (3) keep any garbage, trash, rubbish or other refuse in containers until removed; and (4) have such garbage, trash, rubbish and refuse removed on a regular basis. C. With respect to the HVAC and Building Systems, Tenant shall bear all costs of standard maintenance and repairs to such systems (i.e. routine/minor repairs and day-to-day maintenance occasioned by standard operational use of systems), including but not limited to, providing regular service for of the HVAC. The Lessee Notwithstanding the foregoing or anything to the contrary contained herein, Landlord at it sole cost shall not be responsible for any cost for major repairs or maintenance incurred by the Lessor prior replacements to the commencement of the initial term of this Lease. The Lessee shallHVAC and Building Systems, at the expiration of the term hereof, surrender the Leased Premises to the Lessor in as good condition and repair as at the commencement of said term, except for reasonable wear and tear and acts of God. 2. The Lessee shall not alter, modify or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterationsmaintenance or repairs or replacements costing in excess of $5,000.00; provided, additionshowever, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration of this Lease, belong to the Lessor without compensation to the Lessee. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with that if any such additions, improvements, repairs, repairs or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens replacement are required due solely to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor shall not be liable for any damage or injury to the Leased Premises or any property therein contained which may be sustained by the Lessee or any other party, whether by reason of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue of the Lessee's use or occupancy of the Leased Premises; and the Lessee shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by or under the Lessee, its employees, agents, or servants, and from any loss or damage arising from any fault or Tenant’s gross negligence or action on the part of the Lesseewillful misconduct, its employees, agents, or servants. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant then Tenant shall be an event of default under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this Lease. 5. The Lessee shall not be responsible for any act or practice, which occurred prior to commencement of the initial term of this Lease, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this Leasecosts. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastrophe, in default of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) days.

Appears in 1 contract

Sources: Securities Purchase Agreement (Gloo Holdings, Inc.)

Repairs and Maintenance. 119.1. The Lessor Landlord shall repair and maintain the structural and exterior portions and Common Areas of the Building and the Project, including, without limitation, roofing and covering materials, foundations, exterior walls, plumbing, fire sprinkler systems (if any), heating, ventilating, air conditioning, elevators, and electrical systems installed or furnished by Landlord. Subject to the provisions of Section 10.1(b), any costs related to the repair or maintenance activities specified in this Section 19.1 shall be included as a part of Operating Expenses, unless such repairs or maintenance is required in whole or in part because of any act, neglect, fault or omissions of Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the cost of such repairs and maintenance. 19.2. Except for services of Landlord, if any, required by Section 19.1, Tenant shall at all times during the term hereof, faithfully Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in good order and repair the sewer connections, plumbing work, heating and air conditioning apparatus, gas, electric, light and water fixtures and shall pay all costs or expenses necessary for keeping the Leased Premises and the appurtenances thereto in such order condition and repair, damage thereto from ordinary wear and tear excepted. The Lessee shall further be responsible for repairing Tenant shall, upon the expiration or replacing the Regional Skill Center Building including the Leased Premises, that are damaged as a result sooner termination of the Lessee's use or negligence beyond reasonable Term, surrender the Premises to Landlord in as good of a condition as when received, ordinary wear and tear and acts of God. The Lessee shall further be responsible for all extraordinary or routine maintenance of the Leased Premises. The Lessee shall not be responsible for any cost for repairs or maintenance incurred by the Lessor prior to the commencement of the initial term of this Lease. The Lessee casualty excepted; and shall, at Landlord’s request, remove all telephone and data systems, wiring and equipment from the expiration of the term hereofPremises installed by Tenant, surrender the Leased Premises and repair any damage to the Lessor in as good condition and repair as at Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the commencement of said term, except for reasonable wear and tear and acts of GodPremises or any part thereof. 219.3. The Lessee shall not alter, modify or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration of this Lease, belong to the Lessor without compensation to the Lessee. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is an obligation of Landlord unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs, or Landlord discovers the need for such repair. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 19.4. Repairs under this Article 19 that are obligations of Landlord are subject to allocation among Tenant and other tenants as Operating Expenses, except as otherwise provided in this Article 19 or Article 10. 19.5. This Article 19 relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project and any related facilities. In the event of fire, earthquake, flood, vandalism, war, terrorism, natural disaster or similar cause of damage or injury destruction, Article 25 shall apply in lieu of this Article 19. 19.6. If any excavation shall be made upon land adjacent to the Leased Premises or any property therein contained which may be sustained by the Lessee or any other party, whether by reason of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue of the Lessee's use or occupancy of the Leased Premises; and the Lessee shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by or under the Lessee, its employees, agentsBuilding, or servantsshall be authorized to be made, Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as said person shall deem necessary or desirable to preserve and protect the Building from any loss injury or damage arising from and to support the same by proper foundations, without any fault claim for damages or negligence liability against Landlord and without reducing or action on the part of the Lessee, its employees, agents, or servants. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default otherwise affecting Tenant’s obligations under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this Lease. 5. The Lessee shall not be responsible for any act or practice, which occurred prior to commencement of the initial term of this Lease, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this Lease. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastrophe, in default of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) days.

Appears in 1 contract

Sources: Lease (Daystar Technologies Inc)

Repairs and Maintenance. 118.1 Landlord shall repair and maintain the structural and exterior portions and Common Areas of the Building and the Project, including roofing and covering materials; foundations; exterior walls; plumbing; fire sprinkler systems (if any); heating, ventilating, air conditioning systems; elevators; and electrical systems installed or furnished by Landlord. The Lessor Landlord shall provide a dumpster or compactor at the freight loading dock on the west side of the Building for Tenant’s disposal of non-hazardous/non-controlled substances, and all costs relating to such dumpster shall be included as Operating Expenses. 18.2 Except for services of Landlord, if any, required by Section 18.1, Tenant shall at all times during the term hereof, faithfully Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in good order and repair the sewer connections, plumbing work, heating and air conditioning apparatus, gas, electric, light and water fixtures and shall pay all costs or expenses necessary for keeping the Leased Premises and the appurtenances thereto in such order condition and repair. The Lessee shall further be responsible for repairing or replacing the Regional Skill Center Building including the Leased Premises, that are damaged as a result of the Lessee's use or negligence beyond reasonable damage thereto from ordinary wear and tear and acts of Godexcepted. The Lessee shall further be responsible for all extraordinary Tenant shall, upon the expiration or routine maintenance sooner termination of the Leased Premises. The Lessee shall not be responsible for any cost for repairs or maintenance incurred by Term, surrender the Lessor prior Premises to the commencement of the initial term of this Lease. The Lessee Landlord in as good a condition as when received, ordinary wear and tear excepted; and shall, at Landlord’s request, remove all telephone and data systems, wiring and equipment from the expiration of the term hereofPremises, surrender the Leased Premises and repair any damage to the Lessor in as good condition Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than Landlord’s Work. Tenant, at its sole cost and repair as at expense, shall supply its own janitorial and trash services for the commencement of said term, except for reasonable wear and tear and acts of GodPremises. 2. The Lessee shall not alter, modify or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration of this Lease, belong to the Lessor without compensation to the Lessee. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor 18.3 Landlord shall not be liable for any damage failure to make any repairs or injury to the Leased Premises or perform any property therein contained which may be sustained by the Lessee or any other party, whether by reason maintenance that is an obligation of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue Landlord unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the Lessee's use need of such repairs or occupancy of the Leased Premises; and the Lessee maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.4 If any excavation shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building be made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by upon land adjacent to or under the LesseeBuilding, or shall be authorized to be made, Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as said person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease. 18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 25, Article 25 shall apply in lieu of this Article. In the event of eminent domain, Article 26 shall apply in lieu of this Article. 18.6 Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses, unless such costs are incurred due in whole or in part to any act, neglect, fault or omissions of Tenant or its employees, agents, contractors or servants, and from any loss or damage arising from any fault or negligence or action on the part of the Lessee, its employees, agents, or servants. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this Lease. 5. The Lessee shall not be responsible for any act or practice, which occurred prior to commencement of the initial term of this Lease, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this Lease. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastropheinvitees, in default which case Tenant shall pay to Landlord the cost of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) dayssuch repairs and maintenance.

Appears in 1 contract

Sources: Lease (Epizyme, Inc.)

Repairs and Maintenance. 118.1. The Lessor Landlord shall at all times during the term hereofrepair, faithfully maintain and keep in good order condition the structural and repair exterior portions and Common Areas of the sewer connectionsBuilding and the Project, plumbing workincluding roofing and covering materials; foundations; exterior walls; plumbing; fire sprinkler systems (if any); heating, heating and ventilating, air conditioning apparatussystems; elevators; and electrical systems installed or furnished by Landlord. 18.2. Except for services of Landlord, gasif any, electricrequired by Section 18.1, light Tenant shall at Tenant’s sole cost and water fixtures expense maintain and shall pay all costs or expenses necessary for keeping keep the Leased Premises and the appurtenances thereto every part thereof in such order good condition and repair. The Lessee shall further be responsible for repairing or replacing the Regional Skill Center Building including the Leased Premises, that are damaged as a result of the Lessee's use or negligence beyond reasonable damage thereto from ordinary wear and tear and acts of Godexcepted. The Lessee shall further be responsible for all extraordinary Tenant shall, upon the expiration or routine maintenance sooner termination of the Leased Premises. The Lessee shall not be responsible for any cost for repairs or maintenance incurred by Term, surrender the Lessor prior Premises to the commencement of the initial term of this Lease. The Lessee Landlord in as good a condition as when received, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the expiration of the term hereofPremises, surrender the Leased Premises and repair any damage to the Lessor in as good condition and repair as at the commencement of said term, except for reasonable wear and tear and acts of God. 2Premises caused thereby. The Lessee Landlord shall not have no obligation to alter, modify remodel, improve, repair, decorate or improve paint the Leased Premises without receiving the prior written consent of the Lessor and or any such alterationspart thereof, additions, improvements and fixtures (except trade fixtures) made or placed other than as described in or upon the Leased Premises shall, upon expiration of this Lease, belong to the Lessor without compensation to the LesseeExhibit B. 18.3. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor Landlord shall not be liable for any damage failure to make any repairs or injury to the Leased Premises or perform any property therein contained which may be sustained by the Lessee or any other party, whether by reason of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the Lessee's use need of such repairs or occupancy of the Leased Premises; and the Lessee maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.4. If any excavation shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building be made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by upon land adjacent to or under the Lessee, its employees, agentsBuilding, or servantsshall 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 any loss injury or damage arising from and to support the same by proper foundations, without any fault claim for damages or negligence liability against Landlord and without reducing or action on the part of the Lessee, its employees, agents, or servants. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default otherwise affecting Tenant’s obligations under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this Lease. 518.5. The Lessee shall not be responsible for any act or practice, which occurred prior This Article relates to commencement repairs and maintenance arising in the ordinary course of operation of the initial term Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this LeaseArticle. In the event of eminent domain, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now Article 25 shall apply in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term lieu of this Lease which may adversely affect the environment, whether such clean-up is Article. 18.6. Costs incurred by Landlord pursuant to judicial or administrative order. This covenant this Article shall survive the termination of this Leaseconstitute Operating Expenses. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastrophe, in default of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) days.

Appears in 1 contract

Sources: Lease (Infinity Oil & Gas Co)

Repairs and Maintenance. 119.1. The Lessor Landlord shall repair and maintain the structural and exterior portions and Common Areas of the Building and the Project, including, without limitation, roofing and covering materials, foundations, exterior walls, plumbing, fire sprinkler systems (if any), heating, ventilating, air conditioning, elevators, and electrical systems installed or furnished by Landlord. Any costs related to the repair or maintenance activities specified in this Section 19.1 shall be included as a part of Operating Expenses, unless such repairs or maintenance is (a) specifically excluded from the definition of Operating Expenses above, in which case Landlord shall not charge Tenant any portion thereof, or (b) required in whole or in part because of any act, neglect, fault or omissions of Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the cost of such repairs and maintenance. 19.2. Except for services of Landlord, if any, required by Section 19.1, Tenant shall at all times during the term hereof, faithfully Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in good order and repair the sewer connections, plumbing work, heating and air conditioning apparatus, gas, electric, light and water fixtures and shall pay all costs or expenses necessary for keeping the Leased Premises and the appurtenances thereto in such order condition and repair. The Lessee shall further be responsible for repairing or replacing the Regional Skill Center Building including the Leased Premises, that are damaged as a result of the Lessee's use or negligence beyond reasonable damage thereto from ordinary wear and tear and acts of Godinsured casualty excepted. The Lessee shall further be responsible for all extraordinary Tenant shall, upon the expiration or routine maintenance sooner termination of the Leased Premises. The Lessee shall not be responsible for any cost for repairs or maintenance incurred by the Lessor prior to the commencement of the initial term of this Lease. The Lessee shall, at the expiration of the term hereofTerm, surrender the Leased Premises to the Lessor Landlord in as good of a condition and repair as at the commencement of said termwhen received, except for reasonable ordinary wear and tear and acts of God. 2insured casualty excepted; and shall, at Landlord’s request, remove all telephone and data systems, wiring and equipment from and serving the Premises installed by Tenant (collectively, the “Cabling”), and repair any damage to the Premises caused thereby. The Lessee Landlord shall not have no obligation to alter, modify remodel, improve, repair, decorate or improve paint the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration of this Lease, belong to the Lessor without compensation to the Lessee. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor shall not be liable for any damage or injury to the Leased Premises or any property therein contained which may be sustained by the Lessee or any other party, whether by reason of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue than pursuant to the terms and provisions of the Lessee's use Work Letter. 19.3. [Intentionally omitted] 19.4. Repairs under this Article 19 that are obligations of Landlord are subject to allocation among Tenant and other tenants as Operating Expenses, except as otherwise provided in this Article 19 or occupancy as specifically excluded from the definition of Operating Expenses in Article 10. 19.5. This Article 19 relates to repairs and maintenance arising in the ordinary course of operation of the Leased Premises; Building and the Lessee Project and any related facilities. In the event of fire, earthquake, flood, vandalism, war, terrorism, natural disaster or similar cause of damage or destruction, Article 25 shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by or under the Lessee, its employees, agents, or servants, and from any loss or damage arising from any fault or negligence or action on the part of the Lessee, its employees, agents, or servants. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now apply in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation lieu of this covenant shall be an event of default under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this LeaseArticle 19. 5. The Lessee shall not be responsible for any act or practice, which occurred prior to commencement of the initial term of this Lease, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this Lease. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastrophe, in default of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) days.

Appears in 1 contract

Sources: Lease (Avi Biopharma Inc)

Repairs and Maintenance. 118.1. The Lessor Landlord shall repair and maintain in good operating condition the structural and exterior portions and Common Areas of the Building and the Project, including, without limitation, roofing and covering materials, foundations, exterior walls, plumbing and plumbing fixtures, fire sprinkler systems (if any), heating, ventilating, air conditioning, elevators, and electrical systems, unless installed by Tenant (Landlord’s Work, even if paid for by Tenant, shall not be deemed to be “installed by Tenant”). Except as otherwise provided under Article 7, any costs related to the repair or maintenance activities specified in this Section 18.1 shall be included as a part of Operating Expenses, unless such repairs or maintenance is required in whole or in part because of any act, neglect, fault or omissions of Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the cost of such repairs and maintenance. 18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall at all times during the term hereof, faithfully Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in good order and repair the sewer connections, plumbing work, heating and air conditioning apparatus, gas, electric, light and water fixtures and shall pay all costs or expenses necessary for keeping the Leased Premises and the appurtenances thereto in such order condition and repair, damage thereto from ordinary wear and tear excepted. The Lessee shall further be responsible for repairing Tenant shall, upon the expiration or replacing the Regional Skill Center Building including the Leased Premises, that are damaged as a result sooner termination of the Lessee's use or negligence beyond reasonable Term, surrender the Premises to Landlord in as good of a condition as when received, ordinary wear and tear and acts of Godcasualty damage excepted. The Lessee Landlord shall further be responsible for all extraordinary have no obligation to alter, remodel, improve, repair, decorate or routine maintenance paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Leased Premises. The Lessee shall not be responsible for any cost for repairs or maintenance incurred by the Lessor prior to the commencement of the initial term of this Lease. The Lessee shall, at the expiration of the term hereof, surrender the Leased Premises to the Lessor in as good condition and repair as at the commencement of said term, except for reasonable wear and tear and acts of GodWork Letter. 218.3. The Lessee shall not alter, modify or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration of this Lease, belong to the Lessor without compensation to the Lessee. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor Landlord shall not be liable for any damage failure to make any repairs or injury to the Leased Premises perform any maintenance that is an obligation of Landlord unless such failure shall persist for thirty (30) days (or any property therein contained which such shorter time as may be sustained by the Lessee or any other party, whether by reason reasonable in case of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue emergency) after Tenant provides Landlord with written notice of the Lessee's use need of such repairs or occupancy of the Leased Premisesmaintenance; and the Lessee shall indemnify and hold harmless the Lessor from any and all damagesprovided, liabilities and expenses arising out of any improvement, alteration or repair on said building made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by or under the Lessee, its employees, agents, or servants, and from any loss or damage arising from any fault or negligence or action on the part of the Lessee, its employees, agents, or servants. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwisehowever, that would violate any federalif the nature of Landlord’s obligation is such that more than thirty (30) days are required for its performance, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this Lease. 5. The Lessee then Landlord shall not be responsible for any act or practicedeemed to be in default if it commences performance within the thirty (30) day period and thereafter diligently pursues the cure to completion. 18.4. Repairs under this Article 18 that are obligations of Landlord are subject to allocation among Tenant and other tenants as Operating Expenses, which occurred prior except as otherwise provided in this Article 18. 18.5. This Article 18 relates to commencement repairs and maintenance arising in the ordinary course of operation of the initial term Building and the Project and any related facilities. In the event of fire, earthquake, flood, vandalism, war, terrorism, natural disaster or similar cause of damage or destruction, Article 22 shall apply in lieu of this Lease, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this LeaseArticle 18. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastrophe, in default of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) days.

Appears in 1 contract

Sources: Lease (Sonus Pharmaceuticals Inc)

Repairs and Maintenance. 1. The Lessor 18.1 As further detailed on Exhibit J attached hereto and incorporated herein by reference, Landlord shall repair, replace and maintain in accordance with standards for comparable first-class buildings in the Rockville, Maryland area and in accordance with all Applicable Laws (a) the Common Areas, (b) the structural and exterior portions of the Building and the Project, including without limitation roofing and covering materials, foundations and exterior walls (collectively, the “Structural Building improvements”), and (c) upon Tenant’s request for a Turnover pursuant to Article 43, following the Turnover Date, the elevators and the base Building plumbing, fire and life safety, heating, ventilating, air conditioning, electrical, security and mechanical systems (collectively, the “Building System Improvements”). 18.2 As further detailed on Exhibit J attached hereto and incorporated herein by reference, Tenant shall at all times during the term hereof, faithfully Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in good order and repair the sewer connections, plumbing work, heating and air conditioning apparatus, gas, electric, light and water fixtures and shall pay all costs or expenses necessary for keeping the Leased Premises and the appurtenances thereto in such order condition and repair. The Lessee shall further be responsible for repairing or replacing the Regional Skill Center Building including the Leased Premises, that are damaged as a result of the Lessee's use or negligence beyond reasonable damage thereto from ordinary wear and tear excepted, it being understood and acts agreed by Landlord that ordinary wear and tear for purposes of God. The Lessee this Lease shall further be responsible for all extraordinary or routine maintenance mean operation of the Leased PremisesBuilding and the Building systems 24 hours per day, 7 days per week, 365 days per year. The Lessee shall not be responsible for any cost for repairs Tenant shall, upon the expiration or maintenance incurred by the Lessor prior to the commencement sooner termination of the initial term of this Lease. The Lessee shall, at the expiration of the term hereofTerm, surrender the Leased Premises to the Lessor Landlord in as good a condition and repair as at the commencement of said termwhen received, except for reasonable ordinary wear and tear excepted; and acts shall remove all of GodTenant’s personal property listed on Exhibit H attached hereto and incorporated herein by reference (which list may be updated from time to time by ▇▇▇▇▇▇, subject to Landlord’s prior written approval, such approval not to be unreasonably withheld, conditioned or delayed), and repair any damage to the Premises caused thereby. Upon such surrender, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof. 2. The Lessee shall not alter18.3 Except as otherwise set forth herein, modify or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration of this Lease, belong to the Lessor without compensation to the Lessee. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor Landlord shall not be liable for any damage failure to make any repairs or injury to perform any maintenance that is an obligation of Landlord except as set forth in Section 31.14. 18.4 If any excavation shall be made upon land adjacent to the Leased Premises or any property therein contained which may be sustained by the Lessee or any other party, whether by reason of breakage, leakageBuilding, or obstruction 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 water pipesperforming such work as said person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, gas pipeswithout any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease, soil pipes or other leakage in or about the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue provided Tenant’s use of the Lessee's use or occupancy Premises will not be materially and adversely interfered with in connection therewith. 18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Leased Premises; Building and the Lessee Project. In the event of a casualty described in Article 24, Article 24 shall indemnify and hold harmless apply in lieu of this Article. In the Lessor from event of eminent domain, Article 25 shall apply in lieu of this Article. 18.6 Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses, unless such costs are incurred due in whole or in part to any and all damagesact, liabilities and expenses arising out neglect, fault or omissions of any improvement, alteration Tenant or repair on said building made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by or under the Lessee, its employees, agents, contractors or servants, and from any loss or damage arising from any fault or negligence or action on the part of the Lessee, its employees, agents, or servants. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this Lease. 5. The Lessee shall not be responsible for any act or practice, which occurred prior to commencement of the initial term of this Lease, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this Lease. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastropheinvitees, in default which case Tenant shall pay to Landlord the cost of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) dayssuch repairs and maintenance.

Appears in 1 contract

Sources: Lease (Macrogenics Inc)

Repairs and Maintenance. ▇▇▇▇▇▇ has inspected Premises and acknowledges that it is in good condition, free of defects and fit for residential occupancy. Tenant shall promptly notify Landlord of any dangerous condition or need for maintenance existing in Premises or on the Property. Upon receipt of notice from Tenant, Landlord shall, within a reasonable time period thereafter, repair the following: (1) all defects in Premises or Property which create unsafe living conditions or render Premises untenable; and (2) to the extent required by state law, such other defects which, if not corrected, will leave Premises or Property in a state of disrepair. The Lessor Except as provided above, ▇▇▇▇▇▇ agrees to maintain Premises in the neat, sanitary and clean condition free of trash and debris. All of Tenant’s trash shall be kept in designated trash containers and removed from the Premises at all times least once each week. Tenant obligation to maintain the Premises includes, but not limited to, replacing any light bulbs which fail during the term hereof, faithfully maintain Lease Term and keep in good order and repair the sewer connections, plumbing work, heating and air conditioning apparatus, gas, electric, light and water fixtures and regularly changing HVAC filters. Tenant shall pay all costs or expenses necessary for keeping the Leased Premises and the appurtenances thereto in such order and repair. The Lessee shall further be responsible for repairing or replacing any clogged plumbing within the Regional Skill Center Building including the Leased Premises, that are damaged as a result of the Lessee's use or negligence beyond reasonable wear and tear and acts of God. The Lessee Landlord shall further be responsible for all extraordinary other plumbing issues between the Premises and the street or routine maintenance the Premises and the septic tank or in any plumbing line outside of the Leased Premises which exclusively serves the Premises. The Lessee Tenant shall not be responsible for any cost for repairs or maintenance incurred by the Lessor prior damages to the commencement of the initial term of this Lease. The Lessee shall, at the expiration of the term hereof, surrender the Leased Premises to the Lessor in as good condition and repair as at the commencement of said term, except for reasonable wear and tear and acts of God. 2. The Lessee shall not alter, modify or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration of this Lease, belong to the Lessor without compensation to the Lessee. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made and/or Property caused by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor shall not be liable for any damage or injury to the Leased Premises or any property therein contained which may be sustained by the Lessee or any other party, whether by reason of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue of the Lessee's use or occupancy of the Leased Premises; and the Lessee shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by or under the Lessee, its employees, agents, or servants, and from any loss or damage arising from any fault or negligence or action on the part of the Lessee, its employees, agents, or servants. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial ’s abuse or administrative order or at the direction neglect of the Lessor in its sole discretionPremises/Property. This covenant shall survive termination Any expenses incurred by Landlord to remedy any violations of this Lease. 5. The Lessee provision shall not be responsible for any act or practice, which occurred prior paid by Tenant to commencement Landlord as additional rent within fourteen (14) days of the initial term receipt of this Lease, that would violate any federal, state an invoice from Landlord. If Tenant submits a service request or local laws, regulations or guidelines applicable repair request to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility forLandlord, and will indemnify the Lessee with respect tocontractor responding to this request on behalf of Landlord determines that the item is working correctly, ▇▇▇▇▇▇ agrees to reimburse Landlord for the complete clean-up of any condition on amount for the Leased Premises prior to the commencement of the initial term of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this Leasecontractor’s invoice. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastrophe, in default of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) days.

Appears in 1 contract

Sources: Lease for Residential Property

Repairs and Maintenance. 1. The Lessor Section 7.01 Except as otherwise provided in this Article, Tenant, at its sole cost and expense, shall at all times during maintain each of the term hereofDemised Properties and each part thereof, faithfully maintain structural and keep non-structural, in good order order, condition and repair repair, including all areas outside of any buildings (including all sidewalks, driveways, landscaping, trash enclosures, and trash compacting and loading areas on the sewer connectionsDemised Properties), plumbing workand including any roof on any buildings, heating in a neat and air conditioning apparatusclean condition, gas, electric, light and water fixtures and shall pay all costs or expenses take such reasonable actions necessary for keeping the Leased Premises preservation and safety thereof. Landlord shall have no duty whatsoever to maintain, replace, upgrade, or repair any portion of the appurtenances thereto Demised Properties, including any structural items, roof or roofing materials. In connection with Tenant’s obligations under this Section 7.01, Landlord hereby assigns to Tenant (to the extent assignable), without recourse or warranty whatsoever, all assignable warranties, guaranties, indemnities and similar rights (collectively, “Warranties”) which Landlord may have against any manufacturer, seller, engineer, contractor or builder in such order respect of any of the Demised Premises. Landlord shall use commercially reasonable efforts to assist Tenant in the enforcement of the Warranties and repair. The Lessee shall further be responsible for repairing any other warranties, guaranties, indemnities and similar rights which Landlord may have against any manufacturer, seller, engineer, contractor or replacing builder in respect of any of the Regional Skill Center Building including the Leased Demised Premises, that are damaged as a result of the Lessee's use or negligence beyond reasonable wear and tear and acts of Godin each case, in accordance with their respective terms. The Lessee Such assignment shall further be responsible for all extraordinary or routine maintenance of the Leased Premises. The Lessee shall not be responsible for any cost for repairs or maintenance incurred by the Lessor prior to the commencement of the initial term of this Lease. The Lessee shall, at remain in effect until the expiration of the term hereof, surrender the Leased Premises to the Lessor in as good condition and repair as at the commencement of said term, except for reasonable wear and tear and acts of God. 2. The Lessee shall not alter, modify or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration earlier termination of this Lease, belong whereupon such assignment shall cease and all of the Warranties shall automatically revert to the Lessor without compensation to the LesseeLandlord. The Lessee will not permit In confirmation of such reversion Tenant shall execute and deliver promptly -10- A&R MASTER LAND AND BUILDING LEASE ACTIVE 230595713 any mechanics certificate or other liens document reasonably required by Landlord. Landlord shall also retain the right to be established or remain against enforce any Warranties upon the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessoroccurrence of an Event of Default. 3. The Lessor shall not be liable for any damage or injury Section 7.02 Promptly following the Commencement Date, Tenant covenants to take such reasonable actions and efforts to complete, at Tenant’s sole cost and expense, during the Leased Premises or any property therein contained which may be sustained by the Lessee or any other party, whether by reason of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue first (1st) year of the Lessee's use or occupancy of the Leased Premises; and the Lessee shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by or under the Lessee, its employees, agents, or servants, and from any loss or damage arising from any fault or negligence or action on the part of the Lessee, its employees, agents, or servants. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect toLease Term, the complete clean-up of any condition recommended repairs listed on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this LeaseSchedule 7.02 attached hereto and made a part hereof. 5. The Lessee shall not be responsible for any act or practice, which occurred prior to commencement of the initial term of this Lease, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this Lease. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastrophe, in default of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) days.

Appears in 1 contract

Sources: Master Land and Building Lease (Forterra, Inc.)

Repairs and Maintenance. 1. The Lessor Except as otherwise provided in this Article, Tenant, at its sole cost and expense, shall at all times during maintain each of the term hereofDemised Properties and each part thereof, faithfully maintain structural and keep non-structural, in good order and repair the sewer connectionsorder, plumbing work, heating and air conditioning apparatus, gas, electric, light and water fixtures and shall pay all costs or expenses necessary for keeping the Leased Premises and the appurtenances thereto in such order condition and repair, including all areas outside of any buildings (including all sidewalks, driveways, landscaping, trash enclosures, and trash compacting and loading areas on the Demised Properties), and including any roof on any buildings, in a neat and clean condition, and ensuring that debris from the operation of each convenience food store and/or retail automobile fuel station or other Permitted Use on the Demised Properties is cleaned and removed on a regular basis) and, subject to the terms and conditions of Article 6, shall make any necessary Repairs thereto, interior and exterior, whether extraordinary, foreseen or unforeseen, but subject to Article 11 and Article 12. The Lessee Without limitation, (a) no Repairs shall further be responsible for repairing result in any structural damage to any Demised Properties or replacing any injury to any persons, (b) Tenant shall ensure that the Regional Skill Center Building including quality of materials and workmanship of any Repairs meets or exceeds the Leased Premises, that are damaged as a result quality of materials and workmanship of the Lessee's use or negligence beyond reasonable wear and tear and acts of God. The Lessee shall further be responsible for all extraordinary or routine maintenance of the Leased Premises. The Lessee shall not be responsible for any cost for repairs or maintenance incurred by the Lessor Improvements prior to the commencement need for such Repairs; (c) all Repairs shall fully comply with applicable Law, the requirements of any covenants, conditions, restrictions or other permitted encumbrances that are of record regarding the applicable Demised Property, and any applicable repair standards and requirements promulgated by Tenant for its (or its subsidiaries’ or Affiliates’ or franchisees’) properties or by Tenant’s franchisor (if applicable). Landlord shall have no duty whatsoever to maintain, replace, upgrade, or repair any portion of the initial term Demised Properties, including any structural items, roof or roofing materials, or any aboveground or underground 1. [***] Indicates material that has been omitted and for which confidential treatment has been requested. All such omitted material has been filed with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities and Exchange Act of this Lease1934, as amended. The Lessee shallstorage tanks, and Tenant hereby expressly waives the right to make Repairs at the expiration expense of Landlord, which right may be provided for in any applicable Law now or hereinafter in effect. In addition to Landlord’s rights under Section 15.02, if Tenant fails or neglects to commence and diligently proceed with all Repairs or fulfill its other obligations as set forth above within thirty (30) days after receipt of written notice of the term hereof, surrender the Leased Premises to the Lessor in as good condition and repair as at the commencement of said term, except for reasonable wear and tear and acts of God. 2. The Lessee shall not alter, modify or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration of this Lease, belong to the Lessor without compensation to the Lessee. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor shall not be liable for any damage or injury to the Leased Premises or any property therein contained which may be sustained by the Lessee need therefor from Landlord or any other party, whether by reason of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes Person describing the applicable Repair or other leakage in obligation, then Landlord or about its agents may enter the Leased Premises, Demised Properties for the purpose of making such Repairs or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue of the Lessee's use or occupancy of the Leased Premises; and the Lessee fulfilling those obligations. Tenant shall indemnify and hold harmless the Lessor from any and pay to Landlord all damages, liabilities costs and expenses arising out incurred by Landlord as a consequence of any improvement, alteration or repair on said building made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by or under the Lessee, its employees, agents, or servants, and from any loss or damage arising from any fault or negligence or action on the part of the Lessee, its employees, agents, or servantssuch Landlord’s actions. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this Lease. 5. The Lessee shall not be responsible for any act or practice, which occurred prior to commencement of the initial term of this Lease, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this Lease. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastrophe, in default of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) days.

Appears in 1 contract

Sources: Master Land and Building Lease (Getty Realty Corp /Md/)

Repairs and Maintenance. 1. The (i) Lessor: Lessor shall at comply with all times during applicable building and housing codes affecting health and safety, and repair, maintain, and otherwise keep the term hereof, faithfully maintain Premises in a fit and habitable condition. Lessor shall keep in good order repair all structural components of the building and repair the sewer connections, plumbing work, heating and air conditioning apparatus, gas, electric, light and water fixtures and shall pay all costs or expenses necessary for keeping the Leased Premises and the appurtenances thereto in such order and repair. The Lessee shall further be responsible for repairing or replacing the Regional Skill Center Building grounds including the Leased Premisesroof, that are damaged as a result exterior and interior walls, floors and ceilings of the Lessee's use or negligence beyond reasonable wear and tear and acts of GodPremises. The Lessee Lessor shall further be responsible for keep in good repair all extraordinary or routine maintenance of the Leased Premises’ operating systems, including but not limited to electrical, heating, ventilation, sanitary, and plumbing systems (including the supply of hot and cold water). The Lessee shall not be responsible for If Lessor fails to comply with the above requirements of this paragraph, Tenant terminate this Lease immediately or may provide written notice of its intent to self-perform any cost for specified repairs or maintenance incurred (including a reasonable deadline for Lessor to cure all outstanding issues). If ▇▇▇▇▇▇ refuses to cure all outstanding issues by the Lessor prior to the commencement written deadline, Tenant may terminate this lease immediately or may self-perform any specified repairs or maintenance, and deduct Tenant's itemized costs of the initial term specified repairs or maintenance from any future rent payments or any of Tenant’s other future payment obligations under this Lease. The Lessee shallTenant's self-performance of any specified repairs or maintenance, at including the expiration deduction from future rent payments, shall not permit Lessor to terminate this Lease without other good-faith reasons for termination. Lessor shall make any repairs it deems necessary to the structure of the term hereof, surrender the Leased Premises to the Lessor in as good condition and repair as at the commencement of said termPremises, except for reasonable wear and tear and acts of God. 2. The Lessee shall not alter, modify or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) repairs made or placed in or upon the Leased Premises shall, upon expiration of this Lease, belong to the Lessor without compensation to the Lessee. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made necessary by the Lessee. The Lessor will not permit any mechanics action or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor shall not be liable for any damage or injury to the Leased Premises or any property therein contained which may be sustained by the Lessee or any other party, whether by reason inaction of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue of the Lessee's use or occupancy of the Leased Premises; and the Lessee shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by or under the LesseeTenant, its employees, agents, customers or servantsinvitees. Lessor shall maintain and make necessary repairs to wiring, mains, pipes, conduits and other means of distributing services, including utility services such as electricity, gas, water, and from any loss sewer, in and through the Premises, provided that such maintenance or damage arising from any fault or negligence or action on repair was not necessitated by the part acts of the LesseeTenant, its Tenant's employees, agents, guests, invitees or servants. 4customers, but specifically including within Lessor's obligation such maintenance or repairs as are necessitated by reasonable wear and tear, and provided that such maintenance or repair shall not interfere with Tenant's possession of the Premises or operation of Tenant's business. The Lessee will Notwithstanding the foregoing or any other provision of this Lease, it is expressly understood and agreed that Lessor shall not causebe liable to Tenant for any loss of business or other loss or damage caused by the damage or destruction of the Premises, including without limitation any damage resulting from failures of the structure, utilities, wiring, piping, or permit other infrastructure, fixtures or improvements on the Premises, which are not knowingly caused or permitted by Lessor. Tenant shall be responsible for obtaining sufficient (ii) Tenant: Tenant, at its own expense, shall repair any damage or injuries caused by Tenant, its customers, members, invitees, agents or employees, with the exception of reasonable wear and tear from Tenant’s use of the property for government business. Tenant agrees that it will, at its expense, repair any damage caused to be causedthe Premises by reason of the removal of its trade fixtures, equipment and other personal property. Tenant may also undertake, at its own expense, any act other types of minor repair or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable minor maintenance to the Leased PremisesPremises that do not exceed $1,000.00 in total cost(s), now in effect or hereafter enacted, relating upon reasonable notice to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of and ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order or ’s written consent. If at the direction conclusion of this Lease or any extension thereof, Lessor is of the opinion that Tenant is not leaving the Premises in the same condition as it was received, reasonable normal wear and tear excepted, then Lessor and Tenant shall attempt to confer in its sole discretiongood faith to agree in any costs incurred by ▇▇▇▇▇▇, prior to either party seeking any other remedies under this Lease. This covenant Tenant shall survive termination make all repairs to the interior Premises, including: (1) changing the heating filters which is recommended every 30-60 days; and (2) systems inside the Premises as may be necessary to keep the same in as good a condition as when received, normal wear and tear accepted, other than repairs which Lessor undertakes to perform under applicable provisions of Section 7 of this Lease. 5. The Lessee shall not be responsible for any act or practice, which occurred prior to commencement of the initial term of this Lease, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this Lease. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastrophe, in default of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) days.

Appears in 1 contract

Sources: Real Property Lease

Repairs and Maintenance. 1. The Lessor a) Tenant shall, throughout the Term and at Tenant's sole cost and expense, keep and maintain the Premises in a neat and orderly condition; and, upon expiration of the Term, Tenant shall at all times during leave the term hereof, faithfully maintain and keep Premises in good order and repair condition, ordinary wear and tear, damage by fire or other casualty and repairs and improvements which are the sewer connections, plumbing work, heating and air conditioning apparatus, gas, electric, light and water fixtures and shall pay all costs or expenses necessary for keeping the Leased Premises and the appurtenances thereto in such order and repair. The Lessee shall further be responsible for repairing or replacing the Regional Skill Center Building including the Leased Premises, that are damaged as a result responsibility of the Lessee's use or negligence beyond reasonable wear Landlord alone excepted, and tear for that purpose and acts of God. The Lessee shall further be responsible for except as stated, Tenant will make all extraordinary or routine maintenance of the Leased Premises. The Lessee shall not be responsible for any cost for necessary repairs or maintenance incurred by the Lessor prior and replacements to the commencement Premises not otherwise the responsibility of the initial term of this LeaseLandlord hereunder. The Lessee shall, at the expiration of the term hereof, surrender the Leased Premises to the Lessor in as good condition and repair as at the commencement of said term, except for reasonable wear and tear and acts of God. 2. The Lessee Tenant shall not alter, modify or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration of this Lease, belong to the Lessor without compensation to the Lessee. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additionswaste, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor shall not be liable for any damage or injury to the Leased Premises Premises. Tenant shall not use or permit the use of any property therein contained which may be sustained portion of the Common Facilities for other than their intended use as specified by the Lessee or any Landlord from time to time. b) Landlord shall, throughout the Term, make all necessary repairs and replacements to the mechanical, electrical, HVAC, plumbing and other party, whether by reason of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about systems serving the Leased Premises, or the condition of any buildings thereonroof, or any part thereof, or from any other cause arising by virtue the exterior elements and structural elements of the LesseePremises, the parking areas, and all other improvements located on the Property in a reasonably prompt fashion; provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair. Landlord shall keep and maintain all Common Facilities and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt and rubbish and snow and ice, and shall keep and maintain all landscaped areas within the Property in a neat and orderly condition. Landlord's obligations under this Section 8(b) shall be undertaken and prosecuted in a manner consistent with other class A suburban office buildings in the greater Philadelphia metropolitan area. c) Notwithstanding the foregoing, except as expressly provided in Section 7(b), repairs and replacements to the Premises and the Property arising out of or caused by Tenant's use, manner of use or occupancy of the Leased Premises; Premises (other than normal wear and tear), by Tenant's installation of alterations, additions, improvements, trade fixtures or equipment in or upon the Lessee shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration Premises or repair on said building made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by or under the Lessee, its employees, agents, or servants, and from any loss or damage arising from any fault or negligence or action on the part of the Lessee, its employees, agents, or servants. 4. The Lessee will not cause, or permit to be caused, any act or practiceomission of Tenant or any employee, by negligenceagent, omission contractor or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition invitee of hazardous substances. Any violation of this covenant Tenant shall be an event of default under this Lease. The Lessee assumes made at Tenant's sole responsibility for, cost and will indemnify expense and Tenant shall pay Landlord the Lessor with respect to, the complete clean-up actual cost of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environmentsuch repair or replacement, whether such clean-up is pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this Leaseas Additional Rent, upon demand. 5. The Lessee shall not be responsible for any act or practice, which occurred prior to commencement of the initial term of this Lease, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this Lease. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastrophe, in default of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) days.

Appears in 1 contract

Sources: Office Space Lease (Cdnow N2k Inc)

Repairs and Maintenance. 1. The Lessor By taking possession of the Premises, Tenant shall at all times during be deemed to have accepted the term hereof, faithfully maintain and keep Premises as being in good order and repair the sewer connectionssanitary order, plumbing work, heating and air conditioning apparatus, gas, electric, light and water fixtures and shall pay all costs or expenses necessary for keeping the Leased Premises and the appurtenances thereto in such order condition and repair. The Lessee Tenant shall further be responsible at Tenant's cost, keep the premises and every part thereof in good condition and repair except for repairing damages from causes beyond the control of Tenant and ordinary wear and tear. Tenant shall upon the expiration or replacing sooner termination of this Lease surrender the Regional Skill Center Building including Premises to the Leased PremisesLandlord in good condition, that are damaged as a result of the Lessee's use or negligence beyond reasonable ordinary wear and tear and acts of God. The Lessee shall further be responsible for all extraordinary or routine maintenance damage from causes beyond the reasonable control of the Leased PremisesTenant excepted. The Lessee shall not be responsible for any cost for repairs or maintenance incurred by the Lessor prior Unless specifically provided in an addendum to the commencement of the initial term of this Lease. The Lessee shall, at the expiration of the term hereof, surrender the Leased Premises to the Lessor in as good condition and repair as at the commencement of said term, except for reasonable wear and tear and acts of God. 2. The Lessee shall not alter, modify or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration of this Lease, belong Landlord shall have no obligation to alter, remodel, improve repair, decorate or paint the Lessor without compensation Premises or any part thereof and the parties hereto affirm that Landlords has made no representations to Tenant respecting the Lesseecondition of the premises or the building except as specifically herein set forth. The Lessee will not permit any mechanics Notwithstanding the above provisions, Landlord shall repair and maintain the structural portions of the building, including the standard plumbing, air conditioning, heating and electrical systems furnished by Landlord, unless such maintenance and repairs are caused in part or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made whole by the Lessee. The Lessor will not permit act, neglect, fault or omission of any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made duty by the LesseeTenant, its agents, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. The Lessor will not permit Tenant shall give Landlord written notice of any mechanics required repairs or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3maintenance. The Lessor Landlord shall not be liable for any damage failure to repair or injury to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the Leased Premises responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent or any property therein contained which may be sustained by the Lessee or any other party, whether liability of Landlord by reason of breakageany injury to or interference with Tenant's business arising from the making of any repairs, leakage, alterations or obstruction improvements to any portion of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, building or the condition of Premises or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any buildings thereonlaw, statute or any part thereof, or from any other cause arising by virtue of the Lessee's use or occupancy of the Leased Premises; and the Lessee shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by or under the Lessee, its employees, agents, or servants, and from any loss or damage arising from any fault or negligence or action on the part of the Lessee, its employees, agents, or servants. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, ordinance now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this Lease. 5. The Lessee shall not be responsible for any act or practice, which occurred prior to commencement of the initial term of this Lease, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this Lease. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastrophe, in default of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) days.

Appears in 1 contract

Sources: Lease Agreement (Infodata Systems Inc)

Repairs and Maintenance. 1. The Lessor By taking possession of the Premises, the Lessee shall at all times during be deemed to have accepted the term hereof, faithfully maintain and keep Premises as being in good order and repair the sewer connectionssanitary order, plumbing work, heating and air conditioning apparatus, gas, electric, light and water fixtures and shall pay all costs or expenses necessary for keeping the Leased Premises and the appurtenances thereto in such order condition and repair. The Lessee shall further be responsible for repairing or replacing the Regional Skill Center Building including the Leased Premises, that are damaged as a result of at the Lessee's use or negligence cost, keep the Premises and every part of it in good condition and repair except for damages beyond reasonable the control of the Lessee and ordinary wear and tear and acts of Godtear. The Lessee shall further be responsible for all extraordinary upon the expiration or routine maintenance of the Leased Premises. The Lessee shall not be responsible for any cost for repairs or maintenance incurred by the Lessor prior to the commencement of the initial term sooner termination of this Lease. The Lessee shall, at the expiration of the term hereof, lease surrender the Leased Premises to the Lessor in as good condition and repair as at the commencement of said termcondition, except for reasonable ordinary wear and tear and acts damage from causes beyond the reasonable control of God. 2the Lessee excepted. Unless specifically provided in an addendum to this lease, the Lessor shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part of it and the parties here, affirm that the Lessor has made no representations to the Lessee respecting the condition of the Premises and the building except as specifically stated in this Agreement. Despite the above provisions, the Lessor shall repair and maintain or cause to be repaired and maintained the structural portions of the building, including the standard plumbing, air conditioning, heating and electrical systems furnished by the Lessor, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Lessee, its agents, employees or invitees, in which case the Lessee shall pay to the Lessor the reasonable cost of such maintenance and repairs. The Lessee shall not alter, modify or improve the Leased Premises without receiving the prior written consent of give the Lessor and written notice of any such alterations, additions, improvements and fixtures (except trade fixtures) made required repairs or placed in or upon the Leased Premises shall, upon expiration of this Lease, belong to the Lessor without compensation to the Lessee. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3maintenance. The Lessor shall not be liable for any damage failure to repair or injury to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for the Leased Premises or any property therein contained which may Lessee's special needs are the responsibility of the Lessee. Lessee shall maintain a maintenance agreement with a qualified HVAC contractor for regular maintenance (at least on an annual basis) of the heating and cooling systems. Except as specifically stated in this Agreement, there shall be sustained by no abatement of rent and no liability of the Lessee or any other party, whether Lessor by reason of breakage, leakage, any injury to or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue of the Lessee's use or occupancy of the Leased Premises; and the Lessee shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by or under the Lessee, its employees, agents, or servants, and from any loss or damage arising from any fault or negligence or action on the part of the Lessee, its employees, agents, or servants. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor interference with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this Lease. 5. The Lessee shall not be responsible for any act or practice, which occurred prior to commencement of the initial term of this Lease, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this Lease. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business thereinarising from making of any repairs, alterations or improvements to any portion of the Lessor may elect building or the Premises or to restore or rebuild fixtures, appurtenances and equipment. The Lessee waives the Leased Premises right to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be make repairs at the Lessor's expense and shall be completed within sixty (60) days from said catastropheunder any law, during which time this Lease shall remain statute or ordinance now or hereafter in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastrophe, in default of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) days.

Appears in 1 contract

Sources: Commercial Lease (Manchester Equipment Co Inc)

Repairs and Maintenance. 119.1 Landlord shall repair and maintain in good condition and repair the Buildings and the Common Areas, including, without limitation, grounds, roofing and covering materials, foundations, exterior walls, plumbing, fire sprinkler systems (if any), heating, ventilating, air conditioning, elevators, and electrical systems. The Lessor Notwithstanding anything to the contrary in this Lease, Landlord shall have no responsibility to maintain or repair any vivarium(s) or data center(s). Tenant shall have sole responsibility to maintain and repair any vivarium(s) and data center(s). Landlord shall maintain the Common Areas in accordance with its property maintenance protocols as established from time to time in accordance with Landlord’s reasonable determinations of appropriate property maintenance protocols. Upon Tenant’s request, Landlord shall explain such protocols and consider Tenant’s comments. Any actual out-of-pocket costs related to the repair or maintenance activities specified in this Section 19.1 shall be included as a part of Operating Expenses subject to the CAM Pools, except Tenant shall pay for such repairs and maintenance to the extent that such repairs and maintenance are: (i) required in whole or in part because of any negligent act, neglect, fault or omissions of Tenant (where there is a duty to act), its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the cost of such repairs and maintenance; and (ii) not paid out of insurance proceeds. Landlord shall perform all work and have its contractors perform all work in accordance with Applicable Laws. 19.2 Except for services of Landlord, if any, required by Section 19.1 and elsewhere in this Lease, Tenant shall at all times during the term hereof, faithfully Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in good order and repair the sewer connections, plumbing work, heating and air conditioning apparatus, gas, electric, light and water fixtures and shall pay all costs or expenses necessary for keeping the Leased Premises and the appurtenances thereto in such order condition and repair, damage thereto from ordinary wear and tear, insured casualty and permitted alterations excepted. The Lessee shall further be responsible for repairing Tenant shall, upon the expiration or replacing the Regional Skill Center Building including the Leased Premises, that are damaged as a result sooner termination of the Lessee's use or negligence beyond reasonable Term, surrender the Premises to Landlord in as good of a condition as when received, ordinary wear and tear and acts of Godinsured casualty excepted. The Lessee Landlord shall further be responsible for all extraordinary have no obligation to alter, remodel, improve, repair, decorate or routine maintenance paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Leased Premises. The Lessee shall not be responsible for any cost for repairs or maintenance incurred by the Lessor prior to the commencement of the initial term of Work Letter and this Lease. The Lessee shall, at the expiration of the term hereof, surrender the Leased Premises to the Lessor in as good condition and repair as at the commencement of said term, except for reasonable wear and tear and acts of God. 2. The Lessee shall not alter, modify or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration of this Lease, belong to the Lessor without compensation to the Lessee. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor 19.3 Landlord shall not be liable for any damage failure to make any repairs or injury to perform any maintenance that is an obligation of Landlord unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. Subject to the Leased Premises or any property therein contained which may be sustained by the Lessee or any other party, whether by reason of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue of the Lessee's use or occupancy of the Leased Premises; and the Lessee shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by or under the Lessee, its employees, agents, or servants, and from any loss or damage arising from any fault or negligence or action on the part of the Lessee, its employees, agents, or servants. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this Lease. 5. The Lessee shall not be responsible for any act or practice, which occurred prior to commencement of the initial term terms of this Lease, that would violate any federal, state Tenant waives its rights under Applicable Laws now or local laws, regulations or guidelines applicable to the Leased Premises, now hereafter in effect or hereafter enactedto make repairs at Landlord’s expense. Notwithstanding the foregoing, relating if Landlord fails to environmental protection or commence to make any necessary repair in any Building of which Tenant is the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up tenant (other than completion of any condition on the Leased Premises prior to the commencement Punchlist Item or repair of the initial term of any Defect in Landlord’s Work, which is governed by Section 4.5), that is Landlord’s obligation under this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this Lease. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted 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 happening 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. 19.4 Repairs under this Article 19 that are obligations of Landlord, including amounts paid by Landlord pursuant to Section 19.3, are subject to allocation among Tenant and other tenants as Operating Expenses to the extent they are included in the definition thereof, except as otherwise provided in this Article 19. 19.5 This Article 19 relates to repairs and maintenance arising in the ordinary course of operation of the catastropheBuildings and the Project and any related facilities. In the event of fire, earthquake, flood, vandalism, war, terrorism, natural disaster or similar cause of damage or destruction, Article 23 shall apply in default lieu of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) daysArticle 19.

Appears in 1 contract

Sources: Lease Agreement (Acorda Therapeutics Inc)

Repairs and Maintenance. 1By taking possession of the Premises, Lessee shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. The Except as set forth in the following subparagraphs, Lessee shall, at Lessee's sole cost and expense, maintain the Premises in good, clean and safe condition and repair. Except as provided in an addendum to this Lease, if any, Lessor shall at all times during have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the term hereof, faithfully maintain and keep in good order and repair the sewer connections, plumbing work, heating and air conditioning apparatus, gas, electric, light and water fixtures and shall pay all costs or expenses necessary for keeping the Leased Premises and the appurtenances thereto in such order parties hereto affirm that Lessor has made no representation to Lessee respecting the condition of the Premises or the Building except as specifically set forth herein. There shall be no abatement of Rent and no liability of Lessor by reason of any injury to or interference with Lessee's business arising from the making of any repair. The Lessee shall further be responsible for repairing , alteration or replacing improvement to the Regional Skill Center Building including the Leased Premises, that are damaged as a result the Building or the Park. Lessee waives the provisions of SS 1941 and 1942 of the California Civil Code, and any similar or successor law regarding Lessee's use or negligence beyond reasonable wear right to make repairs and tear and acts deduct the expenses of Godsuch repairs from the Rent due under this Lease. The Lessee Lessor shall further be responsible for all extraordinary structural repairs to the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or routine maintenance furnished by Lessor and shall maintain the roof, sidewalls, and foundations of the Leased Premises. The Lessee Building in good, clean and safe condition and repair, Lessor shall not be responsible for any cost for repairs or maintenance incurred by the Lessor prior to the commencement also maintain all landscaping, driveways, parking lots, fences, signs, sidewalks and other exterior Common Areas of the initial term of this LeasePark. The Lessee shall, at the expiration of the term hereof, surrender the Leased Premises to the Lessor in as good condition and repair as at the commencement of said term, except for reasonable wear and tear and acts of God. 2. The Lessee shall not alter, modify or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration of this Lease, belong to the Lessor without compensation to the Lessee. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor shall not be liable for any damage failure to make any such repairs or injury to the Leased Premises or perform any property therein contained which may be sustained by the Lessee or any other party, whether by reason of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue maintenance unless such failure shall persist for an unreasonable time after written notice of the Lessee's use need for such repairs or occupancy of the Leased Premises; and the Lessee shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by or under the Lessee, its employees, agents, or servants, and from any loss or damage arising from any fault or negligence or action on the part of the Lessee, its employees, agents, or servantsmaintenance. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this Lease. 5. The Lessee shall not be responsible for any act or practice, which occurred prior to commencement of the initial term of this Lease, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this Lease. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastrophe, in default of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) days.

Appears in 1 contract

Sources: Lease (Business Objects Sa)

Repairs and Maintenance. 118.1. The Lessor Landlord shall repair and maintain the structural and exterior portions and Common Areas of the Building and the Project, including roofing and covering materials; foundations; exterior walls; plumbing; fire sprinkler systems (if any); heating, ventilating, air conditioning systems; elevators; and electrical systems installed or furnished by Landlord. 18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall at all times during the term hereof, faithfully Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in good order and repair the sewer connections, plumbing work, heating and air conditioning apparatus, gas, electric, light and water fixtures and shall pay all costs or expenses necessary for keeping the Leased Premises and the appurtenances thereto in such order condition and repair. The Lessee shall further be responsible for repairing or replacing the Regional Skill Center Building including the Leased Premises, that are damaged as a result of the Lessee's use or negligence beyond reasonable damage thereto from ordinary wear and tear and acts of Godexcepted. The Lessee shall further be responsible for all extraordinary Tenant shall, upon the expiration or routine maintenance sooner termination of the Leased Premises. The Lessee shall not be responsible for any cost for repairs or maintenance incurred by Term, surrender the Lessor prior Premises to the commencement of the initial term of this Lease. The Lessee Landlord in as good a condition as when received, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the expiration of the term hereofPremises, surrender the Leased Premises and repair any damage to the Lessor in as good condition and repair as at the commencement of said term, except for reasonable wear and tear and acts of God. 2Premises caused thereby. The Lessee Landlord shall not have no obligation to alter, modify remodel, improve, repair, decorate or improve paint the Leased Premises without receiving the prior written consent of the Lessor and or any such alterationspart thereof, additions, improvements and fixtures (except trade fixtures) made or placed other than as described in or upon the Leased Premises shall, upon expiration of this Lease, belong to the Lessor without compensation to the LesseeExhibit B. 18.3. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor Landlord shall not be liable for any damage failure to make any repairs or injury to the Leased Premises or perform any property therein contained which may be sustained by the Lessee or any other party, whether by reason of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the Lessee's use need of such repairs or occupancy of the Leased Premises; and the Lessee maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.4. If any excavation shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building be made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by upon land adjacent to or under the Lessee, its employees, agentsBuilding, or servantsshall 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 any loss injury or damage arising from and to support the same by proper foundations, without any fault claim for damages or negligence liability against Landlord and without reducing or action on the part of the Lessee, its employees, agents, or servants. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default otherwise affecting Tenant’s obligations under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this Lease. 518.5. The Lessee shall not be responsible for any act or practice, which occurred prior This Article relates to commencement repairs and maintenance arising in the ordinary course of operation of the initial term Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this LeaseArticle. In the event of eminent domain, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now Article 25 shall apply in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term lieu of this Lease which may adversely affect the environment, whether such clean-up is Article. 18.6. Costs incurred by Landlord pursuant to judicial or administrative order. This covenant this Article shall survive the termination of this Leaseconstitute Operating Expenses. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastrophe, in default of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) days.

Appears in 1 contract

Sources: Lease (CymaBay Therapeutics, Inc.)

Repairs and Maintenance. 118.1. The Lessor Landlord shall at all times during the term hereof, faithfully repair and maintain and keep in good order and repair the sewer connections, plumbing work, heating and air conditioning apparatus, gas, electric, light and water fixtures and shall pay all costs or expenses necessary for keeping the Leased Premises and the appurtenances thereto in such order and repair. The Lessee shall further be responsible for repairing or replacing the Regional Skill Center Building including the Leased Premises, that are damaged as a result of the Lessee's use or negligence beyond reasonable wear and tear and acts of God. The Lessee shall further be responsible for all extraordinary or routine maintenance of the Leased Premises. The Lessee shall not be responsible for any cost for repairs or maintenance incurred by the Lessor prior to the commencement of the initial term of this Lease. The Lessee shall, at the expiration of the term hereof, surrender the Leased Premises to the Lessor in as good condition and repair as the structural and exterior portions and Common Area of the Building and the Project, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); the chiller(s) located on the roof of the Building which do not exclusively serve the Premises or any other tenant’s premises; elevators; and base Building electrical systems installed or furnished by Landlord. 18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep the commencement of said termPremises (including but not limited to the HVAC systems serving the Premises (other than the chiller(s) to be maintained by Landlord pursuant to Section 18.1 above), except for reasonable any supplemental HVAC serving the Premises, and any other systems or equipment exclusively serving the Premises) and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted, and acts shall, within ten (10) days after receipt of God. 2written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. The Lessee shall not alter, modify or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises Tenant shall, upon the expiration or sooner termination of this Leasethe Term, belong surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted, and with the Tenant Improvements in as good a 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, and repair any damage to the Lessor without compensation 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 Lessee. The Lessee will not permit any mechanics or other liens to be established or remain against terms and provisions of the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the LessorWork Letter. 318.3. The Lessor Landlord shall not be liable for any damage failure to make any repairs or injury to the Leased Premises or perform any property therein contained which may be sustained by the Lessee or any other party, whether by reason of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the Lessee's use need of such repairs or occupancy of the Leased Premises; and the Lessee maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.4. If any excavation shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building be made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by upon land adjacent to or under the Lessee, its employees, agentsBuilding, or servantsshall 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 any loss injury or damage arising from and to support the same by proper foundations, without any fault claim for damages or negligence liability against Landlord and without reducing or action on the part of the Lessee, its employees, agents, or servants. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default otherwise affecting Tenant’s obligations under this Lease. The Lessee assumes sole responsibility forLandlord will use commercially reasonable efforts to minimize any disruption to Tenant’s business operations due to work performed in accordance with this Section. 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, and will indemnify Article 24 shall apply in lieu of this Article. In the Lessor with respect toevent of eminent domain, the complete clean-up Article 25 shall apply in lieu of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is this Article. 18.6. Costs incurred by Landlord pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant this Article shall survive termination of this Lease. 5. The Lessee shall not be responsible for any act or practice, which occurred prior to commencement of the initial term of this Lease, that would violate any federal, state or local laws, regulations or guidelines applicable constitute Operating Expenses to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this Leaseextent permitted by Section 9.1. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastrophe, in default of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) days.

Appears in 1 contract

Sources: Lease (Protagonist Therapeutics, Inc)

Repairs and Maintenance. 18.01. The Lessor shall Except as expressly provided in Section 6.03 and except as set forth in Section 8.03, Tenant shall, at all times during its own cost and expense (unless and to the term hereofextent necessitated by acts or omissions of Landlord occurring after the Commencement Date), faithfully (i) keep and maintain and keep the Property in good order at least the same condition and repair as received as of the sewer connectionsCommencement Date, (ii) keep the Property in at least as safe a condition as received as of the Commencement Date, (iii) cause the Property to be in compliance with all laws and requirements of the National Board of Fire Underwriters, as described in Article 11, (iv) provide safeguards and security to protect the Property in a manner consistent with the practices in place immediately prior to the Commencement Date, and (v) make all necessary repairs and replacements to the Property, whether structural or non-structural, including, but not limited to the roofs and structures of the buildings, the pipes, water, sewage and septic system, heating system, plumbing worksystem, heating window glass, fixtures, and air conditioning apparatusall other appliances and their appurtenances and all equipment and personal property used in connection with the Property so that the Property is in at least the same condition as when received by Tenant, gas, electric, light and water fixtures and shall pay all costs or expenses necessary for keeping the Leased Premises and the appurtenances thereto in such order and repair. The Lessee shall further be responsible for repairing or replacing the Regional Skill Center Building including the Leased Premises, that are damaged as a result of the Lessee's use or negligence beyond reasonable wear and tear and acts of Goddamage by fully insured casualty or condemnation excepted. The Lessee shall further be responsible for all extraordinary or routine maintenance Upon the failure of the Leased Premises. The Lessee Tenant in making such repairs or replacements, Landlord may notify Tenant in writing and if Tenant fails to correct such failure within thirty (30) days after receipt of Landlord's notice, Landlord may, but shall not be responsible required to, make such repairs and replacements for the Tenant's account, and the expense thereof, plus a fee equal to fifteen percent (15%) of the cost of such repairs or replacements, shall constitute and be collectible as Additional Rent; provided, however, in the event of an emergency Landlord shall have the right to perform such repair or maintenance prior to the expiration of such thirty (30) day notice period. Tenant shall maintain at its sole cost and expense all portions of the Property in a clean and orderly condition, free of dirt, rubbish, snow, ice and unlawful obstruction as consistent with past practices preceding the Commencement Date. No less frequently than each fifth anniversary of the Commencement Date and in the last year of the term, Tenant shall repair and decorate the Property, both internally and externally, to maintain its appearance in at least as good condition as existed as of the Commencement Date, except that Tenant shall not be obligated to decorate those buildings listed on Exhibit 8.03 attached hereto. Tenant shall be obligated to obtain the prior written approval of Landlord for any cost decorations which differ in color or type from the present color or type of decoration of the Property. Tenant's liability to reimburse Landlord for repairs or replacements it performs under this Agreement shall be only to the extent the work and the cost of the work shall be reasonable and no greater than that which would be appropriate for similar properties similarly situated in the local geographic region. 8.02. Notwithstanding anything to the contrary contained herein, Landlord, at all times shall be responsible and liable for all maintenance incurred or repair of any portion of the Property to the extent the necessity for such maintenance or repairs results from the acts or omissions of Landlord or any person acting through, by or for Landlord and occurring after the Lessor Commencement Date. 8.03. Tenant shall, at its own cost and expense (unless and to the extent necessitated by acts or omissions of Landlord occurring after the Commencement Date) with respect to the Improvements listed on Exhibit 8.03, (i) keep the Property in at least as safe a condition as received as is required to avoid risk of injury to persons and damage to property,(ii) cause the Property to be in compliance with all laws and requirements of the National Board of Fire Underwriters, as described in Article 11, and (iii) make all necessary repairs and replacements to the Property, whether structural or non-structural so that the Property does not deteriorate to a state of waste, blight, or liability. Upon the failure of the Tenant in making such repairs or replacements, Landlord may notify Tenant in writing and if Tenant fails to correct such failure within thirty (30) days after receipt of Landlord's notice, Landlord may, but shall not be required to, make such repairs and replacements for the Tenant's account, and the expense thereof, plus a fee equal to fifteen percent (15%) of the cost of such repairs or replacements, shall constitute and be collectible as Additional Rent; provided, however, in the event of an emergency Landlord shall have the right to perform such repair or maintenance prior to the commencement expiration of such thirty (30) day notice period. Tenant shall have the right to demolish those buildings indicated for demolition on Exhibit 8.03 attached hereto, provided that Tenant shall provide three months' written notice of its intention to exercise such right. In the event of demolition of any of the initial term buildings listed on Exhibit 8.03 attached hereto, Tenant shall remove all rubble and debris and shall level and compact the ground to a condition equivalent to the ground surrounding the area of demolition. Tenant's liability to reimburse Landlord for repairs or replacements it performs under this Lease. The Lessee shall, at Agreement shall be only to the expiration extent the work and the cost of the term hereof, surrender the Leased Premises to the Lessor in as good condition and repair as at the commencement of said term, except for reasonable wear and tear and acts of God. 2. The Lessee shall not alter, modify or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration of this Lease, belong to the Lessor without compensation to the Lessee. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor shall not be liable for any damage or injury to the Leased Premises or any property therein contained which may be sustained by the Lessee or any other party, whether by reason of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue of the Lessee's use or occupancy of the Leased Premises; and the Lessee shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by or under the Lessee, its employees, agents, or servants, and from any loss or damage arising from any fault or negligence or action on the part of the Lessee, its employees, agents, or servants. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant work shall be an event of default under this Lease. The Lessee assumes sole responsibility for, reasonable and will indemnify no greater than that which would be appropriate for similar properties similarly situated in the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this Leaselocal geographic region. 5. The Lessee shall not be responsible for any act or practice, which occurred prior to commencement of the initial term of this Lease, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this Lease. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastrophe, in default of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) days.

Appears in 1 contract

Sources: Lease Agreement (Life Sciences Research Inc)

Repairs and Maintenance. 1. The (i) Lessor: Lessor shall at comply with all times during the term hereofapplicable building and housing codes affecting health and safety, faithfully maintain and keep in good order and repair the sewer connections, plumbing work, heating and air conditioning apparatus, gas, electric, light and water fixtures and shall pay all costs or expenses necessary for keeping the Leased Premises and the appurtenances thereto in such order and repair, maintain, and otherwise keep the Premises in a fit and habitable condition. The Lessee Tenant shall further be responsible for repairing minor maintenance and good repair, meaning repairs up to $1,000.00 in costs per repair or replacing incident, for all of the Regional Skill Center Building Premises’ operating systems, including but not limited to electrical, heating, ventilation, sanitary, and plumbing systems (including the Leased Premises, that are damaged as a result supply of the Lessee's use or negligence beyond reasonable wear hot and tear and acts of Godcold water). The Lessee Lessor shall further be responsible for major maintenance, meaning repairs equal to or exceeding $1,000.00 in costs per repair or incident, for all extraordinary or routine maintenance of the Leased Premises’ operating systems, including but not limited to electrical, heating, ventilation, sanitary, and plumbing systems (including the supply of hot and cold water). The Lessee shall not be responsible for If ▇▇▇▇▇▇ refuses to cure all outstanding issues by the written deadline, Tenant may terminate this lease immediately or may self-perform any cost for specified repairs or maintenance, and deduct Tenant's itemized costs of specified repairs or maintenance incurred by the Lessor prior to the commencement from any future rent payments or any of the initial term of Tenant’s other future payment obligations under this Lease. The Lessee shallTenant's self- performance of any specified repairs or maintenance, at including the expiration deduction from future rent payments, shall not permit Lessor to terminate this Lease without other good-faith reasons for termination. Lessor shall make any repairs it deems necessary to the structure of the term hereof, surrender the Leased Premises to the Lessor in as good condition and repair as at the commencement of said termPremises, except for reasonable wear and tear and acts of God. 2. The Lessee shall not alter, modify or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) repairs made or placed in or upon the Leased Premises shall, upon expiration of this Lease, belong to the Lessor without compensation to the Lessee. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made necessary by the Lessee. The Lessor will not permit any mechanics action or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor shall not be liable for any damage or injury to the Leased Premises or any property therein contained which may be sustained by the Lessee or any other party, whether by reason inaction of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue of the Lessee's use or occupancy of the Leased Premises; and the Lessee shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by or under the LesseeTenant, its employees, agents, customers or servantsinvitees. Lessor shall maintain and make necessary repairs to wiring, mains, pipes, conduits and other means of distributing services, including utility services such as electricity, gas, water, and from any loss or damage arising from any fault or negligence or action on sewer, in and through the part of the Lessee, its employees, agents, or servants. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect provided that such maintenance or hereafter enactedrepair was not necessitated by the acts of Tenant, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which 's (ii) Tenant: Tenant, at its own expense, shall repair any damage or injuries caused by Tenant, its customers, members, invitees, agents or employees, with the exception of reasonable wear and tear from Tenant’s use of the property for government business. Tenant agrees that it will, at its expense, repair any damage caused to the Premises by reason of the removal of its trade fixtures, equipment and other personal property. Tenant may adversely affect also undertake, at its own expense, any other types of minor repair or minor maintenance to the environmentPremises that do not exceed $1,000.00 in total cost(s), whether such clean-up is pursuant upon reasonable notice to judicial or administrative order or the Lessor and ▇▇▇▇▇▇’s written consent. If at the direction conclusion of this Lease or any extension thereof, Lessor is of the opinion that Tenant is not leaving the Premises in the same condition as it was received, reasonable normal wear and tear excepted, then Lessor and Tenant shall attempt to confer in its sole discretiongood faith to agree in any costs incurred by ▇▇▇▇▇▇, prior to either party seeking any other remedies under this Lease. This covenant Tenant shall survive termination make all repairs to the interior Premises, including: (1) changing the heating filters which is recommended every 30-60 days; and (2) systems inside the Premises as may be necessary to keep the same in as good a condition as when received, normal wear and tear accepted, other than repairs which Lessor undertakes to perform under applicable provisions of Section 7 of this Lease. 5. The Lessee shall not be responsible for any act or practice, which occurred prior to commencement of the initial term of this Lease, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this Lease. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastrophe, in default of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) days.

Appears in 1 contract

Sources: Real Property Lease

Repairs and Maintenance. 1Section 10.01 - Lessee's Duty to Repair and Maintain. The Lessor shall Lessee, at its own cost and expense at all times during the term hereofTerm and all Renewal Terms, faithfully agrees to (i) keep and maintain and keep in good order and repair the sewer connections, plumbing work, heating and air conditioning apparatus, gas, electric, light and water fixtures and shall pay all costs or expenses necessary for keeping improvements on the Leased Premises and the appurtenances thereto in such order a good state of appearance and repair, reasonable wear and tear excepted, and (ii) modify any improvements on the Leased Premises if necessary to cause the Leased Premises to conform with all laws applicable thereto, including without limitation the Americans with Disabilities Act (the "ADA"). The All maintenance and repairs required by this section must be performed promptly and so as not to cause depreciation in the value of the Leased Premises or its improvements. Section 10.02 - Mechanics' Liens. Lessee shall further not suffer or permit any mechanics' liens or other liens to be responsible for repairing filed against the fee of the Leased Premises nor against Lessee's leasehold interest in the land nor any Improvements on the Leased Premises by reason of any work, labor, services, or replacing materials supplied or claimed to have been supplied to Lessee or to anyone holding the Regional Skill Center Building including Leased Premises or any part thereof through or under Lessee. If any such mechanics' liens or materialmen's liens shall be recorded against the Leased Premises, that are damaged as a result or any Improvements thereon, Lessee shall promptly notify Lessor in writing of the Lessee's use existence of same, and shall either cause the same to be removed or negligence beyond reasonable wear and tear and acts of God. The Lessee purchase a bond reasonably acceptable to Lessor against which such lien shall further be responsible for all extraordinary or routine maintenance attach in lieu of the Leased Premises. The If Lessee shall not in good faith desires to contest the same, Lessee may do so, but in such case Lessee hereby agrees to indemnify and save Lessor harmless from all liability for damages occasioned thereby and shall, in the event of a judgment of foreclosure on said mechanics' lien, cause the same to be responsible for any cost for repairs or maintenance incurred by the Lessor discharged and removed prior to the commencement execution of the initial term of this Lease. The Lessee shall, at the expiration of the term hereof, surrender the Leased Premises to the Lessor in as good condition and repair as at the commencement of said term, except for reasonable wear and tear and acts of Godsuch judgment. 2. The Lessee shall not alter, modify or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration of this Lease, belong to the Lessor without compensation to the Lessee. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor shall not be liable for any damage or injury to the Leased Premises or any property therein contained which may be sustained by the Lessee or any other party, whether by reason of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue of the Lessee's use or occupancy of the Leased Premises; and the Lessee shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by or under the Lessee, its employees, agents, or servants, and from any loss or damage arising from any fault or negligence or action on the part of the Lessee, its employees, agents, or servants. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this Lease. 5. The Lessee shall not be responsible for any act or practice, which occurred prior to commencement of the initial term of this Lease, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this Lease. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastrophe, in default of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) days.

Appears in 1 contract

Sources: Lease and Development Agreement (First Wave Marine Inc)

Repairs and Maintenance. 1Subtenant shall maintain the Premises in a clean, safe, operable, and good condition, and shall not permit or allow to remain any waste or damage to any portion of the Premises. The Lessor At Subtenant’s expense, Subtenant shall at make all times during repairs and replacements, as and when needed to preserve the term hereof, faithfully maintain and keep Premises in good working order and repair condition, including without limitation the sewer connections, plumbing work, heating Base Building Systems located within the Premises. Subtenant shall keep and air conditioning apparatus, gas, electric, light and water fixtures and shall pay all costs or expenses necessary for keeping the Leased Premises and the appurtenances thereto maintain Subtenant’s Property in such good working order and repaircondition. The Lessee shall further be responsible for repairing or replacing the Regional Skill Center Building including the Leased Premises, that are damaged as a result of the Lessee's use or negligence beyond reasonable wear and tear and acts of God. The Lessee shall further be responsible for all extraordinary or routine maintenance of the Leased Premises. The Lessee Subtenant shall not be responsible for required to make any cost for structural repairs or maintenance incurred by the Lessor prior structural replacements to the commencement of the initial term of this Lease. The Lessee shall, at the expiration of the term hereof, surrender the Leased Premises Premises; provided however that if any such structural repairs or replacements to the Lessor in as good condition and repair as at the commencement of said term, except for reasonable wear and tear and acts of God. 2. The Lessee shall not alter, modify or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration of this Lease, belong to the Lessor without compensation to the Lessee. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor shall not be liable for any damage or injury to the Leased Premises or any property therein contained which may be sustained by the Lessee or any other party, whether by reason of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, or if any repairs or replacements to the condition Common Areas shall be necessitated or caused by the acts, omissions or negligence of Subtenant or any buildings thereonof Subtenant’s Representatives, or any part thereof, by the use or from any other cause arising by virtue occupancy or manner of the Lessee's use or occupancy of the Leased Premises; and the Lessee Premises by Subtenant or Subtenant’s Representatives, then Sublandlord shall indemnify and hold harmless the Lessor make such repairs or replacements within a reasonable time after notice from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building made by the LesseeSubtenant, and from any Subtenant shall reimburse Sublandlord for the cost of same as Additional Rent. Subtenant shall repair or replace, subject to Sublandlord’s direction and everything whatsoever arising from or out of occupancy by or under the Lessee, its employees, agents, or servants, and from any loss or damage arising from any fault or negligence or action on the part of the Lessee, its employees, agents, or servants. 4. The Lessee will not cause, or permit to be causedsupervision, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable damage to the Leased Premises, now in effect Building caused by a Subtenant’s Representative. If Subtenant fails to make such repairs or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this Lease. 5. The Lessee shall not be responsible for any act or practice, which occurred prior to commencement of the initial term of this Lease, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this Lease. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted replacements within fifteen (15) days from after the happening occurrence of such damage, then Sublandlord may make the same at Subtenant’s cost. If any such damage occurs outside of the catastrophePremises, in default then Sublandlord may elect to repair such damage at Subtenant’s expense, rather than having Subtenant repair such damage. The cost of which electionall maintenance, the Lessee may cancel repair, or replacement work performed by Sublandlord under this Lease effective at the expiration of said fifteen section shall be paid by Subtenant to Sublandlord within twenty (1520) daysdays after Sublandlord has invoiced Subtenant therefor.

Appears in 1 contract

Sources: Sublease (Synacor, Inc.)

Repairs and Maintenance. 1. The A. Subject to provisions of paragraph 15, Lessor shall keep and maintain in good order, condition and repair the structural elements of the Premises including the roof, roof membrane, paving, floor slab, foundation, exterior walls, landscaping, irrigation and elevators. Lessor shall make such repairs, replacements, alterations or improvements as Lessor deems reasonably necessary with respect to such structural elements and Lessee shall pay to Lessor, within ten (10) business days of Lessor's invoice to Lessee therefor, Lessee's pro-rata share of such repairs, replacements, alterations or improvements; provided, however, that replacement and improvement costs shall be amortized over the useful life of such replacements or improvements, and Lessee shall be obligated to pay, as additional rent, only the amount which coincides with the remaining term of the Lease. Notwithstanding the foregoing, if the reason for any repair, replacement, alteration or improvement is caused by Lessee or arises because of a breach of Lessee's obligations under this Lease, then Lessee shall pay 100% of the costs or expense to remedy the same. B. Except as expressly provided in Subparagraph A above, Lessee shall, at its sole cost, keep and maintain the 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, have in effect a service contract for the maintenance of the heating, ventilating, and air-conditioning (HVAC) equipment with an HVAC repair and maintenance contractor approved by Lessor which provides for periodic inspection and servicing at least once every three (3) months during the term hereof, faithfully maintain and keep in good order and repair the sewer connections, plumbing work, heating and air conditioning apparatus, gas, electric, light and water fixtures and shall pay all costs or expenses necessary for keeping the Leased Premises and the appurtenances thereto in such order and repair. The Lessee shall further be responsible provide Lessor with a copy of such contract and all periodic service reports. Should Lessee fail to maintain the Premises or make repairs required of Lessee hereunder forthwith upon notice from Lessor, Lessor, in addition to all other remedies available hereunder or by law, and without waiving any alternative remedies, may make the same, and in that event, Lessee shall reimburse Lessor as additional rent for repairing the cost of such maintenance or replacing repairs on the Regional Skill Center Building including next date upon which rent becomes due. Lessee hereby expressly waives the Leased Premisesprovision of Subsection 1 of Section 1932, that are damaged as a result and Sections 1941 and 1942 of the Lessee's use or negligence beyond reasonable wear Civil Code of California and tear and acts of God. The Lessee shall further be responsible for all extraordinary or routine maintenance of the Leased Premises. The Lessee shall not be responsible for any cost for rights to make repairs or maintenance incurred by the Lessor prior to the commencement of the initial term of this Lease. The Lessee shall, at the expiration expense of the term hereofLessor, surrender the Leased Premises to the Lessor as provided in as good condition and repair as at the commencement Section 942 of said term, except for reasonable wear and tear and acts of GodCivil Code. 2. The Lessee shall not alter, modify or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration of this Lease, belong to the Lessor without compensation to the Lessee. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor shall not be liable for any damage or injury to the Leased Premises or any property therein contained which may be sustained by the Lessee or any other party, whether by reason of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue of the Lessee's use or occupancy of the Leased Premises; and the Lessee shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by or under the Lessee, its employees, agents, or servants, and from any loss or damage arising from any fault or negligence or action on the part of the Lessee, its employees, agents, or servants. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this Lease. 5. The Lessee shall not be responsible for any act or practice, which occurred prior to commencement of the initial term of this Lease, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this Lease. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastrophe, in default of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) days.

Appears in 1 contract

Sources: Sublease (McAfee Associates Inc)

Repairs and Maintenance. 119.1 Landlord shall repair and maintain in good condition and repair the Buildings and the Common Areas, including, without limitation, grounds, roofing and covering materials, foundations, exterior walls, plumbing, fire sprinkler systems (if any), heating, ventilating, air conditioning, elevators, and electrical systems. The Lessor 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 the vivarium(s) and data center(s). Landlord shall conduct its repair and maintenance activities for the Premises substantially in accordance with Exhibit T. 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 act, neglect, fault or omissions of Tenant (where there is a duty to act), its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the cost of such repairs and maintenance; and (ii) not paid out of insurance proceeds. Landlord shall perform all work and have its contractors perform all work in accordance with Applicable Laws. 19.2 Except for services of Landlord, if any, required by Section 19.1 and elsewhere in this Lease, Tenant shall at all times during the term hereof, faithfully Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in good order and repair the sewer connections, plumbing work, heating and air conditioning apparatus, gas, electric, light and water fixtures and shall pay all costs or expenses necessary for keeping the Leased Premises and the appurtenances thereto in such order condition and repair, damage thereto from ordinary wear and tear, insured casualty and permitted alterations excepted. The Lessee shall further be responsible for repairing Tenant shall, upon the expiration or replacing the Regional Skill Center Building including the Leased Premises, that are damaged as a result sooner termination of the Lessee's use or negligence beyond reasonable Term, surrender the Premises to Landlord in as good of a condition as when received, ordinary wear and tear and acts of Godinsured casualty excepted. The Lessee Landlord shall further be responsible for all extraordinary have no obligation to alter, remodel, improve, repair, decorate or routine maintenance paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Leased Premises. The Lessee shall not be responsible for any cost for repairs or maintenance incurred by the Lessor prior to the commencement of the initial term of Work Letter and this Lease. The Lessee shall, at the expiration of the term hereof, surrender the Leased Premises to the Lessor in as good condition and repair as at the commencement of said term, except for reasonable wear and tear and acts of God. 2. The Lessee shall not alter, modify or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration of this Lease, belong to the Lessor without compensation to the Lessee. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor 19.3 Landlord shall not be liable for any damage failure to make any repairs or injury to perform any maintenance that is an obligation of Landlord unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. Subject to the Leased Premises or any property therein contained which may be sustained by the Lessee or any other party, whether by reason of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue of the Lessee's use or occupancy of the Leased Premises; and the Lessee shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by or under the Lessee, its employees, agents, or servants, and from any loss or damage arising from any fault or negligence or action on the part of the Lessee, its employees, agents, or servants. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this Lease. 5. The Lessee shall not be responsible for any act or practice, which occurred prior to commencement of the initial term terms of this Lease, that would violate any federal, state Tenant waives its rights under Applicable Laws now or local laws, regulations or guidelines applicable to the Leased Premises, now hereafter in effect or hereafter enactedto make repairs at Landlord’s expense. Notwithstanding the foregoing, relating if Landlord fails to environmental protection or make any necessary repair in any New Building of which Tenant is the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up tenant (other than completion of any condition on the Leased Premises prior to the commencement Punchlist Item or repair of the initial term of any Defect in Landlord’s Work, which is governed by Section 4.5), that is Landlord’s obligation under this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this Lease. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days after Tenant has reported to Landlord the need for such repair and does not 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 happening 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 New 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. 19.4 Repairs under this Article 19 that are obligations of Landlord are subject to allocation among Tenant and other tenants as Operating Expenses to the extent they are included in the definition thereof, except as otherwise provided in this Article 19. 19.5 This Article 19 relates to repairs and maintenance arising in the ordinary course of operation of the catastropheBuildings and the Entire Project and any related facilities. In the event of fire, earthquake, flood, vandalism, war, terrorism, natural disaster or similar cause of damage or destruction, Article 23 shall apply in default lieu of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) daysArticle 19.

Appears in 1 contract

Sources: Lease (Regeneron Pharmaceuticals Inc)

Repairs and Maintenance. 1. The Lessor Tenant shall at perform ordinary repairs and maintenance on the interior of the Premises, including all times plumbing, wiring, piping, fixtures, doors, and mechanical equipment (HVAC, etc.) in good and substantial repair during the term hereofof this Lease, faithfully maintain or any extension thereof, and keep shall replace all glass in good order windows and repair doors damaged or broken during the sewer connectionsterm of the Lease; such agreements of Tenant, plumbing workhowever, shall not apply to any damage caused by fire or other casualties which are covered by standard fire and extended coverage insurance. Tenant agrees to make such repairs promptly as they shall be needed and at its own expense. Landlord shall have no obligations to make repairs to premises, other than roof and structural repairs. Landlord shall provide tenant with a one year warranty on the HVAC systems effective at Lease Commencement. Tenant shall at their own cost and expense, agree to enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor approved by Landlord, for servicing all heating and air conditioning apparatus, gas, electric, light systems and water fixtures and shall pay all costs or expenses necessary for keeping equipment servicing the Leased Premises and an executed copy of such contract shall be delivered to Landlord. This service contract must include all services suggested by the appurtenances thereto in such order equipment manufacturer within the operations/maintenance manual and repair. The Lessee shall further be responsible for repairing or replacing the Regional Skill Center Building including the Leased Premises, that are damaged as a result must become effective within thirty (30) days of the Lessee's use or negligence beyond reasonable wear and tear and acts of God. The Lessee shall further be responsible for all extraordinary or routine maintenance date you take possession of the Leased Premises. The Lessee Landlord may (but shall not be responsible for any cost for repairs or maintenance incurred by the Lessor prior to the commencement of the initial term of this Lease. The Lessee shall, at the expiration of the term hereof, surrender the Leased Premises to the Lessor in as good condition and repair as at the commencement of said term, except for reasonable wear and tear and acts of God. 2. The Lessee shall not alter, modify or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shallrequired to), upon expiration of this Leasenotice to Tenant, belong elect to enter into such a maintenance service contract on your behalf or perform the Lessor without compensation to work itself and, in either case, charge you therefore, together with a reasonable charge for overhead, provided in no event shall charges be greater than customary charges for similar services in the Lesseearea. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor shall not be liable for any damage or injury to the Leased Premises or any property therein contained which may be sustained by the Lessee or any other party, whether by reason of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue of the Lessee's use or occupancy of the Leased Premises; and the Lessee shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by or under the Lessee, its employees, agents, or servants, and from any loss or damage arising from any fault or negligence or action on the part of the Lessee, its employees, agents, or servants. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant ▇▇ agrees to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this Lease. 5. The Lessee shall not be responsible pay any and all expenses above $5,000 per year for any act or practice, which occurred prior to commencement of the initial term of this Lease, that would violate any federal, state or local laws, regulations or guidelines applicable major repairs to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this LeaseHVAC sytem. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastrophe, in default of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) days.

Appears in 1 contract

Sources: Commercial Lease

Repairs and Maintenance. 1. The Lessor 18.1 Subject to the limitations set forth in Section 16.9, Landlord shall repair and maintain the structural and exterior portions and Common Area of the Building and the Project, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler and life safety systems (if any); base Building HVAC systems up to the first damper or isolation valve that serves the Premises (for purposes of clarity, 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); the Acid Neutralization Tank and associated monitoring system; elevators; and base Building electrical systems. 18.2 Except for services of Landlord, if any, required by Section 18.1, Tenant shall at all times during the term hereof, faithfully Tenant’s sole cost and expense maintain and keep the Premises (including but not limited to the portion of the HVAC system that includes such first damper or isolation valve and extends into and through the Premises and any supplemental HVAC serving the Premises, including but not limited to any supplemental HVAC serving Tenant’s vivarium), and every part thereof in good order and repair the sewer connections, plumbing work, heating and air conditioning apparatus, gas, electric, light and water fixtures and shall pay all costs or expenses necessary for keeping the Leased Premises and the appurtenances thereto in such order condition and repair. The Lessee shall further be responsible for repairing or replacing the Regional Skill Center Building including the Leased Premises, that are damaged as a result of the Lessee's use or negligence beyond reasonable damage thereto from ordinary wear and tear excepted, and acts shall, within ten (10) business days after receipt of Godwritten notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests to the extent within Tenant’s possession or control or otherwise reasonably attainable by Tenant (during the Term, Tenant shall use diligent and good faith efforts to ensure that all such records are within Tenant’s possession or control or otherwise reasonably attainable by Tenant). The Lessee shall further be responsible for all extraordinary Tenant shall, upon the expiration or routine maintenance sooner termination of the Leased Premises. The Lessee shall not be responsible for any cost for repairs or maintenance incurred Term, surrender the Premises to Landlord in as good a condition as existed when the Tenant Improvements are finally completed by Landlord, ordinary wear and tear excepted, and with respect to Alterations, in substantially the Lessor prior to same condition as existed on the commencement of the initial term of this Lease. The Lessee date such Alterations are substantially completed by Tenant, ordinary wear and tear excepted; and Tenant shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the expiration 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 term hereof, surrender the Leased Premises to the Lessor in as good condition and repair as at the commencement of said term, except for reasonable wear and tear and acts of GodWork Letter or Section 4.1. 2. The Lessee shall not alter, modify or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration of this Lease, belong to the Lessor without compensation to the Lessee. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor 18.3 Landlord shall not be liable for any damage failure to make any repairs or injury to the Leased Premises or perform any property therein contained which may be sustained by the Lessee or any other party, whether by reason of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the Lessee's use need of such repairs or occupancy of the Leased Premises; maintenance and the Lessee Landlord is not diligently pursuing such repair(s). Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.4 If any excavation shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building be made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by upon land adjacent to or under the Lessee, its employees, agentsBuilding, or servantsshall be authorized to be made, Tenant shall afford, upon forty-eight (48) hours’ prior notice to Tenant (other than in the event of an emergency, when no prior notice shall be required), to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from any loss injury or damage arising from and to support the same by proper foundations, without any fault claim for damages or negligence liability against Landlord and without reducing or action on the part of the Lessee, its employees, agents, or servants. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default otherwise affecting Tenant’s obligations under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this Lease. 5. The Lessee shall not be responsible for any act or practice, which occurred prior 18.5 This Article relates to commencement repairs and maintenance arising in the ordinary course of operation of the initial term Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this LeaseArticle. In the event of eminent domain, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now Article 25 shall apply in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term lieu of this Lease which may adversely affect the environment, whether such clean-up is Article. 18.6 Costs incurred by Landlord pursuant to judicial or administrative order. This covenant this Article shall survive the termination of this Leaseconstitute Operating Expenses. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastrophe, in default of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) days.

Appears in 1 contract

Sources: Lease (Gritstone Oncology, Inc.)

Repairs and Maintenance. 1. The Lessor shall at all times during At the term sole cost and expense of Tenant and throughout the terms hereof, faithfully Tenant shall keep and maintain and keep the Leased Premises in good order order, condition and repair, in a clean, sanitary and safe condition in accordance with the laws of the State in which the Leased Premises are located, and in accordance with all directions,, rules and regulations of the health officer, fire marshall, building inspector, or any other proper officer of the ▇▇▇▇▇▇mental agencies having jurisdiction over the Leased Premises. Without limiting the foregoing, Tenant shall be responsible for maintenance, repair and replacement as needed of all electrical, plumbing, ventilating and utility systems located on the sewer connectionsLeased Premises (including the HVAC Facilities), plumbing workall windows, heating window fittings and air conditioning apparatussashes, gasand interior and exterior doors, electricall fixtures within the Leased Premises, light all interior walls, floors and ceilings, water fixtures heaters, termite and pest extermination, all of Tenant's improvements and trade fixtures. Tenant shall pay keep and maintain the Leased Premises in accordance with all costs or expenses necessary for keeping requirements of law concerning the manner, usage and condition of the Leased Premises and appurtenances thereto, as the appurtenances thereto same shall be in such order and repaireffect from time to time. The Lessee Tenant shall further be responsible for repairing or replacing the Regional Skill Center Building including the Leased Premisespermit no waste, that are damaged as a result of the Lessee's use or negligence beyond reasonable wear and tear and acts of God. The Lessee shall further be responsible for all extraordinary or routine maintenance of the Leased Premises. The Lessee shall not be responsible for any cost for repairs or maintenance incurred by the Lessor prior to the commencement of the initial term of this Lease. The Lessee shall, at the expiration of the term hereof, surrender the Leased Premises to the Lessor in as good condition and repair as at the commencement of said term, except for reasonable wear and tear and acts of God. 2. The Lessee shall not alter, modify or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration of this Lease, belong to the Lessor without compensation to the Lessee. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor shall not be liable for any damage or injury to the Leased Premises or Premises. If at any property therein contained which may be sustained by the Lessee or any other party, whether by reason of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue of the Lessee's use or occupancy of the Leased Premises; and the Lessee shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building made by the Lessee, time and from time to time during the term hereof Tenant shall fail to make any maintenance, repairs or replacements in and everything whatsoever arising from or out of occupancy by or under the Lessee, its employees, agents, or servants, and from any loss or damage arising from any fault or negligence or action on the part of the Lessee, its employees, agents, or servants. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now Premises as required in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default under this Lease. The Lessee assumes sole responsibility for, and will indemnify Landlord shall have the Lessor with respect toright, but not the complete clean-up of any condition on obligation, to 'enter the Leased Premises arising out and to make the same for and on behalf of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this Lease. 5. The Lessee shall not be responsible for any act or practice, which occurred prior to commencement of the initial term of this Lease, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility forTenant, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this Lease. 6. Should the Leased Premises be damaged or destroyed all sums so expended by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor Landlord shall be at the Lessor's expense deemed to be additional rent hereunder and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not payable to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party Landlord upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastrophe, in default of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) daysdemand.

Appears in 1 contract

Sources: Employment Agreement (Piedmont Bancorp Inc)

Repairs and Maintenance. 1. The Lessor 18.1 Landlord shall repair and maintain the structural and exterior portions and Common Area of the Building and the Project, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); base Building HVAC systems (for purposes of clarity, any supplemental HVAC serving the Premises and Tenant equipment 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 all times during the term hereof, faithfully Tenant’s sole cost and expense maintain and keep the Premises (including any supplemental HVAC serving the Premises, and any other Tenant systems or equipment exclusively serving the Premises) and every part thereof in good order and repair the sewer connections, plumbing work, heating and air conditioning apparatus, gas, electric, light and water fixtures and shall pay all costs or expenses necessary for keeping the Leased Premises and the appurtenances thereto in such order condition and repair, damage thereto from ordinary wear and tear or from casualty and condemnation 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. The Lessee shall further be responsible for repairing Tenant shall, upon the expiration or replacing the Regional Skill Center Building including the Leased Premises, that are damaged as a result sooner termination of the Lessee's use or negligence beyond reasonable Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear and acts of God. The Lessee shall further be responsible for all extraordinary or routine maintenance of the Leased Premises. The Lessee shall not be responsible for any cost for repairs or maintenance incurred damage by the Lessor prior casualty and condemnation excepted (subject to the commencement terms of Sections 24 and 25 below) and with the initial term of this Lease. The Lessee Tenant 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 expiration of the term hereofPremises (with respect to wiring, surrender the Leased Premises only to the Lessor in extent installed by a Tenant Party (as good condition defined below)), and repair as at any damage to the commencement of said termPremises caused thereby. Landlord shall have no obligation to alter, except for reasonable wear and tear and acts of Godremodel, improve, repair, decorate or paint the Premises or any part thereof. 2. The Lessee shall not alter, modify or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration of this Lease, belong to the Lessor without compensation to the Lessee. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor 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, subject to the exclusions set forth in Section 9.1(c). 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 Leased 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 any property therein contained which may be sustained by the Lessee intentional misconduct of Landlord or any other partyits agents, whether by reason of breakage, leakagecontractors or employees, or obstruction if the work performed by Tenant to remedy such interruption of water pipes, gas pipes, soil pipes or other leakage in or about services to the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue of the Lessee's use or occupancy of the Leased Premises; and the Lessee shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by or Premises is not Tenant’s sole responsibility under the Lessee, its employees, agents, or servants, terms and from any loss or damage arising from any fault or negligence or action on the part of the Lessee, its employees, agents, or servants. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this Lease. 5. The Lessee shall not be responsible for any act or practice, which occurred prior to commencement of the initial term conditions of this Lease, that would violate any federal, state or local laws, regulations or guidelines applicable then Landlord agrees to reimburse Tenant for the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition reasonable cost of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term of this Lease which may adversely affect the environment, whether such clean-up is work performed by Tenant pursuant to judicial or administrative order. This covenant shall survive the termination of this Lease. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed Section within sixty thirty (6030) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastrophe, in default of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) daysinvoice.

Appears in 1 contract

Sources: Lease (Silverback Therapeutics, Inc.)

Repairs and Maintenance. 1. The Lessor 18.1 Landlord shall repair and maintain the Building and Project, including the structural and exterior portions and Common Areas of the Building and Project, and including roofing and covering materials, the plumbing, fire sprinkler system (if any), water, sewer, heating, ventilating, air conditioning, elevator, and electrical and all mechanical and utility systems, installed or furnished by Landlord in a first-class condition, and to comply with applicable laws. 18.2 Except for services of Landlord, if any, required by Section 18.1, Tenant shall at all times Tenant's sole cost and expense keep the Premises in good condition and repair, damage thereto from causes beyond the reasonable control of Tenant and ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of the term hereof surrender the Premises to Landlord in the same condition as when received, ordinary wear and tear damage from causes beyond the reasonable control of Tenant excepted. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof during the term hereof, faithfully or any extended term of the Lease. Landlord shall also maintain and keep in good order and repair the sewer connections, plumbing work, heating and air conditioning apparatus, gas, electric, light and water fixtures and shall pay all costs or expenses necessary for keeping the Leased Premises and the appurtenances thereto in such order and repair. The Lessee shall further be responsible for repairing or replacing the Regional Skill Center Building including the Leased Premises, that are damaged as a result of the Lessee's use or negligence beyond reasonable wear and tear and acts of God. The Lessee shall further be responsible for all extraordinary or routine maintenance of the Leased Premises. The Lessee shall not be responsible for any cost for repairs or maintenance incurred by the Lessor prior damage to the commencement Premises caused by Landlord or its agents or employees' negligence, fault or breach of the initial term of this Lease. The Lessee shall, at the expiration of the term hereof, surrender the Leased Premises to the Lessor in as good condition and repair as at the commencement of said term, except for reasonable wear and tear and acts of Godduty. 2. The Lessee shall not alter, modify or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration of this Lease, belong to the Lessor without compensation to the Lessee. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor 18.3 Landlord shall not be liable for any damage failure to make any repairs or injury to perform any maintenance which is an obligation of Landlord unless such failure shall persist for an unreasonable time after written notice of the Leased Premises need of such repairs or any property therein contained which may maintenance is given to Landlord by Tenant. Except as provided in Articles entitled, "Damage or Destruction" and "Eminent Domain" or as otherwise provided in this Lease, there shall be sustained by the Lessee or any other party, whether no abatement of rent and no liability of Landlord by reason of breakageany injury to or interference with Tenant's business arising from the making of any repairs, leakagealterations or improvements in or to any portion of the Building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives the rights under Section 1941 and 1942 of the California Civil Code or under any law, statute or ordinance now or hereafter in effect to make repairs at Landlord's expense. 18.4 Repairs and maintenance under this Article 18 which are obligations of Landlord are subject to allocation among tenants as Operating Expenses. However, if the repairs or maintenance are required in whole or in part because of any neglect, fault of or omissions of any duty by Tenant, its agents or employees, and the cost of such maintenance and repair is not covered by insurance maintained by Landlord, Tenant shall pay to Landlord the entire cost of such maintenance and repairs, not just its Pro Rata Share. 18.5 This Article 18 relates to repairs and maintenance arising in ordinary course of operation of the Building and any related facilities. In the event of fire, earthquake, flood, vandalism, war, or obstruction similar cause of water pipes, gas pipes, soil pipes damage or other leakage in or about the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue of the Lessee's use or occupancy of the Leased Premises; and the Lessee shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by or under the Lessee, its employees, agents, or servants, and from any loss or damage arising from any fault or negligence or action on the part of the Lessee, its employees, agents, or servants. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of destruction this covenant shall be an event of default under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this Lease. 5. The Lessee Article 18 shall not be responsible for any act applicable and the provisions of Article 22 entitled "Damage or practice, which occurred prior to commencement of the initial term of this Lease, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, Destruction" shall apply and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this Leasecontrol. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastrophe, in default of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) days.

Appears in 1 contract

Sources: Lease (Genetronics Biomedical LTD)

Repairs and Maintenance. 118.1. The Lessor Landlord shall repair and maintain the structural and exterior portions and Common Area of the Building and the Project, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); elevators; and electrical systems installed or furnished by Landlord. 18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall at all times during the term hereof, faithfully Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in good order and repair the sewer connections, plumbing work, heating and air conditioning apparatus, gas, electric, light and water fixtures and shall pay all costs or expenses necessary for keeping the Leased Premises and the appurtenances thereto in such order condition and repair. The Lessee shall further be responsible for repairing or replacing the Regional Skill Center Building including the Leased Premises, that are damaged as a result of the Lessee's use or negligence beyond reasonable damage thereto from ordinary wear and tear excepted, and acts shall, within ten (10) days after receipt of Godwritten notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. The Lessee shall further be responsible for all extraordinary Tenant shall, upon the expiration or routine maintenance sooner termination of the Leased Premises. The Lessee shall Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear (and casualty repairs that are not be responsible for any cost for repairs or maintenance incurred by the Lessor prior Tenant’s responsibility pursuant to the commencement of the initial term of this Lease. The Lessee ) 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 expiration 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 term hereof, surrender the Leased Premises to the Lessor in as good condition and repair as at the commencement of said term, except for reasonable wear and tear and acts of GodWork Letter. 218.3. The Lessee shall not alter, modify or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration of this Lease, belong to the Lessor without compensation to the Lessee. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor Landlord shall not be liable for any damage failure to make any repairs or injury to the Leased Premises or perform any property therein contained which may be sustained by the Lessee or any other party, whether by reason of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the Lessee's use need of such repairs or occupancy of the Leased Premises; and the Lessee maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.4. If any excavation shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building be made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by upon land adjacent to or under the Lessee, its employees, agentsBuilding, or servantsshall 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 reasonably necessary or desirable to preserve and protect the Building from any loss injury or damage arising from and to support the same by proper foundations, without any fault claim for damages or negligence liability against Landlord and without reducing or action on the part of the Lessee, its employees, agents, or servants. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default otherwise affecting Tenant’s obligations under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this Lease. 518.5. The Lessee shall not be responsible for any act or practice, which occurred prior This Article relates to commencement repairs and maintenance arising in the ordinary course of operation of the initial term Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this LeaseArticle. In the event of eminent domain, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now Article 25 shall apply in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term lieu of this Lease which may adversely affect the environment, whether such clean-up is Article. 18.6. Costs incurred by Landlord pursuant to judicial or administrative order. This covenant this Article shall survive the termination of this Leaseconstitute Operating Expenses. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastrophe, in default of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) days.

Appears in 1 contract

Sources: Lease Agreement (Carbylan Therapeutics, Inc.)

Repairs and Maintenance. 1. The Lessor shall (a) Tenant shall, at its expense, keep the Premises and its component parts in good order and condition, consistent with comparable buildings in Fairfield County, Connecticut of similar size, age and use, at all times during the term hereofTerm of this Lease, faithfully maintain preserving the effectiveness of any material warranties relating thereto, and keep will make all capital and noncapital, structural and non-structural, foreseen and unforeseen, ordinary and extra-ordinary repairs, in good order and repair the sewer connections, plumbing work, heating and air conditioning apparatus, gas, electric, light and water fixtures and compliance with Applicable Laws. The parties shall pay all costs arrange an annual inspection by Landlord’s representatives to review compliance with Tenant’s obligations hereunder. If any building system or expenses component currently in use shall become obsolete to a degree that it is no longer necessary for keeping the Leased Premises to function properly (and another system or component has not become necessary in replacement therefore), Tenant, at its sole cost and expense, may remove such item from the Premises and the appurtenances thereto in such order and repair. The Lessee shall further be responsible for repairing or replacing the Regional Skill Center Building including the Leased Premises, that are damaged as a result of the Lessee's use or negligence beyond reasonable wear and tear and acts of God. The Lessee shall further be responsible for all extraordinary or routine maintenance of the Leased Premises. The Lessee shall not be responsible for any cost for repairs or maintenance incurred obligated to replace the same. Notwithstanding the foregoing, it is intended by the Lessor prior parties that Landlord shall have no obligation to repair or maintain the commencement of the initial term of this Lease. The Lessee shallPremises (or any equipment therein), at whether ordinary or extraordinary. (b) Upon the expiration of the term hereof, surrender the Leased Premises to the Lessor in as good condition and repair as at the commencement Term of said term, except for reasonable wear and tear and acts of God. 2. The Lessee shall not alter, modify this Lease or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration earlier termination of this Lease, belong Tenant will also provide Landlord with copies of any operating manuals in Tenant’s possession relating to (i) to the Lessor without compensation extent the same is then located in the Premises, any new equipment added to the Lessee. The Lessee will not permit any mechanics or other liens Premises by Tenant after the Commencement Date and (ii) to be established or remain against the Leased extent the same is then located in the Premises, replacement equipment added to the Premises for labor or materials furnished in connection with after the Commencement Date, as well as (iii) updates and supplements to any such additions, improvements, repairs, or replacements made by operating manuals relating to equipment then located on the LesseePremises. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor Tenant shall not be liable for install any damage or injury to the Leased Premises or any property therein contained which may be sustained by the Lessee or any other party, whether by reason of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue of the Lessee's use or occupancy of the Leased Premises; and the Lessee shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by or under the Lessee, its employees, agents, or servants, and from any loss or damage arising from any fault or negligence or action underground storage tank on the part of the Lessee, its employees, agents, or servantsLand. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this Lease. 5. The Lessee shall not be responsible for any act or practice, which occurred prior to commencement of the initial term of this Lease, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this Lease. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastrophe, in default of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) days.

Appears in 1 contract

Sources: Sublease Agreement (Sema4 Holdings Corp.)

Repairs and Maintenance. 118.1. The Lessor Landlord shall repair and maintain the structural and exterior portions and Common Areas of the Bent Building and the Bent Project and the Garage, including roofing and covering materials; foundations; exterior walls; plumbing; fire sprinkler systems (if any); heating, ventilating, air conditioning systems (excluding those portions of the heating, ventilating, air conditioning systems located inside the Premises (including the variable air volume distribution and zone control), which shall be repaired and maintained by Tenant); elevators; and electrical systems installed or furnished by Landlord. 18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall at all times during the term hereof, faithfully Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in good order and repair the sewer connections, plumbing work, heating and air conditioning apparatus, gas, electric, light and water fixtures and shall pay all costs or expenses necessary for keeping the Leased Premises and the appurtenances thereto in such order condition and repair. The Lessee shall further be responsible for repairing or replacing the Regional Skill Center Building including the Leased Premises, that are damaged as a result of the Lessee's use or negligence beyond reasonable damage thereto from ordinary wear and tear excepted, including the Generator, the Acid Neutralization Tank, and acts of Godall laboratory systems, including the reverse osmosis, de-ionized and other treated water systems, vacuum, compressed air and laboratory gas. The Lessee shall further be responsible for all extraordinary Tenant shall, upon the expiration or routine maintenance sooner termination of the Leased Premises. The Lessee shall not be responsible for any cost for repairs or maintenance incurred by Term, surrender the Lessor prior Premises to the commencement of the initial term of this Lease. The Lessee Landlord in as good a condition as when received, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the expiration of the term hereofPremises, surrender the Leased Premises and repair any damage to the Lessor in as good condition and repair as at the commencement of said term, except for reasonable wear and tear and acts of God. 2Premises caused thereby. The Lessee Landlord shall not have no obligation to alter, modify remodel, improve, repair, decorate or improve paint the Leased Premises without receiving the prior written consent of the Lessor and or any such alterationspart thereof, additions, improvements and fixtures (except trade fixtures) made or placed other than as described in or upon the Leased Premises shall, upon expiration of this Lease, belong to the Lessor without compensation to the LesseeExhibit C. 18.3. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor Landlord shall not be liable for any damage failure to make any repairs or injury to the Leased Premises or perform any property therein contained which may be sustained by the Lessee or any other party, whether by reason of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the Lessee's use need of such repairs or occupancy of the Leased Premises; and the Lessee maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.4. If any excavation shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building be made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by upon land adjacent to or under the Lessee, its employees, agentsBuildings, or servantsshall 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 Buildings from any loss injury or damage arising from and to support the same by proper foundations, without any fault claim for damages or negligence liability against Landlord and without reducing or action on the part of the Lessee, its employees, agents, or servants. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default otherwise affecting Tenant’s obligations under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this Lease. 518.5. The Lessee shall not be responsible for any act or practice, which occurred prior This Article relates to commencement repairs and maintenance arising in the ordinary course of operation of the initial term Buildings and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this LeaseArticle. In the event of eminent domain, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now Article 25 shall apply in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term lieu of this Lease which may adversely affect the environment, whether such clean-up is Article. 18.6. Costs incurred by Landlord pursuant to judicial or administrative order. This covenant this Article shall survive the termination of this Leaseconstitute Operating Expenses. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastrophe, in default of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) days.

Appears in 1 contract

Sources: Lease (Idenix Pharmaceuticals Inc)

Repairs and Maintenance. 1. The Lessor Except as otherwise set forth in this Lease, Lessee, at its sole cost, shall be responsible for and shall keep all parts of the Premises (including its restroom areas) and the appurtenances thereto in good, safe, tenantable condition, slightly in appearance, and in good order and repair at all times during the term hereof, faithfully maintain and keep in good order and repair the sewer connections, plumbing work, heating and air conditioning apparatus, gas, electric, light and water fixtures and shall pay all costs or expenses necessary for keeping the Leased Premises and the appurtenances thereto in such order and repair. The Lessee shall further be responsible for repairing or replacing the Regional Skill Center Building including the Leased Premises, that are damaged as a result of the Lessee's use or negligence beyond this Lease (reasonable wear and tear and acts of God. The Lessee casualty excepted in all cases), including any extensions, except that: Lessor shall further be responsible for all extraordinary at its sole expense for: (a) structural repairs and replacements, repairs, replacements or routine maintenance of to the Leased Premises. The Lessee shall not be responsible for any cost for roof, exterior walls and foundation; (b) repairs or maintenance incurred replacements which are necessitated by the willful or negligent act or omission of Lessor, its agents, employees, invitees or representatives; (c) repairs or replacements which are necessitated by reason of fire or other casualty, which events are governed by Paragraph 13 below; and (d) repairs or replacements which are necessitated by reason of a breach of any warranty or representation of Lessor prior contained in this Lease or by reason of Lessor’s failure to the commencement of the initial term of perform or observe any term, covenant or condition to be performed or observed by Lessor pursuant to this Lease. The Lessee shallLessor warrants and represents that it has no knowledge of defects in the plumbing, at heating, air conditioning and other mechanical systems. Lessor further warrants and represents that it has no notice or knowledge of any material defects in the expiration Premises or the components of the term hereofPremises, surrender the Leased Premises including but not limited to the Lessor in as good condition roof, walls, foundation and repair as at floors. Subject to the commencement of said term, except for reasonable wear and tear and acts of God. 2. The Lessee shall not alter, modify or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration terms of this Lease, belong Lessor shall repair and maintain the paving, and provide lighting of and maintain sidewalks and parking areas located within the Center and shall provide lighting for and maintain the entrances, exits and areas appurtenant to the Lessor without compensation to the Lessee. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished Center Building in connection with any such additionsa clean and orderly condition, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor shall not be liable for any damage or injury to the Leased Premises or any property therein contained which may be sustained by the Lessee or any other party, whether by reason including maintaining all shrubbery thereon and mowing of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue of the Lessee's use or occupancy of the Leased Premises; grass thereon and the Lessee shall indemnify prompt removal of snow and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by or under the Lessee, its employees, agents, or servants, and from any loss or damage arising from any fault or negligence or action on the part of the Lessee, its employees, agents, or servantsice therefrom. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this Lease. 5. The Lessee shall not be responsible for any act or practice, which occurred prior to commencement of the initial term of this Lease, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this Lease. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastrophe, in default of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) days.

Appears in 1 contract

Sources: Lease Agreement (Vitacost.com, Inc.)

Repairs and Maintenance. 1. The Lessor 17.1 Landlord shall repair and maintain and repair any defects in the structural and exterior portions and Common Areas of the Buildings and the Project, including roofing and covering (structure and membrane) materials; foundations; slabs; exterior walls; exterior utilities; plumbing; fire sprinkler systems (if any); heating, ventilating, air conditioning systems; elevators; and electrical systems installed or furnished by Landlord. 17.2 Except for services of Landlord, if any, required by Section 17.1, Tenant shall at all times during the term hereof, faithfully Tenant's sole cost and expense maintain and keep the Premises and every part thereof in good order and repair the sewer connections, plumbing work, heating and air conditioning apparatus, gas, electric, light and water fixtures and shall pay all costs or expenses necessary for keeping the Leased Premises and the appurtenances thereto in such order condition and repair, damage thereto from ordinary wear and tear excepted. The Lessee shall further be responsible for repairing Tenant shall, upon the expiration or replacing the Regional Skill Center Building including the Leased Premises, that are damaged as a result sooner termination of the Lessee's use or negligence beyond reasonable Lease Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear and acts of God. The Lessee shall further be responsible for all extraordinary or routine maintenance of the Leased Premises. The Lessee shall not be responsible for any cost for repairs or maintenance incurred by the Lessor prior to the commencement of the initial term of this Lease. The Lessee casualty damage excepted; and shall, at Landlord's request, remove all telephone and data systems, wiring and equipment installed by Tenant from the expiration of the term hereofPremises, surrender the Leased Premises and repair any damage to the Lessor Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof; other than as expressly provided in as good condition and repair as at the commencement of said term, except for reasonable wear and tear and acts of Godthis Lease. 2. The Lessee shall not alter, modify or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration of this Lease, belong to the Lessor without compensation to the Lessee. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor 17.3 Landlord shall not be liable for any damage failure to make any repairs or injury to perform any maintenance that is an obligation of Landlord unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord's expense. Notwithstanding anything to the Leased Premises or any property therein contained which may be sustained by the Lessee or any other partycontrary set forth in this Article 17, whether by reason of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue of the Lessee's use or occupancy of the Leased Premises; and the Lessee shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by or under the Lessee, its employees, agents, or servants, and from any loss or damage arising from any fault or negligence or action on the part of the Lessee, its employees, agents, or servants. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this Lease. 5. The Lessee shall not be responsible for any act or practice, which occurred prior to commencement of the initial term of this Lease, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this Lease. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon if Tenant provides written notice to the other effective as Landlord of the date need for repairs and/or maintenance with respect to the Premises which are Landlord's obligation to perform under Section 17.1 above, and Landlord fails to commence such repairs and/or maintenance within a reasonable period of time, given the catastrophe. The Lessor shall make any election herein granted within circumstances, after receipt of such notice (but in no event earlier than fifteen (15) days from the happening after receipt of the catastrophesuch notice except in cases where there is an immediate threat of material and substantial property damage or immediate threat of bodily injury, in default which case such shorter period of time as is reasonable under the circumstances), then Tenant may, at its option, proceed to undertake such repairs and/or maintenance upon delivery of an additional five (5) business days' notice to Landlord that Tenant is taking such required action (provided, however, that no additional notice shall be required in the event of an emergency which election, threatens life or where there is imminent danger to property). If such repairs and/or maintenance were required under the Lessee may cancel terms of this Lease effective at to be performed by Landlord and Landlord has not commenced such repair or maintenance prior to the expiration of such five (5) business day period (or the initial notice and repair period set forth in the first sentence of this Section 17.3 in the event of emergencies where no second notice is required) ("Outside Repair Period"), then Tenant shall be entitled to reimbursement by Landlord of Tenant's actual, reasonable, and documented costs and expenses in performing such maintenance and/or repairs. Such reimbursement shall be made within thirty (30) days after Landlord's receipt of Tenant's invoice of such costs and expenses, and if Landlord fails to so reimburse Tenant within such 30-day period, then Tenant shall be entitled to offset against the Rent payable by Tenant under this Lease the amount of such invoice; provided, however, that notwithstanding the foregoing to the contrary, if (i) Landlord delivers to Tenant prior to the expiration of the Outside Repair Period described above, a written objection to Tenant's right to receive any such reimbursement based upon Landlord's good faith claim that such action did not have to be taken by Landlord pursuant to the terms of this Lease, or (ii) Landlord delivers to Tenant, within thirty (30) days after receipt of Tenant's invoice, a written objection to the payment of such invoice based upon Landlord's good faith claim that such charges are excessive (in which case, Landlord shall reimburse Tenant, within such 30-day period, the amount Landlord contends would not be excessive), then Tenant shall not be entitled to such reimbursement or offset against Rent, but Tenant, as its sole remedy, may proceed to claim a default by Landlord. In the event Tenant undertakes such repairs and/or maintenance, and such work will affect the Base, Shell and Core, any structural portions of the Premises or Building, Tenant shall use only those third party contractors used by Landlord in the Project for such work unless such contractors are unwilling or unable to perform such work at competitive prices, in which event Tenant may utilize the services of any other qualified contractor which normally and regularly performs similar work in comparable first-class buildings in the general vicinity of the Building. Tenant shall comply with the other terms and conditions of this Lease if Tenant takes the required action, except that Tenant is not required to obtain Landlord's consent for such repairs. 17.4 If any excavation shall be made upon land adjacent to or under the Buildings, or shall be authorized to be made, Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as said fifteen (15) daysperson shall deem necessary or desirable to preserve and protect the Buildings 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 to the extent Tenant's Permitted Use of the Premises is not materially disrupted; provided that Landlord will ensure that any person entering the Premises acts in a manner which minimizes unreasonable interference with Tenant’s use and occupancy of the Premises and any work must be completed as expeditiously as commercially reasonably possible. 17.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Buildings and the Project. In the event of a casualty described in Article 23, Article 23 shall apply in lieu of this Article. In the event of eminent domain, Article 24 shall apply in lieu of this Article.

Appears in 1 contract

Sources: Lease (Mabvax Therapeutics Holdings, Inc.)

Repairs and Maintenance. 1. The Lessor shall Tenant shall, at all times during Tenant's sole cost and expense, keep the term hereof, faithfully maintain Premises and keep every part thereof in good order condition and repair repair, damage thereto from causes beyond the sewer connectionscontrol of Tenant (and not caused by any act or omission of Tenant's agents, plumbing workofficers, heating employees, contractors, servants, invitees, licensees or guests) and air conditioning apparatusordinary wear and tear excepted. If Tenant does not make such repairs, gasLandlord may make such repairs and replacements, electric, light and water fixtures and Tenant shall pay all Landlord the costs thereof upon receipt of a statement therefor. Tenant shall, upon the expiration or expenses necessary for keeping sooner termination of this Lease, surrender the Leased Premises and the appurtenances thereto to Landlord in such order and repair. The Lessee shall further be responsible for repairing or replacing the Regional Skill Center Building including the Leased Premisesgood condition, that are damaged as a result of the Lessee's use or negligence beyond reasonable ordinary wear and tear and acts damage from causes beyond the control of GodTenant (and not caused by any act or omission of Tenant's agents, officers, employees, contractors, servants, licensees, invitees or guests) excepted. The Lessee shall further be responsible for all extraordinary or routine maintenance of the Leased Premises. The Lessee shall not be responsible for any cost for repairs or maintenance incurred by the Lessor prior Except as specifically provided in an addendum, if any, to the commencement of the initial term of this Lease. The Lessee shall, at the expiration of the term hereof, surrender the Leased Premises to the Lessor in as good condition and repair as at the commencement of said term, except for reasonable wear and tear and acts of God. 2. The Lessee shall not alter, modify or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration of this Lease, belong Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Lessor without compensation Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the Lesseecondition of the Premises or the Building except as specifically herein set forth. The Lessee will not permit any mechanics Notwithstanding the provisions hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating, and electrical systems installed or other liens to be established furnished by Landlord, unless such maintenance or remain against the Leased Premises for labor repairs are caused in part or materials furnished in connection with any such additions, improvements, repairs, or replacements made whole by the Lessee. The Lessor will not permit act, neglect, fault or omission of any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made duty by the LesseeTenant, its agents, officers, employees, contractors, servants, licensees, invitees or guests, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance or repairs. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor Landlord shall not be liable for any damage failure to make any such repairs or injury to perform any maintenance for which Landlord is responsible as provided above unless such failure shall persist for an unreasonable time after the Leased Premises written notice of the need of such repairs or maintenance is given to Landlord by Tenant and is due solely to causes within Landlord's reasonable control. Actual notice shall not be a substitute for written notice hereunder. In any property therein contained which may event there shall be sustained by the Lessee or any other party, whether no liability of Landlord by reason of breakageany injury to or interference with Tenant's business arising from the making of any repairs, leakage, alterations or obstruction of water pipes, gas pipes, soil pipes or other leakage improvements in or about to any portion of the Leased Premises, Building or the condition of Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any buildings thereonlaw, statute or any part thereof, or from any other cause arising by virtue of the Lessee's use or occupancy of the Leased Premises; and the Lessee shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by or under the Lessee, its employees, agents, or servants, and from any loss or damage arising from any fault or negligence or action on the part of the Lessee, its employees, agents, or servants. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, ordinance now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this Lease. 5. The Lessee shall not be responsible for any act or practice, which occurred prior to commencement of the initial term of this Lease, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this Lease. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should Landlord may enter the Lessor elect not Premises at all reasonable times to restore the Leased Premises, make any repairs Landlord deems necessary or desirable or as Landlord may be unable required to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastrophe, in default of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) daysgovernmental authority.

Appears in 1 contract

Sources: Lease Agreement (Sse Telecom Inc)

Repairs and Maintenance. 1. The Lessor a) Tenant shall, throughout the Term and at Tenant's sole cost and expense, keep and maintain the Premises in a neat and orderly condition; and, upon expiration of the Term, Tenant shall at all times during leave the term hereof, faithfully maintain and keep Premises in good order and repair the sewer connectionscondition, plumbing work, heating and air conditioning apparatus, gas, electric, light and water fixtures and shall pay all costs or expenses necessary for keeping the Leased Premises and the appurtenances thereto in such order and repair. The Lessee shall further be responsible for repairing or replacing the Regional Skill Center Building including the Leased Premises, that are damaged as a result of the Lessee's use or negligence beyond reasonable ordinary wear and tear tear, damage by fire or other casualty alone excepted, and acts of Godfor that purpose and except as stated, Tenant will make all necessary repairs and replacements. The Lessee Tenant shall further be responsible for all extraordinary or routine maintenance of the Leased Premises. The Lessee shall not be responsible for any cost for repairs or maintenance incurred by the Lessor prior to the commencement of the initial term of this Lease. The Lessee shall, at the expiration of the term hereof, surrender the Leased Premises to the Lessor in as good condition and repair as at the commencement of said term, except for reasonable wear and tear and acts of God. 2. The Lessee shall not alter, modify or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration of this Lease, belong to the Lessor without compensation to the Lessee. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additionswaste, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor shall not be liable for any damage or injury to the Leased Premises Premises. Tenant shall not use or permit the use of any property therein contained which may be sustained portion of the Common Facilities for other than their intended use as specified by the Lessee or any other partyLandlord from time to time. b) Landlord shall, whether by reason of breakagethroughout the Term, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about make all necessary repairs to the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue structural elements of the LesseePremises and other improvements located on the Property; provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise has actual knowledge of the need for such repair. Landlord shall keep and maintain all Common Facilities of the Property and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt and rubbish and shall keep and maintain all landscaped areas within the Property in a neat and orderly condition. c) Notwithstanding the foregoing, repairs and replacements to the Premises and the Property arising out of or caused by Tenant's use, manner of use or occupancy of the Leased Premises; and , by Tenant's installation of alterations, additions, improvements, trade fixtures or equipment in or upon the Lessee shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration Premises or repair on said building made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by or under the Lessee, its employees, agents, or servants, and from any loss or damage arising from any fault or negligence or action on the part of the Lessee, its employees, agents, or servants. 4. The Lessee will not cause, or permit to be caused, any act or practiceomission of Tenant or any employee, by negligenceagent, omission contractor or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition invitee of hazardous substances. Any violation of this covenant Tenant shall be an event of default under this Lease. The Lessee assumes made at Tenant's sole responsibility for, cost and will indemnify expense and Tenant shall pay Landlord the Lessor with respect to, the complete clean-up cost of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environmentsuch repair or replacement, whether such clean-up is pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this Leaseas Additional Rent, upon demand. 5. The Lessee shall not be responsible for any act or practice, which occurred prior to commencement of the initial term of this Lease, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this Lease. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastrophe, in default of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) days.

Appears in 1 contract

Sources: Office Space Lease (Cytogen Corp)

Repairs and Maintenance. 1. The Lessor (a) Except as otherwise expressly provided in paragraph 3 and subparagraph 12(b) below, Tenant, at Tenant’s sole cost and expense, shall keep and maintain all portions of the Premises (including nonstructural, interior portions, systems and equipment) at all times during the term hereof, faithfully maintain and keep hereof in good order order, condition and repair as a first-class retail/commercial real property development (including interior repainting and refinishing, as needed), and shall be responsible for all maintenance to the sewer connectionssame. Such repair and maintenance shall include, plumbing workbut not be limited to, all interior utility systems and equipment from the point of connection to the Building, including components of electrical, mechanical, plumbing, heating and air conditioning apparatussystems and facilities located in the Premises, gasall exterior and interior doors and door closures, electricand all plate glass located in the Premises. In addition, light Tenant shall, at its expense, obtain from a HVAC service company designated by or reasonably satisfactory to Landlord and water fixtures maintain during the term of this Lease a quarterly maintenance service contract on the HVAC unit that serves the Premises. If any portion of the Premises or any system or equipment in or serving the Premises which Tenant is obligated to repair cannot be fully repaired or restored, Tenant shall promptly replace such portion of the Premises or system or equipment in or serving the Premises, regardless of whether the benefit of such replacement extends beyond the term of this Lease; but if the benefit or useful life of such replacement extends beyond the term of this Lease (as such term may be extended by exercise of any options), the useful life of such replacement shall be prorated such that Tenant shall be liable only for that portion of the cost which is applicable to the term of this Lease (as extended). It is the intention of Landlord and Tenant that at all times Tenant shall maintain the portions of the Premises which Tenant is obligated to maintain in an attractive, first-class and fully operative condition. Tenant shall pay directly to the vendors all costs or expenses necessary incurred by Tenant for keeping the Leased Premises operation and the appurtenances thereto in such order and repair. The Lessee shall further be responsible for repairing or replacing the Regional Skill Center Building including the Leased Premises, that are damaged as a result maintenance of the Lessee's use Premises. At the expiration or negligence beyond reasonable earlier termination of this Lease, and subject to the provisions of paragraph 12(c) with respect to alterations or improvements to the Premises made by Tenant, Tenant shall return the Premises to the Landlord in as good condition as when received, ordinary wear and tear excepted. Notwithstanding the foregoing, Landlord shall assign and acts of God. The Lessee shall further be responsible transfer all warranties for all extraordinary or routine maintenance Tenant’s benefit in the event Tenant is required to promptly replace such portion of the Leased Premises or system or equipment in or serving the Premises including but not limited to all interior utility systems and equipment from the point of connection to the Building, including components of electrical, mechanical, plumbing, heating and air conditioning systems and facilities located in the Premises. (b) Notwithstanding the provisions of subparagraph 12(a) above, Landlord, at Landlord’s sole cost and expense, shall maintain in good order, condition and repair: (i) all structural elements of the Building, including, without limitation, the floor slab, footings, foundations, exterior walls (but excluding windows, doors, plate glass, skylights, entries, and the interior surfaces of exterior walls), roof structure, roof deck, and all utility lines from the point of connection in the street up to the point of connection to the Building, and (ii) subject to reimbursement as set forth in paragraph 10(a), the parking areas and other common areas of the Project. The Lessee Landlord shall not be obligated to make any such repairs unless Landlord shall have received written notice from Tenant of the need for such repairs, and Landlord shall have a reasonable period of time to make such repairs. Notwithstanding the foregoing, in no event shall Landlord be responsible for any cost for repairs or maintenance incurred by the Lessor prior which are required to be made due to the commencement acts of Tenant or Tenant’s agents, employees or invitees, all of such repairs to be made by Tenant at Tenant’s sole cost and expense. Further, Landlord’s liability with respect to any repairs for which Landlord is responsible under any of the initial term of this Lease. The Lessee shall, at the expiration of the term hereof, surrender the Leased Premises to the Lessor in as good condition and repair as at the commencement of said term, except for reasonable wear and tear and acts of God. 2. The Lessee shall not alter, modify or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration of this Lease, belong to the Lessor without compensation to the Lessee. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor shall not be liable for any damage or injury to the Leased Premises or any property therein contained which may be sustained by the Lessee or any other party, whether by reason of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue of the Lessee's use or occupancy of the Leased Premises; and the Lessee shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by or under the Lessee, its employees, agents, or servants, and from any loss or damage arising from any fault or negligence or action on the part of the Lessee, its employees, agents, or servants. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this Lease. 5. The Lessee shall not be responsible for any act or practice, which occurred prior to commencement of the initial term of this Lease, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term provisions of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this Lease. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises limited to the condition existing before cost of such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastrophe, in default of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) daysrepairs.

Appears in 1 contract

Sources: Lease Agreement (Franklin Financial Network Inc.)

Repairs and Maintenance. 1. The Lessor (a) Landlord shall at all times during the term hereofmaintain, faithfully maintain and keep in reasonably good order and repair condition, and except for damage occasioned by the sewer connectionsact of Tenant, its agents, servants, employees or invitees (which damage shall be repaired by Landlord at Tenant’s expense), the structural portions of the Building, including the foundation, floor/ceiling slabs, roof, curtain wall, exterior glass and mullions, columns, beams, shafts, and all Common Areas, as well as the base Building mechanical, electrical, life safety, plumbing workand sprinkler systems (connected to the core and any distribution throughout the Premises), heating and the base Building ventilating and air conditioning apparatussystems (including primary loops connected to the core and any distribution throughout the Premises). No compensation or claim or diminution of Rent will be allowed or paid by Landlord by reason of inconvenience, gasannoyance or injury to business, electric, light and water fixtures and shall pay all costs arising from the necessity of repairing the Premises or expenses necessary for keeping the Leased Premises and the appurtenances thereto in such order and repair. The Lessee shall further be responsible for repairing or replacing the Regional Skill Center Building including the Leased Premises, that are damaged as a result any portion of the Lessee's use Premises or negligence beyond reasonable wear Office Park, however the necessity may occur, as determined in the sole discretion of Landlord. In the event the Premises should become in need of repairs which are required to be made by Landlord hereunder, Tenant shall give immediate written notice thereof to Landlord. Landlord shall have no obligation to replace or repair “Tenant’s Property” (as hereinafter defined), and tear and acts of God. The Lessee shall further be responsible for all extraordinary or routine maintenance of the Leased Premises. The Lessee shall not be responsible liable for any cost failure to make any repairs or to perform any maintenance required of Landlord hereunder unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance incurred is given to Landlord by Tenant. It is hereby understood and agreed that, except as expressly set forth herein, Landlord has no obligation to alter, remodel, improve, repair, decorate, or paint the Lessor prior Premises, the Building, the Office Park or any portions thereof. (b) With the exception of those items expressly set forth in this Lease that are required to the commencement of the initial term of this Lease. The Lessee be repaired by Landlord, Tenant shall, at its sole cost and expense, make all repairs which are reasonably necessary to keep the expiration Premises, and any portion of the term hereofBuilding or Office Park under Tenant’s exclusive control, surrender the Leased Premises to the Lessor in as good condition repair, order and repair as at the commencement of said termcondition, except for reasonable wear and tear tear, casualty damage that Landlord is obligated to repair and acts condemnation. All repairs and replacements which are Tenant’s responsibility hereunder shall be made promptly and with new materials of God. 2like kind and quality. The Lessee All repairs shall not alter, modify or improve be made under the Leased Premises without receiving supervision of and subject to the prior written consent approval of the Lessor Landlord and within any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration reasonable period of this Lease, belong time specified by Landlord. If Tenant fails to make required repairs to the Lessor without compensation Premises promptly, Landlord, at Landlord’s election, shall have the right to the Lessee. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any make such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens and Tenant shall pay Landlord on demand Landlord’s actual costs of such repair, plus a fee equal to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor shall not be liable for any damage or injury to the Leased Premises or any property therein contained which may be sustained by the Lessee or any other party, whether by reason of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue of the Lessee's use or occupancy of the Leased Premises; and the Lessee shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by or under the Lessee, its employees, agents, or servants, and from any loss or damage arising from any fault or negligence or action on the part of the Lessee, its employees, agents, or servants. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this Lease. 5. The Lessee shall not be responsible for any act or practice, which occurred prior to commencement of the initial term of this Lease, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this Lease. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen percent (15%) days from the happening of the catastrophe, such actual costs to cover Landlord’s overhead in default of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) daysmaking such repairs.

Appears in 1 contract

Sources: Lease Agreement (Jacada LTD)

Repairs and Maintenance. 117.1. The Lessor Landlord shall repair and maintain the structural and exterior portions and Common Areas of the Building and the Project, including roofing and covering (structure and membrane) materials; foundations; exterior walls; plumbing; fire sprinkler systems (if any); heating, ventilating, air conditioning systems; elevators; and electrical systems installed or furnished by Landlord. 17.2. Except for services of Landlord, if any, required by Section 17.1, Tenant shall at all times during the term hereof, faithfully Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in good order and repair the sewer connections, plumbing work, heating and air conditioning apparatus, gas, electric, light and water fixtures and shall pay all costs or expenses necessary for keeping the Leased Premises and the appurtenances thereto in such order condition and repair. The Lessee shall further be responsible for repairing or replacing the Regional Skill Center Building including the Leased Premises, that are damaged as a result of the Lessee's use or negligence beyond reasonable damage thereto from ordinary wear and tear and acts of Godexcepted. The Lessee shall further be responsible for all extraordinary Tenant shall, upon the expiration or routine maintenance sooner termination of the Leased Premises. The Lessee shall not be responsible for any cost for repairs or maintenance incurred by Term, surrender the Lessor prior Premises to the commencement of the initial term of this Lease. The Lessee Landlord in as good a condition as when received, ordinary wear and tear excepted; and shall, at Landlord’s request, remove all telephone and data systems, wiring and equipment from the expiration of the term hereofPremises, surrender the Leased Premises and repair any damage to the Lessor in as good condition and repair as at the commencement of said term, except for reasonable wear and tear and acts of God. 2Premises caused thereby. The Lessee Landlord shall not have no obligation to alter, modify remodel, improve, repair, decorate or improve paint the Leased Premises without receiving the prior written consent of the Lessor and or any such alterationspart thereof, additions, improvements and fixtures (except trade fixtures) made or placed other than as described in or upon the Leased Premises shall, upon expiration of this Lease, belong to the Lessor without compensation to the LesseeExhibit C. 17.3. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor Landlord shall not be liable for any damage failure to make any repairs or injury to the Leased Premises or perform any property therein contained which may be sustained by the Lessee or any other party, whether by reason maintenance that is an obligation of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue Landlord unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the Lessee's use need of such repairs or occupancy of the Leased Premises; and the Lessee maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 17.4. If any excavation shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building be made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by upon land adjacent to or under the LesseeBuilding, or shall be authorized to be made, Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as said person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease to the extent Tenant’s Permitted Use of the Premises is not materially disrupted. 17.5. This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 23, Article 23 shall apply in lieu of this Article. In the event of eminent domain, Article 24 shall apply in lieu of this Article. 17.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses, unless such costs are incurred due in whole or in part to any act, neglect, fault or omissions of Tenant or its employees, agents, contractors or servants, and from any loss or damage arising from any fault or negligence or action on the part of the Lessee, its employees, agents, or servants. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this Lease. 5. The Lessee shall not be responsible for any act or practice, which occurred prior to commencement of the initial term of this Lease, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this Lease. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastropheinvitees, in default which case Tenant shall pay to Landlord the cost of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) dayssuch repairs and maintenance.

Appears in 1 contract

Sources: Lease (Halozyme Therapeutics Inc)

Repairs and Maintenance. 118.1. The Lessor Landlord shall repair and maintain the structural and exterior portions and Common Area of the Building and the Project, including roofing and covering materials; foundations (including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed or furnished by Landlord. Landlord shall also maintain any utility meters serving the Premises, at Tenant’s sole cost and expense. Landlord will keep, manage and maintain the Building and the Project consistent with other similar properties in the ▇▇▇▇▇▇▇ Square rental market, and in full accordance with Applicable Laws. Landlord shall maintain (or provide for the maintenance) in a neat, attractive and first-class condition all signs, roadways, landscaped areas, parking areas, sidewalks and entrances areas that are owned by Landlord. 18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall at all times during the term hereof, faithfully Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in good order and repair the sewer connections, plumbing work, heating and air conditioning apparatus, gas, electric, light and water fixtures and shall pay all costs or expenses necessary for keeping the Leased Premises and the appurtenances thereto in such order condition and repair. The Lessee shall further be responsible for repairing or replacing the Regional Skill Center Building including the Leased Premises, that are damaged as a result of the Lessee's use or negligence beyond reasonable excepting damage thereto from ordinary wear and tear and acts of God. The Lessee shall further be matters for which Tenant is not responsible for all extraordinary or routine maintenance of under the Leased Premises. The Lessee shall not be responsible for any cost for repairs or maintenance incurred by the Lessor prior to the commencement of the initial term of this Lease. The Lessee shall, at the expiration of the term hereof, surrender the Leased Premises to the Lessor in as good condition and repair as at the commencement of said term, except for reasonable wear and tear and acts of God. 2. The Lessee shall not alter, modify or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration terms of this Lease, belong and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any usual and customary maintenance records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted and with the Tenant Improvements in substantially the same condition as existed upon completion of the Tenant Improvements; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all wiring and equipment (other than low voltage wiring and cabling) installed by or on behalf of a Tenant Party (as defined below), and repair any damage to the Lessor without compensation Premises caused thereby, unless instructed by Landlord not to do so, whereupon Tenant shall surrender the LesseePremises with all such material intact. The Lessee will not permit Without limiting Landlord’s maintenance and repair obligations in this Lease, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessorpart thereof. 318.3. The Lessor Except as otherwise set forth herein, Landlord shall not be liable for any damage failure to make any repairs or injury to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time (determined under the Leased Premises or any property therein contained particular circumstances) after Tenant provides Landlord with written notice (which may be sustained given by e- mail to the Lessee Building or any other party, whether by reason of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue property management office) of the Lessee's use need of such repairs or occupancy maintenance or after Landlord has independent, actual knowledge of such need. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.4. This Article relates to repairs and maintenance arising in the ordinary course of operation of the Leased Premises; Building and the Lessee Project. In the event of a casualty described in Article 24, Article 24 shall indemnify and hold harmless apply in lieu of this Article. In the Lessor from any and all damagesevent of eminent domain, liabilities and expenses arising out Article 25 shall apply in lieu of any improvement, alteration or repair on said building made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by or under the Lessee, its employees, agents, or servants, and from any loss or damage arising from any fault or negligence or action on the part of the Lessee, its employees, agents, or servantsthis Article. 418.5. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable Except to the Leased Premisesextent otherwise provided in Section 9.1, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is costs incurred by Landlord pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant this Article shall survive termination of this Leaseconstitute Operating Expenses. 5. The Lessee shall not be responsible for any act or practice, which occurred prior to commencement of the initial term of this Lease, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this Lease. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastrophe, in default of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) days.

Appears in 1 contract

Sources: Sublease (Momenta Pharmaceuticals Inc)

Repairs and Maintenance. 115.01 Tenant shall take good care of the Demised Premises. The Lessor 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 times during repairs to the term hereofplumbing, faithfully maintain and keep in good order and repair the sewer connections, plumbing workelectrical, heating and air conditioning apparatussystems and facilities within and exclusively serving the Demised Premises, gasall non-structural repairs to the Demised Premises and all repairs to the storefront, electricwindows and plate glass. Tenant, light and water fixtures at its expense, shall replace all scratched, damaged or broken doors or other glass in or about the Demised Premises and shall pay all costs or expenses necessary for keeping the Leased Premises and the appurtenances thereto in such order and repair. The Lessee shall further be responsible for repairing or replacing the Regional Skill Center Building including the Leased Premises, that are damaged as a result of the Lessee's use or negligence beyond reasonable wear and tear and acts of God. The Lessee shall further be responsible for all extraordinary or routine repairs, maintenance and replacement of wall and floor coverings in the Demised Premises and, for the repair and maintenance of the Leased Premisesall lighting fixtures therein. The Lessee shall not be responsible for any cost for repairs or maintenance incurred by the Lessor prior to the commencement of the initial term of this Lease. The Lessee shall, at the expiration of the term hereof, surrender the Leased Premises to the Lessor in as good condition and repair as at the commencement of said termAll repairs, except for reasonable wear and tear and acts of God. 2. The Lessee shall not alter, modify or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration of this Lease, belong to the Lessor without compensation to the Lessee. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, emergency repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor shall not be liable for any damage or injury to the Leased Premises or any property therein contained which may be sustained by the Lessee or any other party, whether by reason of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue of the Lessee's use or occupancy of the Leased Premises; and the Lessee shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by or under the Lessee, its employees, agents, or servants, and from any loss or damage arising from any fault or negligence or action on the part of the Lessee, its employees, agents, or servants. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant Tenant as provided herein shall be an event of default under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial performed by contractors or administrative order or at the direction of the Lessor subcontractors approved in its sole discretion. This covenant shall survive termination of this Lease. 5. The Lessee shall not be responsible for any act or practice, which occurred 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 initial term contrary, Tenant shall not be 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 the point of entry into the Demised Premises, in working order, condition and repair except for those repairs for which Tenant is responsible pursuant to any other provisions of this Leaselease and except for those repairs which are the responsibility of the Condominium. 15.03 Except as expressly otherwise provided in this lease, that would violate Landlord shall have no liability to Tenant by reason of any federalinconvenience, state annoyance, interruption or local lawsinjury to business arising from either (a) Landlord’s making any repairs or changes which Landlord is required or permitted by this lease, regulations or guidelines applicable required by law, to make in or to any portion of the Leased PremisesUnit, now in effect or hereafter enacted, relating to environmental protection the Building or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this Lease. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Demised Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice in or to the other effective as fixtures, equipment or appurtenances of the date Unit, Building or the Demised Premises, or (b) the Condominium making or failing to make any repairs or changes to any portion of the catastrophe. The Lessor Building or the Demised Premises; provided that Landlord shall make any election herein granted within fifteen (15) days from use due diligence with respect to the happening 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 will not materially interfere with Tenant’s use of the catastrophe, in default of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) daysDemised Premises.

Appears in 1 contract

Sources: Lease (American Realty Capital New York Recovery Reit Inc)

Repairs and Maintenance. 1. 5.2 The Lessor Lessee shall at all times during keep the term hereof, faithfully maintain and keep Leased Premises in good order and repair the sewer connectionsrepair, plumbing work, heating reasonable wear and air conditioning apparatus, gas, electric, light and water fixtures and shall pay all costs or expenses necessary for keeping the Leased Premises and the appurtenances thereto in such order and repairtear excepted. The Lessee shall further be responsible for repairing repair or replacing the Regional Skill Center Building including the Leased Premisesreplace all broken or damaged doors, that are damaged as a result of the Lessee's use or negligence beyond reasonable wear windows, fixtures and tear and acts of God. The Lessee shall further be responsible for all extraordinary or routine maintenance other portions of the Leased Premises. Notwithstanding the foregoing, the Lessee shall have no duty to make structural repairs to the Leased Premises unless the damage thereto has been caused by the act or omission of the Lessee or any failure by the Lessee to observe or perform any of its duties or obligations under this Lease. 5.3 The Lessee shall not be responsible for overload the floors nor install any cost for repairs heavy machinery or maintenance incurred by the Lessor prior to the commencement other heavy equipment of the initial term of this Lease. The Lessee shall, at the expiration of the term hereof, surrender the Leased Premises to the Lessor in as good condition and repair as at the commencement of said term, except for reasonable wear and tear and acts of God. 2. The Lessee shall not alter, modify or improve the Leased Premises any kind without receiving first obtaining the prior written consent of the Lessor, which, if granted, may be conditioned upon the moving of such machinery and equipment by skilled, licensed handlers and installation and maintenance, at Lessee's sole cost and expense, of special reinforcing and settings adequate to absorb and prevent noise and vibration. 5.4 The Lessor shall repair and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon maintain the Leased Premises shallat Lessor's expense, upon expiration of this Lease, belong to the Lessor without compensation to the Lessee. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor shall not be liable except for any damage thereto caused by any act or injury to the Leased Premises or any property therein contained which may be sustained by omission of the Lessee or any other party, whether failure by reason of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue of the Lessee's use or occupancy of the Leased Premises; and the Lessee to observe or perform any of its duties and obligations under this Lease, in which event such damage shall indemnify be promptly repaired to the Lessor's satisfaction at the sole cost and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by or under the Lessee, its employees, agents, or servants, and from any loss or damage arising from any fault or negligence or action on the part expense of the Lessee, its employees, agents, or servants. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, so that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out shall have: (a) effective waterproofing and weather protection of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant roof and exterior walls; (b) plumbing facilities that substantially conform to judicial or administrative order or applicable law in effect at the direction time of installation; (c) heating facilities which substantially conform with applicable law at the Lessor in its sole discretion. This covenant shall survive termination time of this Lease.installation; 5. The Lessee shall not be responsible for any act or practice(d) electrical lighting, with wiring and electrical equipment, which occurred prior to commencement substantially conform with applicable law at the time of the initial term of this Leaseinstallation; and (e) floors, stairways and railings maintained in good repair; provided, however, that would violate any federal, state or local laws, regulations or guidelines applicable to notwithstanding the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this Lease. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by foregoing the Lessor shall be at the Lessor's expense have no duty to make any repairs otherwise required by this Section unless and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should until the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written shall have received notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days need therefore from the happening of the catastrophe, in default of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) daysLessee.

Appears in 1 contract

Sources: Lease Agreement (Lakeland Industries Inc)

Repairs and Maintenance. 118.1. The Lessor Landlord shall repair and maintain in good condition the structural and exterior portions and Common Areas of the Building, and the Project, including roofing and covering materials; foundations; exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed or furnished by Landlord. SMRH:418641349.9 28 18.2. Without limiting Landlord’s obligations under Article 4 and the Work Letter, and except for services of Landlord, if any, required by Section 18.1, Tenant shall at all times during the term hereof, faithfully Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in good order and repair the sewer connections, plumbing work, heating and air conditioning apparatus, gas, electric, light and water fixtures and shall pay all costs or expenses necessary for keeping the Leased Premises and the appurtenances thereto in such order condition and repair. The Lessee shall further be responsible for repairing or replacing the Regional Skill Center Building including the Leased Premises, that are damaged as a result of the Lessee's use or negligence beyond reasonable damage thereto from ordinary wear and tear and acts of Godexcepted. The Lessee shall further be responsible for all extraordinary Tenant shall, upon the expiration or routine maintenance sooner termination of the Leased Premises. The Lessee shall not be responsible for any cost for repairs or maintenance incurred by Term, surrender the Lessor prior Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted and with the commencement Tenant Improvements in substantially the same condition as existed upon Substantial Completion of the initial term of this Lease. The Lessee Tenant Improvements; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the expiration Premises (with respect to wiring, only to the extent installed by a Tenant Party (as defined below)), and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the term hereof, surrender the Leased Premises to the Lessor in as good condition and repair as at the commencement of said term, except for reasonable wear and tear and acts of GodWork Letter. 218.3. The Lessee shall not alter, modify or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration of this Lease, belong to the Lessor without compensation to the Lessee. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor Landlord shall not be liable for any damage failure to make any repairs or injury to the Leased Premises or perform any property therein contained which may be sustained by the Lessee or any other party, whether by reason of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the Lessee's use need of such repairs or occupancy of the Leased Premises; and the Lessee maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.4. If any excavation shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building be made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by upon land adjacent to or under the Lessee, its employees, agentsBuilding, or servantsshall 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 any loss injury or damage arising from and to support the same by proper foundations, without any fault claim for damages or negligence liability against Landlord and without reducing or action on the part of the Lessee, its employees, agents, or servants. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default otherwise affecting Tenant’s obligations under this Lease. 18.5. The Lessee assumes sole responsibility forThis 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, and will indemnify Article 24 shall apply in lieu of this Article. In the Lessor with respect toevent of eminent domain, the complete clean-up Article 25 shall apply in lieu of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is this Article. 18.6. Costs incurred by Landlord pursuant to judicial or administrative order or at this Article shall constitute Operating Expenses, subject to the direction provisions of the Lessor in its sole discretion. This covenant shall survive termination Article 9 of this Lease. 5. The Lessee shall not be responsible for any act or practice, which occurred prior to commencement of the initial term of this Lease, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this Lease. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastrophe, in default of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) days.

Appears in 1 contract

Sources: Lease (Affymetrix Inc)

Repairs and Maintenance. 1. The A. Subject to provisions of paragraph 15, Lessor shall keep and maintain in good order, condition and repair the structural elements of the Premises including the roof, roof membrane, paving, floor slab, foundation, exterior walls, landscaping, irrigation and elevators. Lessor shall make such repairs, replacements, alterations or improvements as Lessor deems reasonably necessary with respect to such structural elements and Lessee shall pay to Lessor, within ten (10) business days of Lessor's invoice to Lessee therefor, Lessee's pro-rata share of such repairs, replacements, alterations or improvements; provided, however, that replacement and improvement costs in excess of $5,000 per occurrence shall be amortized over the useful life of such replacements or improvements, and Lessee shall be obligated to pay, as additional rent, only the amount which coincides with the remaining term of the Lease. Notwithstanding the foregoing, if the reason for any repair, replacement, alteration or improvement is caused by Lessee or arises because of a breach of Lessee's obligations under this Lease, then Lessee shall pay 100% of the costs or expense to remedy the same. B. Except as expressly provided in Subparagraph A above, Lessee shall, at its sole cost, keep and maintain the 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 subject to the limitations set forth in Section 11A above. Lessee shall, at all times during the Lease term and at his expense, have in effect a service contract for the maintenance of the heating, ventilating, and air-conditioning (HVAC) equipment with an HVAC repair and maintenance contractor approved by Lessor which provides for periodic inspection and servicing at least once every three (3) months during the term hereof, faithfully maintain and keep in good order and repair the sewer connections, plumbing work, heating and air conditioning apparatus, gas, electric, light and water fixtures and shall pay all costs or expenses necessary for keeping the Leased Premises and the appurtenances thereto in such order and repair. The Lessee shall further be responsible provide Lessor with a copy of such contract and all periodic service reports. Should Lessee fail to maintain the Premises or make repairs required of Lessee hereunder forthwith upon notice from Lessor, Lessor, in addition to all other remedies available hereunder or by law, and without waiving any alternative remedies, may make the same, and in that event, Lessee shall reimburse Lessor as additional rent for repairing the cost of such maintenance or replacing repairs on the Regional Skill Center Building including next date upon which rent becomes due. Lessee hereby expressly waives the Leased Premisesprovision of Subsection 1 of Section 1932, that are damaged as a result and Sections 1941 and 1942 of the Lessee's use or negligence beyond reasonable wear Civil Code of California and tear and acts of God. The Lessee shall further be responsible for all extraordinary or routine maintenance of the Leased Premises. The Lessee shall not be responsible for any cost for rights to make repairs or maintenance incurred by the Lessor prior to the commencement of the initial term of this Lease. The Lessee shall, at the expiration expense of the term hereofLessor, surrender the Leased Premises to the Lessor as provided in as good condition and repair as at the commencement Section 942 of said term, except for reasonable wear and tear and acts of GodCivil Code. 2. The Lessee shall not alter, modify or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration of this Lease, belong to the Lessor without compensation to the Lessee. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor shall not be liable for any damage or injury to the Leased Premises or any property therein contained which may be sustained by the Lessee or any other party, whether by reason of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue of the Lessee's use or occupancy of the Leased Premises; and the Lessee shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by or under the Lessee, its employees, agents, or servants, and from any loss or damage arising from any fault or negligence or action on the part of the Lessee, its employees, agents, or servants. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this Lease. 5. The Lessee shall not be responsible for any act or practice, which occurred prior to commencement of the initial term of this Lease, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this Lease. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastrophe, in default of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) days.

Appears in 1 contract

Sources: Lease (Oratec Interventions Inc)

Repairs and Maintenance. 1. The Lessor shall TENANT will, at all times TENANT's sole cost and expense, keep the Demised Premises in good repair and tenantable condition during the term hereof, faithfully maintain and keep in good order and repair the sewer connections, plumbing work, heating and air conditioning apparatus, gas, electric, light and water fixtures and shall pay all costs or expenses necessary for keeping the Leased Premises and the appurtenances thereto in such order and repair. The Lessee shall further be responsible for repairing or replacing the Regional Skill Center Building including the Leased Premises, that are damaged as a result of the Lessee's use or negligence beyond reasonable wear and tear and acts of God. The Lessee shall further be responsible for all extraordinary or routine maintenance of the Leased Premises. The Lessee shall not be responsible for any cost for repairs or maintenance incurred by the Lessor prior to the commencement of the initial term of this Lease. The Lessee shallrepair and maintenance of the whole of the Demised Premises, including without limitation, the nonstructural interior portions of the Demised Premises; including storefronts, windows, doors, floor covering, plumbing, ventilation, heating and air conditioning systems, shall be the sole responsibility of the TENANT at the TENANT's expense. The TENANT will, at the expiration of the term hereof, surrender the Leased Premises to the Lessor in as good condition and repair as at the commencement of said term, except for reasonable wear and tear and acts of God. 2. The Lessee shall not alter, modify or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration of this Lease, belong to the Lessor without compensation to the Lessee. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor shall not be liable for any damage or injury to the Leased Premises or any property therein contained which may be sustained by the Lessee or any other party, whether by reason of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue of the Lessee's use or occupancy of the Leased Premises; and the Lessee shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by or under the Lessee, its employees, agents, or servants, and from any loss or damage arising from any fault or negligence or action on the part of the Lessee, its employees, agents, or servants. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this Lease. 5. The Lessee shall not be responsible for any act or practice, which occurred prior to commencement of the initial term of this Lease, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this Lease. 6, by lapse of time or otherwise, surrender the Premises in the same condition as when received, reasonable wear and tear excepted, and shall surrender all keys for the Premises to LANDLORD. Should TENANT shall remove all its trade fixtures leased equipment and any alterations or improvements which LANDLORD requests to be removed before surrendering the Leased Premises as aforesaid and shall repair any damage to the Premises caused thereby. Notwithstanding the foregoing, however, TENANT shall not be damaged required to remove improvements of a permanent nature such as walls, partitions, carpeting and painting, TENANT's obligation to observe or destroyed by fire, tornado, earthquake perform this covenant shall survive the expiration or other catastrophe, rendering the same unfit for conduct termination of the Lessee's business thereinterm of the Lease. The TENANT shall at its own cost and expense, enter into an annual contract for regularly scheduled preventive maintenance and repair, with a licensed maintenance contractor approved by the Lessor LANDLORD, for servicing and repair of all heating and air conditioning systems and equipment serving the Premises. Not later than thirty (30) days following the commencement of this Lease and annually thereafter, TENANT shall furnish to LANDLORD a copy of the air conditioning maintenance contract described above and proof that the annual premium for the maintenance has been paid. Notwithstanding the above, TENANT may elect alternatively maintain the heating and air conditioning systems servicing the Premises through employees of Tenant who are licensed to restore or rebuild maintain such systems. The service contract must include all services suggested by the Leased equipment manufacturer. The maintenance contractor shall keep a detailed record of all services performed on the Premises and prepare a yearly service report to be furnished to the condition existing before such catastrophe. Any restoration so undertaken by TENANT and the Lessor shall be LANDLORD at the Lessor's expense and end of each calendar year. The LANDLORD may, but shall not be completed within sixty (60) days from said catastropherequired to, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as TENANT, elect to enter into such maintenance/service contract on behalf of the date TENANT or perform the work itself, and in either case, charge TENANT therefore, together with a reasonable charge of overhead. The LANDLORD agrees to repair and maintain in good order and condition the roof, roof drains, exterior walls, parking lots, landscaping, exterior lighting and the structural integrity of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening interior and exterior of the catastrophe, in default of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) daysPremises.

Appears in 1 contract

Sources: Lease Agreement (Jabil Circuit Inc)

Repairs and Maintenance. 1. The Lessor shall at all times during the term hereof, faithfully Tenant will be obligated to maintain and keep in good order and repair the sewer connections, plumbing work, heating and air conditioning apparatus, gas, electric, light and water fixtures and shall pay all costs or expenses necessary for keeping the Leased Premises in perfect maintenance and the appurtenances thereto repair condition. Tenant undertakes to order at its own expense all repairs and maintenance work in such order and repair. The Lessee shall further be responsible for repairing or replacing the Regional Skill Center Building including the Leased Premises, including those due to old age, unless Tenant can demonstrate that these are major repairs in the literal and limited sense of Article 606 of the Civil Code, in which case such repairs will be paid by Landlord. The expenses of a possible expert investigation will be paid by Tenant. In particular, Tenant will replace, at its expense, all broken or cracked glass panes for any reason whatsoever, the repair of which is not paid by the insurers of the building. If the repairs are paid by the insurers of the building Tenant will participate up to the deductible specified in the insurance policy of the building. Tenant will repair and if needed replace the closing systems of the doors and windows, the hinges, handles, and faucets and toilets that are damaged as a result deteriorated for any reason whatsoever, regardless of the Lessee's use nature of the damage or negligence beyond reasonable wear defect. Tenant will maintain in good condition the internal paint and tear will preserve the water pipes, radiators and acts toilets from freezing. It will regularly clean the glass panes so as to always maintain them clean and will assure the maintenance of Godthe frames. Tenant will refrain from using the water pipes as grounding and making bypasses in the electrical conduits and cutting electric wires. The Lessee shall further length of the standby wires must be responsible at least thirty centimeters. Landlord may ask Tenant, by registered letter, to do the repairs under the responsibility of Tenant and complete them within two months from the date of the registered letter. Should Tenant not meet this requirement, Landlord reserves the right to cause such work to be done by a contractor of its choice at the exclusive expense of Tenant. In such case. Tenant undertakes to reimburse the full cost of the work without prejudice for all extraordinary damage for which Tenant will be held responsible due to the degradation or routine maintenance depreciation of the Leased Premises. The Lessee Only major repairs, as defined in the second paragraph of this article, shall not be borne by Landlord, and Tenant shall promptly report to Landlord, by registered letter, all major repairs for which Landlord is responsible. Failing to notify Landlord in a timely fashion will cause tenant to be held responsible for the resulting damage and any cost for repairs harmful consequences, and Landlord will not under any circumstances be liable in the absence of such notification. Tenant will suffer without compensation or maintenance incurred by reduction in rent the Lessor prior to execution of all repairs, modifications or improvements which Landlord may deem necessary or appropriate during the commencement of the initial term of this Lease. The Lessee shallcontract, at the expiration regardless of the term hereofduration of this work, surrender even if it lasts more than forty (40) days. Tenant agrees to bear in the Leased Premises same manner, the work to be performed on public roads or in nearby buildings, even though it would be a hindrance to the Lessor in as good condition and repair as at the commencement enjoyment of said term, except for reasonable wear and tear and acts of God. 2. The Lessee shall not alter, modify or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration of this Lease, belong to the Lessor without compensation to the Lessee. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor shall not be liable for any damage or injury to the Leased Premises or any property therein contained which may be sustained by the Lessee or any other party, whether by reason of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, unless it exercises personally a recourse against the administration, the contractor of the work or the condition neighboring owners, without Landlord ever being pursued or bothered in this regard. Tenant may not claim any compensation or reduction in rent in the event of any buildings thereoninconvenience, damage, interruption or temporary suspension of general services of the building resulting from repairs, alterations or improvements, or events due to causes beyond the control of Landlord. In particular, Landlord will not be, in any part thereofcase, or liable for inconvenience and damage resulting from any other cause arising by virtue the interruption of the Lessee's operation of one or other facilities for collective or private use existing in the building or occupancy of the Leased Premises; and the Lessee shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by or under the Lessee, its employees, agents, or servants, and from any loss or damage arising from any fault or negligence or action on the part of the Lessee, its employees, agents, or servants. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now regardless of their duration and cause. Tenant must allow access to Landlord or any other person designated by Landlord in effect or hereafter enacted, relating order to environmental protection or conduct inspections and repairs and check the disposition of hazardous substances. Any violation of this covenant shall be an event of default under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order or at the direction of the Lessor premises in its sole discretion. This covenant shall survive termination general by giving notice of this Leaseat least 24 hours sent by fax. 5. The Lessee shall not be responsible for any act or practice, which occurred prior to commencement of the initial term of this Lease, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this Lease. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastrophe, in default of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) days.

Appears in 1 contract

Sources: Civil Lease Contract (Techteam Global Inc)

Repairs and Maintenance. 118.1. The Lessor Landlord shall repair and maintain the structural and exterior portions and Common Area of the Building and the Project, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); base Building HVAC systems 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, Tenant shall at all times during the term hereof, faithfully Tenant’s sole cost and expense maintain and keep the Premises (including but not limited to the portion of the HVAC system that includes the first damper or isolation valve and extends into and through the Premises, any supplemental HVAC serving the Premises, and any other systems or equipment exclusively serving the Premises) and every part thereof in good order and repair the sewer connections, plumbing work, heating and air conditioning apparatus, gas, electric, light and water fixtures and shall pay all costs or expenses necessary for keeping the Leased Premises and the appurtenances thereto in such order condition and repair. The Lessee shall further be responsible for repairing or replacing the Regional Skill Center Building including the Leased Premises, that are damaged as a result of the Lessee's use or negligence beyond reasonable damage thereto from ordinary wear and tear excepted, and acts shall, within ten (10) days after receipt of Godwritten notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. The Lessee shall further be responsible for all extraordinary Tenant shall, upon the expiration or routine maintenance sooner termination of the Leased Premises. The Lessee shall not be responsible for Term, vacate and surrender the Premises to Landlord in broom-clean and vacant condition, with Tenant’s Property removed consistent with the terms of Section 17.7, and any cost for repairs or maintenance incurred damage caused by the Lessor prior to the commencement removal of the initial term of this Lease. The Lessee Tenant’s Property repaired, and shall, at Landlord’s request and al Tenant’s sole cost and expense, cure all violations of Tenant’s obligations under the expiration first sentence of Section 18.2 and remove all of Tenant’s telephone and data systems and their associated wiring and equipment from the Premises, and repair any damage to the Premises caused thereby (collectively, the “Surrender Obligations”), notwithstanding any Restoration Deposit. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the term hereof, surrender the Leased Premises to the Lessor in as good condition and repair as at the commencement of said term, except for reasonable wear and tear and acts of GodWork Letter. 218.3. The Lessee shall not alter, modify or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration of this Lease, belong to the Lessor without compensation to the Lessee. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor Landlord shall not be liable for any damage failure to make any repairs or injury to the Leased Premises or perform any property therein contained which may be sustained by the Lessee or any other party, whether by reason of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the Lessee's use need of such repairs or occupancy of maintenance. Notwithstanding the Leased Premises; and the Lessee foregoing, in no event shall indemnify and hold harmless the Lessor from Landlord be liable for any and all consequential damages, liabilities and expenses arising out of opportunity costs or lost profits incurred or suffered by Tenant in connection with the foregoing. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.4. If any improvement, alteration or repair on said building excavation shall be made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by upon land adjacent to or under the Lessee, its employees, agentsBuilding, or servantsshall 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 any loss injury or damage arising from and to support the same by proper foundations, without any fault claim for damages or negligence liability against Landlord and without reducing or action on the part of the Lessee, its employees, agents, or servants. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default otherwise affecting Tenant’s obligations under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this Lease. 518.5. The Lessee shall not be responsible for any act or practice, which occurred prior This Article relates to commencement repairs and maintenance arising in the ordinary course of operation of the initial term 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. Notwithstanding the foregoing, to the extent that the cost of such repairs and maintenance arising from Tenant’s acts, neglect, fault or omissions (but not gross negligence or willful misconduct) exceeds the limits of any insurance maintained or required to be maintained by Tenant pursuant to this Lease but are covered by insurance maintained or required to be maintained by Landlord under this Lease, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term of this Lease which may adversely affect the environment, whether then Landlord shall file a claim for such clean-up is excess pursuant to judicial Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice therefor (or, if Landlord has not obtained or administrative order. This covenant shall survive maintained the termination of insurance it is required to obtain and maintain pursuant to this Lease. 6. Should , Landlord shall pay such excess, other than what the Leased Premises be damaged or destroyed by firedeductible would have been had Landlord obtained and maintained the requisite insurance, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect which Tenant shall pay to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed Landlord within sixty thirty (6030) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as after receipt of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastrophe, in default of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) daysan invoice therefor).

Appears in 1 contract

Sources: Lease (Lyell Immunopharma, Inc.)

Repairs and Maintenance. 1. The Lessor shall at all times during the term hereof, faithfully maintain and keep in good order and repair the sewer connections, plumbing work, heating and air conditioning apparatus, gas, electric, light and water fixtures and shall pay all costs or expenses necessary for keeping Tenant accepts the Leased Premises and the appurtenances thereto in such order and repair. The Lessee shall further be responsible for repairing or replacing the Regional Skill Center Building including the Leased Premises, that are damaged as a result of the Lessee's use or negligence beyond reasonable wear and tear and acts of God. The Lessee shall further be responsible for all extraordinary or routine maintenance of the Leased Premises. The Lessee shall not be responsible for any cost for repairs or maintenance incurred by the Lessor prior to the commencement of the initial term of this Lease. The Lessee shall, at the expiration of the term hereof, surrender the Leased Premises to the Lessor in as good condition and repair as at the commencement of said term, except for reasonable wear and tear and acts of God. 2. The Lessee shall not alter, modify or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration of this Lease, belong to the Lessor without compensation to the Lessee. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor shall not be liable for any damage or injury to the Leased Premises or any property therein contained which may be sustained by the Lessee or any other party, whether by reason of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue of the Lessee's use or occupancy of the Leased Premises; and the Lessee shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by or under the Lessee, its employees, agents, or servants, and from any loss or damage arising from any fault or negligence or action on the part of the Lessee, its employees, agents, or servants. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this Lease. 5. The Lessee shall not be responsible for any act or practice, which occurred prior to commencement of the initial term of this Lease, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any ----------------------- condition on the Leased Premises prior to the commencement of the initial term of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this Lease. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of this Lease, without any express or implied representation or warranty, except as specified in this Lease. Tenant, at its sole expense, either (i) shall perform any repairs, replacements or maintenance necessary to maintain the catastrophe. The Lessor Leased Premises in good condition and working order and in compliance with all applicable laws or (ii) shall make any election herein granted within fifteen (15) days remove the Pump House from the happening Leased Premises. Tenant's right to remove the Pump House and the Pumping Equipment shall be subject to the Reciprocal Easement Agreement (as hereinafter defined), but, if Tenant removes the Pump House, Tenant shall, at Landlord's request, remove all of the catastrophePumping Equipment, including any Pumping Equipment located underground. Tenant, at its sole expense, shall restore the surface of Lot 5 to its original condition after performing any such repairs, replacements or maintenance or any such removal, and Tenant shall securely cap or close off all abandoned or inactive Pumping Equipment that Landlord permits to remain on Lot 5. If Tenant fails to perform any repairs, replacements, maintenance or removal which Tenant is required to perform under this Section 5, and if such failure continues for more than 30 days after Tenant receives written notice of such failure, then Landlord shall have the right, but not the obligation, to enter the Leased Premises and perform any such repairs, replacements, maintenance or removal at Tenant's expense, and Tenant shall reimburse Landlord for any costs and expenses incurred by Landlord in default connection with performing such repairs, replacements, maintenance or removal, within ten days after receiving a written invoice stating the amount of which electionsuch costs and expenses; provided, however, Landlord shall not remove the Lessee may cancel this Lease effective at Pump House without Tenant's prior written consent, and Landlord shall not remove the expiration of said fifteen (15) daysPumping Equipment without Tenant's prior written consent unless Tenant has previously removed the Pump House.

Appears in 1 contract

Sources: Purchase and Sale Agreement (Sycamore Networks Inc)

Repairs and Maintenance. 1. The Lessor shall Tenant shall, at all times during its sole expense, maintain the term hereof, faithfully maintain and keep Premises in good order condition and promptly make all repairs and replacements, whether structural or non-structural, necessary to keep the Premises safe and in good condition, including all utilities and other systems serving the Premises. Landlord shall maintain and repair the sewer connectionsBuilding structure, plumbing workfoundation, heating exterior walls, and air conditioning apparatusroof, gasand the Common Areas (including utilities and other systems serving the Property other than those located within a tenant's leased premises), electric, light and water fixtures the cost of which shall be included as an Operating Cost. Tenant shall not damage any demising wall or disturb the structural integrity of the Premises and shall promptly repair any damage or injury done to any such demising walls or structural elements caused by Tenant or its employees, agents, contractors, or invitees. If Tenant fails to maintain or repair the Premises, Landlord may enter the Premises and perform such repair or maintenance on behalf of Tenant. In such case, Tenant shall be obligated to pay to Landlord immediately upon receipt of demand for payment, as additional Rent, all costs or expenses necessary for keeping incurred by Landlord. Notwithstanding anything in this Section to the Leased Premises and the appurtenances thereto in such order and repair. The Lessee shall further be responsible for repairing or replacing the Regional Skill Center Building including the Leased Premisescontrary, that are damaged as a result of the Lessee's use or negligence beyond reasonable wear and tear and acts of God. The Lessee shall further be responsible for all extraordinary or routine maintenance of the Leased Premises. The Lessee Tenant shall not be responsible for any cost for repairs or maintenance incurred to the Premises made necessary by the Lessor prior to the commencement acts of the initial term of this LeaseLandlord or its agents, employees, contractors or invitees therein. The Lessee shall, at the Upon expiration of the term hereofLease term, whether by lapse of time or otherwise, Tenant shall promptly and peacefully surrender the Leased Premises Premises, together with all keys, to the Lessor Landlord in as good condition and repair as at the commencement of said termwhen received by Tenant from Landlord or as thereafter improved, except for reasonable wear and tear and acts of Godinsured casualty excepted. 2. The Lessee shall not alter, modify or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration of this Lease, belong to the Lessor without compensation to the Lessee. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor shall not be liable for any damage or injury to the Leased Premises or any property therein contained which may be sustained by the Lessee or any other party, whether by reason of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue of the Lessee's use or occupancy of the Leased Premises; and the Lessee shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by or under the Lessee, its employees, agents, or servants, and from any loss or damage arising from any fault or negligence or action on the part of the Lessee, its employees, agents, or servants. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this Lease. 5. The Lessee shall not be responsible for any act or practice, which occurred prior to commencement of the initial term of this Lease, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this Lease. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastrophe, in default of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) days.

Appears in 1 contract

Sources: Lease Agreement (Virage Logic Corp)

Repairs and Maintenance. 117.1. The Lessor Landlord shall repair and maintain the structural and exterior portions and Common Areas of the Buildings and the Project, including roofing and covering (structure and membrane) materials; foundations; exterior walls; plumbing; fire sprinkler systems (if any); heating, ventilating, air conditioning systems; elevators; and electrical systems installed or furnished by Landlord. 17.2. Except for services of Landlord, if any, required by Section 17.1, Tenant shall at all times during the term hereof, faithfully Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in good order and repair the sewer connections, plumbing work, heating and air conditioning apparatus, gas, electric, light and water fixtures and shall pay all costs or expenses necessary for keeping the Leased Premises and the appurtenances thereto in such order condition and repair. The Lessee shall further be responsible for repairing or replacing the Regional Skill Center Building including the Leased Premises, that are damaged as a result of the Lessee's use or negligence beyond reasonable damage thereto from ordinary wear and tear and acts of Godexcepted. The Lessee shall further be responsible for all extraordinary Tenant shall, upon the expiration or routine maintenance sooner termination of the Leased Premises. The Lessee shall not be responsible for any cost for repairs or maintenance incurred by Term, surrender the Lessor prior Premises to the commencement of the initial term of this Lease. The Lessee Landlord in as good a condition as when received, ordinary wear and tear excepted; and shall, at Landlord’s request, remove all telephone and data systems, wiring and equipment from the expiration of the term hereofPremises, surrender the Leased Premises and repair any damage to the Lessor in as good condition and repair as at the commencement of said term, except for reasonable wear and tear and acts of God. 2Premises caused thereby. The Lessee Landlord shall not have no obligation to alter, modify remodel, improve, repair, decorate or improve paint the Leased Premises without receiving the prior written consent of the Lessor and or any such alterationspart thereof, additions, improvements and fixtures (except trade fixtures) made or placed other than as described in or upon the Leased Premises shall, upon expiration of this Lease, belong to the Lessor without compensation to the LesseeExhibit C. 17.3. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor Landlord shall not be liable for any damage failure to make any repairs or injury to the Leased Premises or perform any property therein contained which may be sustained by the Lessee or any other party, whether by reason maintenance that is an obligation of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue Landlord unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the Lessee's use need of such repairs or occupancy of the Leased Premises; and the Lessee maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 17.4. If any excavation shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building be made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by upon land adjacent to or under the LesseeBuildings, or shall be authorized to be made, Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as said person shall deem necessary or desirable to preserve and protect the Buildings 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 to the extent Tenant’s Permitted Use of the Premises is not materially disrupted. 17.5. This Article relates to repairs and maintenance arising in the ordinary course of operation of the Buildings and the Project. In the event of a casualty described in Article 23, Article 23 shall apply in lieu of this Article. In the event of eminent domain, Article 24 shall apply in lieu of this Article. 17.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses, unless such costs are incurred due in whole or in part to any act, neglect, fault or omissions of Tenant or its employees, agents, contractors or servants, and from any loss or damage arising from any fault or negligence or action on the part of the Lessee, its employees, agents, or servants. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this Lease. 5. The Lessee shall not be responsible for any act or practice, which occurred prior to commencement of the initial term of this Lease, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this Lease. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastropheinvitees, in default which case Tenant shall pay to Landlord the cost of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) dayssuch repairs and maintenance.

Appears in 1 contract

Sources: Lease (Halozyme Therapeutics Inc)

Repairs and Maintenance. 115.01. The Lessor Notwithstanding anything contained herein to the contrary, Landlord shall at all times during the term hereof, faithfully maintain and keep in good order and repair the sewer connections, plumbing work, heating and air conditioning apparatus, gas, electric, light and water fixtures and shall pay all costs or expenses necessary for keeping the Leased Premises and the appurtenances thereto in such order and repair. The Lessee shall further be responsible for repairing or replacing the Regional Skill Center Building including the Leased Premises, that are damaged as a result of the Lessee's use or negligence beyond reasonable wear and tear and acts of God. The Lessee shall further be responsible for all extraordinary or routine maintenance of the Leased Premisescommon areas of the Lincoln Harbor Project, all which shall be maintained in accordance with standards reasonably satisfactory to Landlord and Tenant and in any event in accordance with the standards of a first-class office project in the northern New Jersey metropolitan area and with the provisions of the Reciprocal Construction Operation and Easement Agreement, to be entered into substantially in accordance with the draft dated March 5, 1986, between Landlord and the Township of Weehawken. The Lessee Landlord hereby covenants and agrees to use its best efforts to enforce in accordance with their terms, the provisions of all other agreements affecting the Lincoln Harbor Project. To the extent that Landlord shall not fail to maintain such common areas, upon thirty (30) days' prior written notice to Landlord (or such shorter notice as may be responsible reasonable in the event of an emergency) Tenant shall have the right to perform any such maintenance work on behalf of the Landlord and Landlord, promptly after receipt of demand therefor from Tenant, shall reimburse Tenant for any cost for repairs or maintenance expenses incurred by the Lessor prior to the commencement Tenant on behalf of the initial term of this Lease. The Lessee shallLandlord for such maintenance, together with interest thereon at the expiration Late Payment Rate, calculated from the date of expenditure by Tenant through the term hereof, surrender the Leased Premises to the Lessor in as good condition and repair as at the commencement date of said term, except for reasonable wear and tear and acts of Godrepayment by Landlord. 215.02. The Lessee shall not alter, modify or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed Except as otherwise expressly provided in or upon the Leased Premises shall, upon expiration of this Lease, belong Landlord shall have no liability to the Lessor without compensation to the Lessee. The Lessee will not permit Tenant, nor shall Tenant's covenants and obligations under this Lease be reduced or abated in any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with manner whatsoever, by reason of any such additionsinconvenience, improvementsannoyance, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor shall not be liable for any damage interruption or injury to the Leased Premises or business arising from Landlord's doing any property therein contained which may be sustained by the Lessee or any other partyrepairs, whether by reason of breakage, leakagemaintenance, or obstruction of water pipes, gas pipes, soil pipes changes which Landlord is required or other leakage in or about the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising permitted by virtue of the Lessee's use or occupancy of the Leased Premises; and the Lessee shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by or under the Lessee, its employees, agents, or servants, and from any loss or damage arising from any fault or negligence or action on the part of the Lessee, its employees, agents, or servants. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this Lease. 5. The Lessee shall not be responsible for any act or practice, which occurred prior to commencement of the initial term of this Lease, that would violate or required by law, to make in or to any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement portion of the initial term of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this LeaseDemised Premises. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastrophe, in default of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) days.

Appears in 1 contract

Sources: Ground Lease (Paine Webber Group Inc)

Repairs and Maintenance. 117.1. The Lessor Landlord shall repair and maintain the Project Common Areas, including, without limitation, repair and maintenance of landscaping, parking facilities, driveways, walkways, lighting, utilities, snow removal, irrigation and storm water management systems (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. 17.2. Except for services of Landlord, if any, required by Section 17.1, Tenant shall at Tenant’s sole cost and expense keep the Demised Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear and condemnation excepted. Tenant shall, upon the expiration or earlier termination of the Term, surrender the Demised Premises to Landlord in as good as condition as when received, condemnation and ordinary wear and tear excepted. Other than as specifically set forth in the Work Letter, Landlord shall have no obligation to alter, remodel, improve, repair, decorate, or paint the Demised Premises or any part thereof. 17.3. [Intentionally Omitted.] 17.4. Tenant shall at all times during the term hereof, faithfully Term maintain and keep operate the Building in good order a first-class manner for the uses set forth in Section 2.1.10. Landlord shall at all times during the Term maintain and repair operate the sewer connectionsProject in a first-class manner for (i) pharmaceutical, plumbing workbiological or medical device research laboratory uses and related manufacturing, heating warehouse and air conditioning apparatusdistribution uses, gas, electric, light or (ii) first-class office uses. 17.5. This Article 17 relates to repairs and water fixtures and shall pay all costs or expenses necessary for keeping maintenance arising in the Leased Premises and the appurtenances thereto in such order and repair. The Lessee shall further be responsible for repairing or replacing the Regional Skill Center Building including the Leased Premises, that are damaged as a result ordinary course of operation of the Lessee's use Building, the Project and any related facilities. In the event of fire, earthquake, flood, war, or negligence beyond reasonable wear and tear and acts similar cause of God. The Lessee shall further be responsible for all extraordinary damage or routine maintenance of the Leased Premises. The Lessee destruction, this Article 17 shall not be responsible for any cost for repairs or maintenance incurred by the Lessor prior to the commencement of the initial term of this Lease. The Lessee shall, at the expiration of the term hereof, surrender the Leased Premises to the Lessor in as good condition and repair as at the commencement of said term, except for reasonable wear and tear and acts of God. 2. The Lessee shall not alter, modify or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration of this Lease, belong to the Lessor without compensation to the Lessee. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor shall not be liable for any damage or injury to the Leased Premises or any property therein contained which may be sustained by the Lessee or any other party, whether by reason of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue of the Lessee's use or occupancy of the Leased Premises; applicable and the Lessee provisions of Article 21 entitled “Damage or Destruction” shall indemnify apply and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by or under the Lessee, its employees, agents, or servants, and from any loss or damage arising from any fault or negligence or action on the part of the Lessee, its employees, agents, or servantscontrol. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this Lease. 5. The Lessee shall not be responsible for any act or practice, which occurred prior to commencement of the initial term of this Lease, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this Lease. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastrophe, in default of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) days.

Appears in 1 contract

Sources: Lease Agreement (Qiagen Nv)

Repairs and Maintenance. 1. 9.1 The Lessor shall at all times during undertakes to maintain the term hereofexterior and public parts of the Demised Premises [and of the building], faithfully maintain including, without limitation, its foundations, pillars, beams, floors, roofs, terraces, walls and keep in good order other structural parts, its entrances, its common areas (including, without limitation, halls, corridors, elevators and repair stairways), its main sewers, drains, gutters, window and door casings, and the sewer connectionslike, plumbing work, its heating and air conditioning apparatusequipment, gasand toilets, electricand all building systems (including, light without limitation, plumbing and water fixtures electrical systems) in good repair and tenantable condition, including, without limitation, repainting and repairing [at intervals of two years OR specify frequency of maintenance service] and, when their condition warrants, earlier attention. For this purpose, and subject to UNHCR’s agreement, the Lessor shall pay have the right, upon reasonable prior notice to UNHCR, and at reasonable times, to enter, inspect and make any necessary repairs to the Demised Premises, and may enter the Demised Premises forthwith whenever reasonably necessary to make emergency repairs. All such work shall be carried out with minimal disruption to UNHCR. Any such maintenance or repair work shall be of a quality no less than the original work or construction. 9.2 In addition to the Lessor’s responsibility to maintain and repair all costs elevators in accordance with Article 9.1 hereof, the Lessor, upon request from UNHCR, shall provide UNHCR with the certificate(s) of maintenance and certificate(s) of inspection for any or expenses necessary for keeping all of the Leased elevators serving the areas and floors occupied by UNHCR. 9.3 UNHCR shall take reasonable care of the Demised Premises and the fixtures and appurtenances thereto in such order and repairtherein. The Lessee UNHCR shall further be responsible for repairing or replacing minor repairs to, and routine maintenance of, the Regional Skill Center Building including the Leased Premises, that are damaged as a result Demised Premises arising from its occupation and use of the Lessee's use or negligence beyond reasonable wear Demised Premises during the term of this Lease, [NOTE: it may be useful to insert a financial cap for UNHCR’s obligation under this Article to maintain the Demised Premises.] Such minor repairs include the routine repair of locks, windows, doors, floors, fittings, lightings, appurtenances and tear and acts of Godsanitary ▇▇▇▇. The Lessee shall further be responsible for all extraordinary or routine maintenance of the Leased Premises. The Lessee UNHCR shall not be responsible for any cost for repairs or maintenance incurred by the Lessor prior to the commencement of the initial term of this Lease. The Lessee shall, at the expiration of the term hereof, surrender the Leased Premises to the Lessor in as good condition and repair as at the commencement of said term, except for (i) reasonable wear and tear and tear; (ii) obsolescence; (iii) damage by the elements or circumstances over which UNHCR has no control; (iv) damage caused by, or resulting from, any acts of God. 2. The Lessee shall not alter, modify or improve the Leased Premises without receiving the prior written consent omissions of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration of this Lease, belong to the Lessor without compensation to the Lessee. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor shall not be liable for any damage or injury to the Leased Premises or any property therein contained which may be sustained by the Lessee or any other party, whether by reason of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue of the Lessee's use or occupancy of the Leased Premises; and the Lessee shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by or under the Lessee, its employees, agents, or servants, and from any loss or damage arising from any fault or negligence or action on the part of the Lessee, its employeesofficers, agents, or servantssubcontractors; or (v) damages or defects set out in the Vacancy Inspection Letter described in Article 3 above. 4. 9.4 The Lessee will not causeLessor undertakes and agrees to maintain the sidewalks of [the Demised Premises] OR [of the building] in good repair and free of [ice, or permit snow and] any obstruction and to accept all liability in connection therewith. 9.5 [DELETE this clause unless the building is to be caused, any act or practice, by negligence, omission or otherwise, shared with other occupants:] The Lessor undertakes that would violate any federal, state or local laws, regulations or guidelines applicable to no part of the Leased Premises, now building in effect or hereafter enacted, relating to environmental protection or which the disposition of hazardous substances. Any violation of this covenant Demised Premises are located shall be an event of default under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial let or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this Lease. 5. The Lessee shall not be responsible used for any act illegal purpose or practicefor gambling and, which occurred prior in considering potential tenants or any activities to commencement of the initial term of this Lease, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now take place in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this Lease. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business thereinbuilding, the Lessor may elect to restore or rebuild shall take into account that UNHCR is a tenant in the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Demised Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastrophe, in default of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) days.

Appears in 1 contract

Sources: Lease Agreement

Repairs and Maintenance. 118.1. Landlord shall repair and maintain the structural and exterior portions and Common Area of the Building and the Project, including, without limitation, roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); base Building HVAC systems up to the first damper or isolation valve that serves the Premises (for purposes of clarity, 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. The Lessor Common Areas shall at all times during the term hereof, faithfully maintain and keep be maintained in good order and repair condition and in compliance with the sewer connectionsADA except to the extent compliance is required due solely to any Alterations, plumbing workthe Tenant Improvements, heating or Tenant’s particular use of the Premises, as opposed to office use generally. 18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s sole cost and air conditioning apparatusexpense maintain and keep the Premises (including but not limited to the portion of the HVAC system that includes the first damper or isolation valve and extends into and through the Premises, gasany supplemental HVAC serving the Premises, electric, light and water fixtures any other systems or equipment exclusively serving the Premises) and shall pay all costs or expenses necessary for keeping the Leased Premises and the appurtenances thereto every part thereof in such order good condition and repair. The Lessee shall further be responsible for repairing or replacing the Regional Skill Center Building including the Leased Premises, that are damaged as a result of the Lessee's use or negligence beyond reasonable damage thereto from ordinary wear and tear and acts damage by casualty excepted, and shall, within ten (10) days after receipt of Godwritten notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. The Lessee shall further be responsible for all extraordinary Tenant shall, upon the expiration or routine maintenance sooner termination of the Leased Premises. The Lessee shall not be responsible for any cost for repairs or maintenance incurred by the Lessor prior to the commencement of the initial term of this Lease. The Lessee shall, at the expiration of the term hereofTerm, surrender the Leased Premises to the Lessor Landlord in as good a condition and repair as at the commencement of said termwhen received, except for reasonable ordinary wear and tear and acts damage by casualty excepted and the Tenant Improvements in substantially the same condition as existed upon Substantial Completion of Godthe Tenant Improvements (as the same may be modified during the Term in accordance with this Lease); 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 (with respect to wiring, only to the extent installed by a Tenant Party (as defined below)), and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter. 218.3. The Lessee shall not alter, modify or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration of this Lease, belong to the Lessor without compensation to the Lessee. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor Landlord shall not be liable for any damage failure to make any repairs or injury to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.4. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall afford to the Leased 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 property therein contained which may be sustained by claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease; provided, however, that to the Lessee extent such excavation prevents Tenant from ingress or any other partyegress to or from the Premises, whether by reason prevents Tenant from use of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, or otherwise renders the condition of any buildings thereonPremises untenantable for a period longer than thirty (30) days, or any part thereof, or from any other cause arising by virtue then the Rent shall be abated proportionately to reflect the portion of the Lessee's Premises that Tenant is unable to use or occupancy (and such abatement shall be Tenant’s sole and exclusive remedy against Landlord). 18.5. This Article relates to repairs and maintenance arising in the ordinary course of operation of the Leased Premises; Building and the Lessee Project. In the event of a casualty described in Article 24, Article 24 shall indemnify and hold harmless apply in lieu of this Article. In the Lessor from any and all damagesevent of eminent domain, liabilities and expenses arising out Article 25 shall apply in lieu of any improvementthis Article. 18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses, alteration or repair on said building made by except to the Lessee, and from any and everything whatsoever arising from or out of occupancy by or under the Lessee, its employees, agents, or servants, and from any loss or damage arising from any fault or extent such costs are due to Landlord’s gross negligence or action on the part of the Lessee, its employees, agents, or servantswillful misconduct. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this Lease. 5. The Lessee shall not be responsible for any act or practice, which occurred prior to commencement of the initial term of this Lease, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this Lease. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastrophe, in default of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) days.

Appears in 1 contract

Sources: Lease (Epizyme, Inc.)

Repairs and Maintenance. 1. The Lessor (a) Operator, at its sole cost and expense, shall at all times during the term hereofmanage, faithfully maintain and keep in good order and promptly repair the sewer connectionsExisting Plant including, plumbing workwithout limitation, heating and air conditioning all machinery, equipment, fixtures, apparatus, gaslines, electricpipes, light sidewalks, passageways, roadways, curbs, parking areas and water fixtures landscaping, and all personal property used in the operation of the Existing Plant, and shall pay all costs keep them in as good condition, ordinary wear and tear excepted, as they exist upon the Term Commencement Date or expenses necessary for keeping upon their subsequent installation, as the Leased Premises and the appurtenances thereto in such order and repair. The Lessee case may be, provided, however, that Owner shall further be responsible for repairing the maintenance and repair of the portions of the Existing Plant (i) reserved for the exclusive use of Owner, but only to the extent that such maintenance and repair is necessary principally because of Owner's use, or replacing the Regional Skill Center Building including the Leased Premises, that (ii) which are damaged or require unusual or extraordinary maintenance or repair as a result solely of Owner's use of the Lessee's use or negligence beyond reasonable wear and tear and acts of GodExisting Plant. The Lessee Without limiting the foregoing, Operator shall further be responsible for all extraordinary or routine maintenance maintain the capability of the Leased PremisesExisting Plant to start up from a dead start, without utility power. The Lessee "Repair" shall not include replacement, restoration and renewal when necessary. Operator's obligations under this Article apply to all repairs, interior and exterior, structural and non-structural, ordinary and extraordinary, and foreseen and unforeseen. All repairs made by Operator shall be responsible for of good quality and class. Operator shall do all necessary shoring of foundations and walls of any cost for repairs or maintenance incurred by the Lessor prior to the commencement structures of the initial term Existing Plant and every other act or thing for the safety and preservation of this Lease. The Lessee shall, at the expiration them and any other part of the term hereof, surrender the Leased Premises to the Lessor in as good condition and repair as at the commencement of said term, except for reasonable wear and tear and acts of God. 2. The Lessee shall not alter, modify or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration of this Lease, belong to the Lessor without compensation to the Lessee. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor shall not be liable for any damage or injury to the Leased Premises or any property therein contained Existing Plant which may be sustained by the Lessee or any other party, whether necessary by reason of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes any excavation or other leakage in building operation upon any adjoining property or about street, alleyway or passageway. Operator shall manage and maintain the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue of the Lessee's use or occupancy of the Leased Premises; Existing Plant as would a prudent owner and the Lessee shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by or under the Lessee, its employees, agents, or servants, and from any loss or damage arising from any fault or negligence or action on the part of the Lessee, its employees, agents, or servants. 4. The Lessee will not causecommit, or permit to be causedcommitted, any act waste or practiceany nuisance on them, by negligenceor permit any part of the Existing Plant to be used for any dangerous, omission noxious or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default under this Lease. The Lessee assumes sole responsibility foroffensive purpose, and will indemnify the Lessor with respect to, the complete clean-up of shall not permit any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant damaged improvement to judicial or administrative order or remain at the direction Existing Plant for an unreasonable period of time. Without limiting the generality of the Lessor foregoing and the provisions of Section 7.02, Operator shall repair and maintain the Existing Plant in its sole discretion. This covenant shall survive termination of accordance with the minimum requirements set forth in Exhibit D attached to this LeaseAgreement. 5. The Lessee shall not be responsible for any act or practice, which occurred prior to commencement of the initial term of this Lease, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this Lease. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastrophe, in default of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) days.

Appears in 1 contract

Sources: Operating Agreement (Project Orange Capital Corp)

Repairs and Maintenance. 1. The Lessor shall at all times during the term hereof, faithfully maintain With respect to repair and keep in good order and repair the sewer connections, plumbing work, heating and air conditioning apparatus, gas, electric, light and water fixtures and shall pay all costs or expenses necessary for keeping the Leased Premises and the appurtenances thereto in such order and repair. The Lessee shall further be responsible for repairing or replacing the Regional Skill Center Building including the Leased Premises, that are damaged as a result of the Lessee's use or negligence beyond reasonable wear and tear and acts of God. The Lessee shall further be responsible for all extraordinary or routine maintenance of the Leased Premises. The Lessee shall not be responsible for any cost for repairs or maintenance incurred by the Lessor prior to the commencement of the initial term of this Lease. The Lessee shall, at the expiration of the term hereof, surrender the Leased Premises to the Lessor in as good condition and repair as at the commencement of said term, except for reasonable wear and tear and acts of God.obligations: 2. The Lessee shall not alter, modify or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixturesA) made or placed in or upon the Leased Premises shall, upon expiration of this Lease, belong to the Lessor without compensation to the Lessee. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor shall not be liable for any damage or injury to the Leased Premises or any property therein contained which may be sustained by the Lessee or any other party, whether by reason of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue of the Lessee's use or occupancy of the Leased Premises; and the Lessee shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by or under the Lessee, its employees, agents, or servants, and from any loss or damage arising from any fault or negligence or action on the part of the Lessee, its employees, agents, or servants. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant ’s Obligation to judicial or administrative order or at the direction of the Lessor in its sole discretionRepair and Maintain. This covenant Tenant shall survive termination of this Lease. 5. The Lessee shall not be responsible for any act repairing and maintaining the Demised Premises in good condition and of making such modification or practicereplacements thereof as may be necessary or required by law or ordinance, which occurred prior specifically including but not limited to commencement the followings: - Foundation and structural components of the initial term of this Leasebuilding - Roof, that would violate any federalGutters and downspouts - Exterior walls (but excluding windows, state or local lawsdoors, regulations or guidelines applicable to window and door frames, glass) - Parking Lot, Driveway and Sidewalks Tenant shall keep and maintain the Leased PremisesDemised Premises in good repair and order at all times. Tenant shall be responsible for the maintenance, now in effect or hereafter enactedrepair and replacement of, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect but not limited to, the complete cleanfollowing: - Heating, ventilation and air-up conditioning systems - Windows, doors, window and door frames, glass - Plumbing - Electrical Systems - Doors and operation efficiencies thereof B) Remodeling. Tenant shall not do the following: - Paint, decorate, or any way change the exterior (or the appearance) of any condition on the Leased Demised Premises without prior written consent of Landlord. - Remodel, make additions, alterations or structural changes to the commencement interior of the initial term Demised Premises without prior written consent of this Lease Landlord, which may adversely affect the environmentconsent will not be unreasonably withheld. - Remove, whether such clean-up is pursuant to judicial penetrate or administrative order. This covenant shall survive the termination of this Lease. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct otherwise alter any of the Lessee's business thereinstructural interior or Exterior walls without prior written consent of Landlord. - Enter upon the roof or install or place any equipment, lines, wires, displays, advertising or anything else whatsoever thereon without the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastropheprior written consent of Landlord, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease consent may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastrophedenied, in default of which election, the Lessee may cancel this Lease effective conditioned or withheld at the expiration of said fifteen (15) daysLandlord’s sole discretion.

Appears in 1 contract

Sources: Lease Agreement (UC Asset LP)

Repairs and Maintenance. 1. The Lessor (a) Landlord shall at all times during its expense and not as an Operating Expense, repair and maintain the term hereoffoundation and structural portions of the Building. Landlord shall, faithfully as an Operating Expense (except as excluded herein), repair and maintain the exterior roof, the nonstructural components of the exterior walls of the Building and keep the improvements within the Common Areas including without limitation any sidewalks, landscaping (including but not limited to irrigation systems and backflow prevention devices), parking areas, fences and signs (other than Tenant’s signs). Subject to the waivers set forth in good order Paragraph 15, to the extent any such maintenance and repair repairs are caused in part or in whole by the sewer connectionsact, plumbing workneglect or omission of any duty by Tenant or Tenant’s employees, heating and air conditioning apparatusagents, gascontractors or invitees, electric, light and water fixtures and then Tenant shall pay all costs 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, ceiling or expenses necessary for keeping the Leased Premises and the appurtenances thereto in such order and repairdoors, nor shall Landlord be required to maintain, repair or replace interior doors, interior glass, skylights (if any) or plate glass. The Lessee Landlord shall further be responsible for repairing or replacing the Regional Skill Center Building including the Leased Premises, that are damaged as have no obligation to make repairs under this Paragraph 10.1(a) until a result reasonable time after receipt of written notice of the Lessee's use need for such repairs (or negligence beyond reasonable wear verbal notice in the event of an emergency). Landlord shall maintain, repair or patch the roof membrane as an Operating Expense, and tear and acts of God. The Lessee Tenant shall further be responsible for all extraordinary or routine maintenance pay Tenant’s Share of the Leased Premisescost thereof, pursuant to Paragraph 4.2 above. The Lessee Landlord shall not be responsible for any cost for repairs or maintenance incurred by the Lessor prior have no obligation to the commencement of the initial term of this Lease. The Lessee shall, at the expiration of the term hereof, surrender the Leased Premises to the Lessor in as good condition and repair as at the commencement of said term, except for reasonable wear and tear and acts of God. 2. The Lessee shall not alter, modify remodel, improve, decorate or improve paint the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration of this Lease, belong to the Lessor without compensation to the Lessee. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor shall not be liable for any damage or injury to the Leased Premises or any property therein contained which may be sustained by the Lessee or any other party, whether by reason of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any except as expressly provide in Exhibit C. Subject to Paragraphs 13(b) and 25.19 and other cause arising by virtue of the Lessee's use or occupancy of the Leased Premises; and the Lessee shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by or under the Lessee, its employees, agents, or servants, and from any loss or damage arising from any fault or negligence or action on the part of the Lessee, its employees, agents, or servants. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default under this Lease. The Lessee assumes sole responsibility for, and will indemnify the Lessor with respect to, the complete clean-up of any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order or at the direction of the Lessor in its sole discretion. This covenant shall survive termination of this Lease. 5. The Lessee shall not be responsible for any act or practice, which occurred prior to commencement of the initial term express provisions of this Lease, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Building, the Premises or parking areas or in or to fixtures, appurtenances and equipment therein. Landlord shall use commercially reasonable efforts to coordinate such work with Tenant and perform such work in such a manner as to reasonably minimize the disruption of Tenant’s use of the Premises. Tenant expressly waives the benefits of any statute (including, without limitation, the provisions of subsection 1 of Section 1932, Section 1941 and Section 1942 of the California Civil Code and any similar law, statute or ordinance now or hereafter in effect) which would otherwise afford Tenant the right to make repairs at Landlord’s expense (or to deduct the cost of such repairs from rent due hereunder) or to terminate this Lease, except as expressly provided in this Lease. Notwithstanding the foregoing, in the event Landlord materially defaults in its obligation to repair or maintain the Building or the Premises as required, then Tenant may effect said repair or maintenance and deduct from rent an amount not to exceed the lesser of $75,000 or the reasonable and verifiable costs of said repair or maintenance, provided that would violate any federal(A) not less than thirty (30) days (or such shorter time as reasonably required in the event of a repair or maintenance problem that materially impacts Tenant’s operations within the Premises) prior to effecting such repair or maintenance, state Tenant delivers to Landlord written notice of the need for such repair or local lawsmaintenance and of Tenant’s intention to effect such repair or maintenance, regulations and (B) within thirty (30) days following Tenant’s notice (or guidelines applicable such shorter time as reasonably required in the event of a repair or maintenance problem that materially impacts Tenant’s operations within the Premises), Landlord fails to effect such repair or maintenance or, if such repair or maintenance requires longer than thirty (30) days to complete, Landlord has failed to take reasonable and diligent steps to effect such repair or maintenance and to proceed to pursue such repair or maintenance to completion. (b) Except to the Leased Premisesextent included within Landlord’s maintenance and repair obligations under Paragraph 10.1(a) above, now Tenant, at Tenant’s sole cost and expense, shall keep, maintain and preserve the Premises in effect or hereafter enactedgood condition and repair (reasonable wear and tear excepted) and shall, relating promptly make all non-structural repairs and replacements to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility forPremises and every part thereof, including but not limited to floors, ceilings, interior windows and doors, skylights (if any), interior walls, and will indemnify the Lessee with respect tointerior surfaces of the exterior walls, the complete clean-up of any condition on the Leased Premises prior plumbing, heating, air conditioning and ventilating equipment, telecommunications equipment and intrabuilding network cabling, and electrical and lighting facilities and equipment including circuit breakers. Tenant shall have access to the commencement roof of the initial term Building to perform its HVAC and related maintenance obligations. In the event Tenant fails to perform Tenant’s obligations under this Paragraph, Landlord shall give Tenant notice to do such acts as Landlord deems are reasonably required to so maintain the Premises. If Tenant, within ten (10) days after notice from Landlord, fails to commence to do the work and diligently prosecute it to completion, then Landlord shall have the right (but not the obligation) to do such acts and expend such funds at the expense of this Lease which may adversely affect the environment, whether Tenant as are reasonably required to perform such clean-up is pursuant work. Any reasonable amount so expensed by Landlord shall be paid by Tenant promptly after demand as Additional Rent. Subject to judicial or administrative order. This covenant shall survive the termination Paragraphs 13(b) and 25.19 and other express provisions of this Lease. 6. Should , Landlord shall have no liability to Tenant for any damage, inconvenience or interference with the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct use of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before by Tenant as a result of performing any such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastrophe, in default of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) dayswork.

Appears in 1 contract

Sources: Lease Agreement (Calix Networks Inc)

Repairs and Maintenance. 118.1. The Lessor Landlord shall repair and maintain the structural and exterior portions and Common Area of the Building and the Project, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); 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, Tenant shall at all times during the term hereof, faithfully Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in good order and repair the sewer connections, plumbing work, heating and air conditioning apparatus, gas, electric, light and water fixtures and shall pay all costs or expenses necessary for keeping the Leased Premises and the appurtenances thereto in such order condition and repair. The Lessee shall further be responsible for repairing or replacing the Regional Skill Center Building including the Leased Premises, that are damaged as a result of the Lessee's use or negligence beyond reasonable damage thereto from ordinary wear and tear excepted, and acts shall, within ten (10) days after receipt of Godwritten notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. The Lessee shall further be responsible for all extraordinary Tenant shall, upon the expiration or routine maintenance sooner termination of the Leased Premises. The Lessee shall not be responsible for any cost for repairs or maintenance incurred by Term, surrender the Lessor prior Premises to the commencement of the initial term of this Lease. The Lessee Landlord in as good a condition as when received, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove any furniture existing in the expiration Premises as of the term hereofExecution Date, surrender all telephone and data systems, wiring and equipment from the Leased Premises Premises, and repair any damage to the Lessor Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than as described in as good condition and repair as at the commencement of said term, except for reasonable wear and tear and acts of GodArticle 4. 218.3. The Lessee shall not alter, modify or improve the Leased Premises without receiving the prior written consent of the Lessor and any such alterations, additions, improvements and fixtures (except trade fixtures) made or placed in or upon the Leased Premises shall, upon expiration of this Lease, belong to the Lessor without compensation to the Lessee. The Lessee will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessee. The Lessor will not permit any mechanics or other liens to be established or remain against the Leased Premises for labor or materials furnished in connection with any such additions, improvements, repairs, or replacements made by the Lessor. 3. The Lessor Landlord shall not be liable for any damage failure to make any repairs or injury to the Leased Premises or perform any property therein contained which may be sustained by the Lessee or any other party, whether by reason of breakage, leakage, or obstruction of water pipes, gas pipes, soil pipes or other leakage in or about the Leased Premises, or the condition of any buildings thereon, or any part thereof, or from any other cause arising by virtue maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the Lessee's use need of such repairs or occupancy of the Leased Premises; and the Lessee maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.4. If any excavation shall indemnify and hold harmless the Lessor from any and all damages, liabilities and expenses arising out of any improvement, alteration or repair on said building be made by the Lessee, and from any and everything whatsoever arising from or out of occupancy by upon land adjacent to or under the Lessee, its employees, agentsBuilding, or servantsshall 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 any loss injury or damage arising from and to support the same by proper foundations, without any fault claim for damages or negligence liability against Landlord and without reducing or action on the part of the Lessee, its employees, agents, or servants. 4. The Lessee will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. Any violation of this covenant shall be an event of default otherwise affecting Tenant’s obligations under this Lease. The Lessee assumes sole responsibility for, and Landlord will indemnify the Lessor with respect to, the complete clean-up of endeavor to cause any condition on the Leased Premises arising out of ▇▇▇▇▇▇'s occupancy which may adversely affect the environment, whether such clean-up is parties performing work pursuant to judicial or administrative order or at the direction this Section 18.4 to use commercially reasonable efforts to minimize interference with Tenant’s use and occupancy of the Lessor in its sole discretionPremises. 18.5. This covenant 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 survive termination apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article. 18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses, unless expressly excluded under the terms, conditions and provisions of this Lease. 5. The Lessee shall not be responsible for any act or practice, which occurred prior to commencement of the initial term of this Lease, that would violate any federal, state or local laws, regulations or guidelines applicable to the Leased Premises, now in effect or hereafter enacted, relating to environmental protection or the disposition of hazardous substances. The Lessor assumes sole responsibility for, and will indemnify the Lessee with respect to, the complete clean-up of any condition on the Leased Premises prior to the commencement of the initial term of this Lease which may adversely affect the environment, whether such clean-up is pursuant to judicial or administrative order. This covenant shall survive the termination of this Lease. 6. Should the Leased Premises be damaged or destroyed by fire, tornado, earthquake or other catastrophe, rendering the same unfit for conduct of the Lessee's business therein, the Lessor may elect to restore or rebuild the Leased Premises to the condition existing before such catastrophe. Any restoration so undertaken by the Lessor shall be at the Lessor's expense and shall be completed within sixty (60) days from said catastrophe, during which time this Lease shall remain in effect. Should the Lessor elect not to restore the Leased Premises, or be unable to do so, then this Lease may be terminated by either party upon written notice to the other effective as of the date of the catastrophe. The Lessor shall make any election herein granted within fifteen (15) days from the happening of the catastrophe, in default of which election, the Lessee may cancel this Lease effective at the expiration of said fifteen (15) days.

Appears in 1 contract

Sources: Lease (Unity Biotechnology, Inc.)