Repairs and Maintenance. 18.1. Other than Condominium Common Areas located at the Property, if any, that are to be maintained by the Association pursuant to the Declaration (which, if Landlord controls the Association, Landlord shall cause the Association to maintain in accordance with the Declaration), 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; common fire sprinkler systems (if any); common heating, ventilating, air conditioning systems; common elevators; exterior windows, and common electrical systems. 18.2. Except for services of Landlord, if any, required by Section 18.1 hereof, Tenant will take good care of the Premises and the fixtures and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvements, all so as to keep the Premises in a first class condition and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereof. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repair, subject to normal wear and tear (provided Tenant shall not be obligated to repaint the Premises during the last two (2) years of the Term, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant and consented to in writing by Landlord. Tenant shall, at Tenant’s expense, but under the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to the Premises or Building caused by the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out of the Premises. Tenant shall be responsible for all janitorial service and trash removal from the Premises. Tenant covenants and agrees, at its sole cost and expense: (a) to comply with all present and future laws, orders and regulations of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s sole cost and expense, utilizing a contractor satisfactory to Landlord; and (e) that Tenant shall pay all costs, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with the provisions of this Section. 18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. In the event that Landlord timely fails to make a repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenance. 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 provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted Use. 18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. 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. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereof, to the extent that the cost of such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions 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, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice therefor.
Appears in 2 contracts
Sources: Lease Agreement (Spark Therapeutics, Inc.), Lease Agreement (Spark Therapeutics, Inc.)
Repairs and Maintenance. 18.1. Other than Condominium Common Areas located at the Property, if any, that are to be maintained by the Association pursuant to the Declaration (which, if Landlord controls the Association, Landlord 13.01 Tenant shall cause the Association to maintain in accordance with the Declaration), 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; common fire sprinkler systems (if any); common heating, ventilating, air conditioning systems; common elevators; exterior windows, and common electrical systems.
18.2. Except for services of Landlord, if any, required by Section 18.1 hereof, Tenant will take good care of the Demised Premises and the fixtures fixtures, equipment and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and 25 hereof)appurtenances therein, and (b) replacements to the Tenant Improvements, all so as to keep the Premises in a first class condition and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereof. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repair, subject to normal wear and tear (provided Tenant shall not be obligated to repaint the Premises during the last two (2) years of the Term, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant and consented to in writing by Landlord. Tenant shall, at Tenant’s expense, but under the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to the Premises or Building caused by the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out of the Premises. Tenant shall be responsible for all janitorial service and trash removal from the Premises. Tenant covenants and agrees, at 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 (a) to comply with all present and future lawsunless caused by negligence of Landlord, orders and regulations of the Federalits agents, State, county, municipal employees or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse contractors (collectively, “trashLandlord Parties”); , except for reasonable wear and tear, including, without limitation, as shall be required by reason of (bi) the performance or existence of Tenant’s Changes (not to comply with include Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort Work and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from notifies Tenant any waste upon plan approval that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s Changes will trigger this obligation), (ii) the installation, use or operation of Tenant’s Property in the Demised Premises, (iii) the moving of Tenant’s Property in or out of the Building, or (iv) the misuse or neglect of Tenant or any of its employees, agents or contractors. Tenant, at its sole cost and expense, utilizing a contractor satisfactory shall replace all scratched, damaged or broken doors or other glass in or about the Demised Premises and shall be responsible for all repairs, maintenance and replacement of wall and floor coverings in the Demised Premises and for the repair and maintenance of all lighting fixtures therein. If and when reasonably necessary Landlord shall be responsible for and shall make all repairs and replacements to Landlord; the sidewalks adjacent to the Building, subsurface conditions and (e) that Tenant structural elements of the Building and Building systems.
13.02 Except as expressly otherwise provided in this Lease, Landlord shall pay all costs, expenses, fines, penalties or damages that may be imposed on Landlord or have no liability to Tenant by reason of Tenantany inconvenience, annoyance, interruption or injury to business arising from Landlord’s failure to comply with the provisions of this Section.
18.3. Landlord shall not be liable for any failure to make making any repairs or to perform any maintenance that changes which Landlord 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 required or maintenance. In the event that Landlord timely fails to make a repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to permitted by this Lease, Tenant may notify Landlord of such failure andor required by law, if Landlord does not to make the repair in or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenance.
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 provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted Use.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
18.6. This Article relates to repairs and maintenance arising in the ordinary course of operation portion of the Building and or the Project. In Demised Premises, or in or to the event fixtures, equipment or appurtenances of a casualty described in Article 24the Building or the Demised Premises, Article 24 shall apply in lieu including, without limitation, any repairs and/or changes to the Building and/or the Demised Premises for purposes of this Article. In obtaining the event certificate of eminent domain, Article 25 shall apply in lieu of this Articleoccupancy for the Building.
18.7. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject 13.03 Subject to the provisions of Section 23.7 hereofArticles 20 and 21 herein should any action of Landlord prevent Tenant from utilizing at least seventy-five (75%) percent of the Demised Premises for more than five (5) consecutive business days, the Fixed Rent shall ▇▇▇▇▇ until Tenant is able to resume the extent that use at least twenty-five (25%) percent of the cost Demised Premises. Should Tenant be prevented from utilizing at least seventy-five (75%) percent of such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions exceeds the limits of any insurance maintained or required Demised Premises for more than sixty (60) days Tenant shall have the right to be maintained by Tenant pursuant to terminate this Lease but are covered by insurance maintained or required giving written notice to be maintained by Landlord under this Lease, then Landlord shall file a claim no later than seventieth (70th) consecutive days and vacating no later than what would the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for such excess pursuant Tenant as to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice thereforboth dates.
Appears in 2 contracts
Sources: Lease Agreement (Blue Apron Holdings, Inc.), Lease Agreement (Blue Apron Holdings, Inc.)
Repairs and Maintenance. 18.1. Other than Condominium Common Areas located at the Property, if any, that are to be maintained by the Association pursuant to the Declaration (which, if Landlord controls the Association, Landlord shall cause the Association to maintain in accordance with the Declaration), 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; common fire sprinkler and electrical systems (if any); common heating, ventilating, air conditioning systems; common elevators; exterior windows, and common electrical systemsinstalled 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 hereof18.1, Tenant will take good care of the Premises and the fixtures and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvements, all so as to keep the Premises in a first class condition and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereof. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repair, subject to normal wear and tear (provided Tenant shall not be obligated to repaint the Premises during the last two (2) years of the Term, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant maintain and consented to in writing by Landlord. Tenant shall, at Tenant’s expense, but under the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to keep the Premises or Building caused by the misuse or neglect and every part thereof by Tenantin good condition and repair, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out of the Premisesdamage thereto from ordinary wear and tear excepted. Tenant shall be responsible for all janitorial service and trash removal from the Premises. Tenant covenants and agreeshire, at its sole cost and expense: (a) to comply with all present and future laws, orders and regulations of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s sole cost and expense, utilizing (a) a licensed heating, ventilating and air conditioning contractor satisfactory to Landlordregularly and periodically (not less frequently than every three (3) months) inspect and perform required maintenance on the heating, ventilating and air conditioning equipment and systems serving the Premises, 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 Additional Rent, the cost thereof. 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 on the Term Commencement Date (subject to ordinary wear and tear); and (e) that Tenant shall pay all costsshall, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of at Landlord’s request and Tenant’s failure sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises, and repair any damage to comply with 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 this Sectionthe Work Letter.
18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. In the event that Tenant notifies Landlord timely fails that the flood mitigation system at the Project needs improvements or repairs, Landlord shall use commercially reasonable efforts to make prevent flooding at the Project within a repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the reasonable period of time reasonably required (so long as Landlord begins the repair after receiving such notification. Tenant waives its rights under Applicable Laws now or maintenance within such period and diligently prosecutes the same hereafter in effect to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such make repairs or maintenance, Tenant shall notify Landlord of Tenantat Landlord’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenanceexpense.
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 provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted UseLease.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
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.
18.718.6. Unless Except as otherwise expressly excluded from Operating Expenses pursuant to the terms hereofset forth in Section 9.1(c), costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereof, to the extent that the cost of such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions 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, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice therefor.
Appears in 2 contracts
Sources: Lease (Ambit Biosciences Corp), Lease (Ambit Biosciences Corp)
Repairs and Maintenance. 18.1. Other than Condominium Common Areas located at the Property, if any, that are to be maintained by the Association pursuant to the Declaration (which, if Landlord controls the Association, Landlord shall cause the Association to maintain in accordance with the Declaration), Landlord shall repair and maintain the structural and exterior portions and Common Areas Area of the Building and the Project, including roofing and covering materials; foundationsfoundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; common fire sprinkler systems (if any); common heatingbase Building HVAC systems up to the first damper or isolation valve that serves the Premises (for purposes of clarity, ventilatingthe portion of the HVAC system that includes such first damper or isolation valve and extends into and through the Premises, air conditioning systemsand 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); common elevators; exterior windows, and common base Building electrical systemssystems installed or furnished by Landlord.
18.2. Except for services of Landlord, if any, required by Section 18.1 hereof18.1, Tenant will take good care of the Premises and the fixtures and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvements, all so as to keep the Premises in a first class condition and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereof. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repair, subject to normal wear and tear (provided Tenant shall not be obligated to repaint the Premises during the last two (2) years of the Term, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons maintain and keep the Premises (including but not limited to the portion of the HVAC system that includes the first damper or contractors selected by Tenant isolation valve and consented extends into and through the Premises, any supplemental HVAC serving the Premises, and any other systems or equipment exclusively serving the Premises) and every part thereof in good condition and repair, within ten (10) days after receipt of written notice from Landlord, provide to in writing by LandlordLandlord any maintenance records that Landlord reasonably requests. Tenant shall, at Tenant’s expenseupon the expiration or sooner termination of the Term, but under the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to surrender the Premises or Building caused by the misuse or neglect thereof by Tenantto Landlord in as good a condition as when received, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out of the Premises. Tenant shall be responsible for all janitorial service ordinary wear and trash removal from the Premises. Tenant covenants tear excepted; and agreesshall, at its sole cost and expense: (a) to comply with all present and future laws, orders and regulations of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort request and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s sole cost and expense, utilizing remove all telephone and data systems, wiring and equipment from the Premises (with respect to wiring, only to the extent installed by a contractor satisfactory Tenant Party (as defined below)), and repair any damage to Landlord; and (e) that Tenant the Premises caused thereby. Landlord shall pay all costshave no obligation to alter, expensesremodel, finesimprove, penalties repair, decorate or damages that may be imposed on Landlord paint the Premises or Tenant by reason of Tenant’s failure to comply with the provisions of this Sectionany part thereof.
18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. In the event that Landlord timely fails Tenant waives its rights under Applicable Laws now or hereafter in effect to make a repair or perform maintenance inside the Premises that is repairs at Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenanceexpense.
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 provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted UseLease.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
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.
18.718.6. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereof, to the extent that the cost of such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions 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, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice therefor.
Appears in 2 contracts
Sources: Lease (Pandion Therapeutics Holdco LLC), Lease (Pandion Therapeutics Holdco LLC)
Repairs and Maintenance. 18.1. Other than Condominium Common Areas located Tenant shall, at the Property, if any, that are to be maintained by the Association pursuant to the Declaration (which, if Landlord controls the Association, Landlord shall cause the Association to maintain in accordance with the Declaration), 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; common fire sprinkler systems (if any); common heating, ventilating, air conditioning systems; common elevators; exterior windows, and common electrical systems.
18.2. Except for services of Landlord, if any, required by Section 18.1 hereof, Tenant will take good care of the Premises and the fixtures and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvements, all so as to keep the Premises in a first class condition and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereof. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repair, subject to normal wear and tear (provided Tenant shall not be obligated to repaint the Premises times during the last two (2) years Term of the Term, as it may be extended). All building standard bulbs, tubes this Lease and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense expense, maintain and repair the Premises and every part thereof and all equipment, fixtures and improvements therein (including the roof, windows, glass, plate glass, doors, special fronts, entries, the interior surfaces of exterior walls, interior walls, floors, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing fixtures and equipment, electrical components and mechanical systems, and replacements thereof) and keep all of the foregoing clean and in good order and operating condition, ordinary wear and tear excepted. Tenant shall keep the entire Premises sufficiently heated to avoid the bursting of pipes or other damage to the Premises. Tenant shall not damage the Premises or disturb the integrity and support provided by persons or contractors selected by Tenant and consented to in writing by Landlordany wall. Tenant shall, at Tenant’s expense, but under the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to the Premises or Building caused by the misuse Tenant or neglect thereof by any agent, officer, employee, contractor, licensee or invitee of Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on . Tenant shall take good care of the Premises by Tenantand keep the Premises free from dirt, rubbish, waste and debris at all times. Tenant shall not overload the floors in the Premises or by Tenant moving exceed the load-bearing capacity of the floors in or out of the Premises. Tenant shall shall, at Tenant’s expense, enter into a regularly scheduled preventative maintenance and service contract with a maintenance contractor approved in writing by Landlord (such approval not to be responsible unreasonably withheld, conditioned or delayed) for servicing all janitorial service hot water, heating and trash removal from air conditioning systems and equipment in the Premises. The maintenance and service contract shall include all services suggested by the equipment manufacturer and shall become effective (and Tenant covenants and agrees, at its sole cost and expense: (a) to comply with all present and future laws, orders and regulations of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s sole cost and expense, utilizing shall deliver a contractor satisfactory copy to Landlord; and (e) that Tenant shall pay all costs, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with the provisions of this Section.
18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. In the event that Landlord timely fails to make a repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period Delivery Date. Tenant and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and maintenance contractor shall reasonably coordinate with Landlord and any other tenants of at all times conduct maintenance on the Project that may be affected the need for such repairs or maintenance.
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 HVAC equipment at 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 that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted Use.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit all Federal, state or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
18.6. This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Projectlocal laws. In the event of a casualty described in Article 24replacement of a part or portion of the HVAC equipment which is warranted by the manufacturer and/or guaranteed by the installer, Article 24 Tenant shall apply in lieu provide the Landlord with a duplicate original of this Articlethe warranty and/or guarantee. In Tenant shall, at the event end of eminent domain, Article 25 shall apply in lieu the Term of this Article.
18.7. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereof, to the extent that the cost of such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions 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, then surrender to Landlord shall file a claim for such excess pursuant to Landlordthe Premises and all alterations, additions, fixtures and improvements therein or thereto in the same condition as when received, ordinary wear and tear excepted and ▇▇▇▇▇▇’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice thereforpersonal property excepted.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement
Repairs and Maintenance. 18.1. Other than Condominium Common Areas located 7.1 Tenant shall generally maintain and repair the Leased Premises, in a good and workmanlike manner, and shall, at the Property, if any, that are to be maintained by the Association pursuant to the Declaration (which, if Landlord controls the Association, Landlord shall cause the Association to maintain in accordance with the Declaration), Landlord shall repair and maintain the structural and exterior portions and Common Areas expiration of the Building and term, deliver the Project, including roofing and covering materials; foundations; exterior walls; plumbing; common fire sprinkler systems (if any); common heating, ventilating, air conditioning systems; common elevators; exterior windows, and common electrical systems.
18.2. Except for services of Landlord, if any, required by Section 18.1 hereof, Tenant will take good care of the Premises and the fixtures and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvements, all so as to keep the Leased Premises in a first class condition good order and state of repaircondition, subject to normal wear and tear, and will neither commit nor suffer any active damages by fire or permissive waste or injury thereof. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited tocasualty, the regular painting elements and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repair, subject to normal ordinary wear and tear (provided excepted. Tenant covenants and agrees that it shall not cause or permit any waste, damage or disfigurement to the Leased Premises, or any overloading of the floors. Tenant shall not be obligated maintain and make all repairs to repaint the Premises during floor surface, plumbing and electrical systems including all ballasts and fluorescent fixtures located within the last two (2) years of the Term, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Leased Premises, as and the same may change from time to timeentire HVAC system. All such repair work and maintenance and any alterations permitted by Landlord shall be done at responsible for repairs necessary to the roof, exterior and load-bearing walls, and electric and plumbing systems to the point where they enter the Leased Premises, unless repair is necessitated by any act of Tenant’s sole cost and expense by persons , or contractors selected by Tenant and consented to in writing by Landlord. its agents, employees or contractors.
7.2 The Tenant shall, at Tenant’s expense, but under the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to the Premises or Building caused by the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out of the Premises. Tenant shall be responsible for all janitorial service and trash removal from the Premises. Tenant covenants and agrees, at its sole cost and expense: (a) to comply with all present and future laws, orders and regulations of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s sole own cost and expense, utilizing a contractor satisfactory to Landlord; and (e) that Tenant shall pay all costsutility meter and service charges, expensesincluding gas, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with water and electric servicing the provisions of this Section.
18.3Leased Premises. Landlord shall have the option to install, at its own cost, a separate water meter and invoice Tenant directly for its water usage. The Tenant agrees to maintain all leased areas at a minimum temperature of 45 degrees, excluding cold rooms on other rooms specifically designed for a lower temperature, to prevent the freezing of domestic water and sprinkler pipes. Tenant shall not be liable for store any failure items outside the Leased Premises, and shall deliver its garbage and recyclables to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure the central receiving area on the lot. Tenant shall persist for dispose of all hazardous/medical waste with an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. In the event that Landlord timely fails to make a repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure and, if approved hauler at its own cost.
7.3 Landlord does not make the repair warrant that any services Landlord or perform the maintenance within thirty (30) days after Landlord’s receipt any public utilities supply will not be interrupted. Services maybe interrupted because of such notice (oraccidents, if such repair repairs, alterations, improvements or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants reason beyond the reasonable control of the Project that may be affected the need for such repairs or maintenance.
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 provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted Use.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for not including the maintenance, repair and replacement gross negligence of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereofagents.
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. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereof, to the extent that the cost of such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions 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, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice therefor.
Appears in 2 contracts
Sources: Lease Agreement (Ligand Pharmaceuticals Inc), Lease Agreement (Pharmacopeia Inc)
Repairs and Maintenance. 18.1. Other than Condominium Common Areas (a) The Tenant shall, at its expense (save and except as provided in Section 6.1(e) below as to certain capital repairs and replacements required during the last twenty-four (24) months of the Term), diligently and in a good and workmanlike manner perform such maintenance, repairs and replacements as are required to keep the Demised Premises (including the structural components thereof), including the Building Systems and all Services located at in, on or about the PropertyDemised Premises (including parking areas, driveways, roadways, service areas, and facilities, including those outside the Demised Premises such as sidewalks, boulevards, off-site utility and service connections and in respect of areas and Services shared by users of the Demised Premises and users of other properties, if any, that are to be maintained by the Association pursuant in each case to the Declaration (which, if extent the Landlord controls is required to perform or contribute to the Association, Landlord shall cause same as a result of its ownership of the Association to maintain Demised Premises) in accordance with the Declaration), Landlord shall repair and maintain Building Standard. Without limiting the structural and exterior portions and Common Areas generality of the Building foregoing, and without notice or demand from the Landlord, the Tenant shall:
(i) maintain and keep, or cause to be maintained and kept, in a good state of repair the Demised Premises, all systems therein and the ProjectLeasehold Improvements, and promptly make all needed repairs and replacements, including roofing and covering materials; foundations; exterior walls; plumbing; common fire sprinkler systems (if any); common heating, ventilating, air conditioning systems; common elevators; exterior windows, and common electrical systems.
18.2. Except for services of Landlord, if any, required by Section 18.1 hereof, Tenant will take good care of the Premises and the fixtures and improvements therein (including, without limitation, all wallsthe structure, doorsfoundations, ceilings and lighting fixturesroof or roof membrane;
(ii) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvements, all so as to keep the Demised Premises in a first class condition well painted, clean and tidy condition, and not permit wastepaper, garbage, ashes, waste or objectionable material to accumulate thereon or in or about the Demised Premises, other than in areas designated by the Landlord;
(iii) repair all damage in the Demised Premises resulting from any misuse, excessive use or installation, alteration, or removal of Leasehold Improvements, fixtures, furnishings or equipment;
(iv) maintain and keep the sidewalks, parking areas, driveways and landscaping in a good state of repair, subject and in a clean and tidy condition. With respect to normal wear the sidewalks, parking areas and tear, and will neither commit nor suffer any active or permissive waste or injury thereof. Tenant’s responsibilities driveways such state shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, all related lineskeeping same free from accumulation of dirt, conduitsrubbish, pipessnow and ice. With respect to parking areas and driveways, cabling, connections and the like, located outside of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith such state shall also include, but not be limited to, the regular painting include repaving and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repair, subject to normal wear and tear (provided Tenant shall not be obligated to repaint the Premises during the last two (2) years of the Term, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change restriping from time to time. All With respect to landscaping, such state shall include without limitation landscaping in such condition as a careful owner would do including the replacement of lawn and landscaping where the Tenant has failed to care for such lawn and landscaping as a careful owner would do; and
(v) at the expiration or sooner determination of the Term, peaceably surrender and yield up unto the Landlord the Demised Premises in good and substantial repair work and maintenance and condition.
(b) The obligations of the Tenant in paragraph (a) above are subject to the following exceptions: (i) injury caused by or resulting from any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons Gross Negligence or contractors selected by Tenant and consented to in writing by Landlord. Tenant shall, at Tenant’s expense, but under willful misconduct of the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to the Premises or Building caused by the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customersits servants, employees, licenseescontractors or those for whom the Landlord is in law responsible (other than Tenant Parties); and (ii) the provisions of Article 10 hereof.
(c) The Landlord may, agentssubject to compliance with the Tenant’s reasonable security and health and safety requirements and, or invitees permitted or invited (whether subject to all Gaming Authority Requirements, enter the Demised Premises accompanied by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out a representative of the PremisesTenant during business hours upon reasonable prior Notice to view the state of repair and condition thereof and the Tenant shall promptly perform according to the Landlord’s Notice any maintenance, repairs or replacements in accordance with the Tenant’s obligations hereunder. The Tenant shall be responsible for all janitorial service the reasonable costs of such inspection and trash removal from any required re-inspections to confirm the Premises. Tenant covenants and agrees, at its sole cost and expense: (a) to comply with all present and future laws, orders and regulations of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with LandlordTenant’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; compliance.
(d) that Landlord reserves If the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s sole cost and expense, utilizing a contractor satisfactory to Landlord; and (e) that Tenant shall pay all costs, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with the provisions of this Section.
18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. In the event that Landlord timely fails to make a maintain, repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance replace as provided herein within thirty (30) days after of receipt of the Landlord’s receipt Notice in respect of such notice (ormaintenance, if such repair or maintenance canreplacement, the Landlord has the right, but not reasonably be completed with such periodthe obligation, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period to do so, and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its all reasonable out-of-pocket costs for performing and expenses incurred by the Landlord plus an administrative fee of fifteen (15%) percent of such reasonable costs and expenses shall be payable by the Tenant forthwith after Notice as Additional Rent.
(e) The obligations of the Tenant with respect to the capital repair and/or replacement in respect of the Demised Premises during the last twenty-four (24) months of the Term shall be limited to those set out in Article 9, Article 10 and this Section 6.1(e). To the extent that capital replacements or repairs, the cost of which are reasonably expected to exceed [One Million Dollars ($1,000,000)][NTD: $1,000,000 in the case of Starlight, $1,500,000 in the case of Cascades, and $2,500,000 in the case of Grand Villa], should need to be made to the Demised Premises during the last twenty-four (24) months of the Term in order to maintain the Demised Premises in accordance with the Building Standards, Tenant may elect, by Notice to Landlord (a “Capital Repair Notice”), not to make such capital repair or replacement, and, subject to Article 9 and Article 10 hereof and the other provisions of this Section 6.1(e), the same within thirty shall not constitute a default hereunder. For the sake of clarity, to the extent that capital replacements or repairs, the cost of which are reasonably expected not to exceed [One Million Dollars (30$1,000,000)][NTD: $1,000,000 in the case of Starlight, $1,500,000 in the case of Cascades, and $2,500,000 in the case of Grand Villa], should need to be made to the Demised Premises during the last twenty-four (24) days after months of the Term in order to maintain the Demised Premises in accordance with the Building Standards, Tenant shall make such capital replacements or repairs at its sole cost. Upon receipt of an invoice from such a Capital Repair Notice, Landlord may elect (but shall be under no obligation) to make such capital replacement or repair at its expense, in which event Tenant thereforshall cooperate with Landlord to permit Landlord to do so, or Landlord may elect (but shall not be obligated to do so) to have Tenant perform such capital repairs or replacements at Landlord’s expense. If Landlord makes such capital repairs or replacements, or pays to have Tenant do so as aforesaid, then, the reasonable cost to finance same shall be amortized over the useful life of the improvements and the Tenant shall pay, as Additional Rent, the portion of such amortized amount attributable to the remaining Term of the Lease, in monthly installments. Notwithstanding anything in this Section the foregoing to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenance.
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 provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted Use.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and all events Tenant shall be responsible for (and shall pay for):
(i) repairs or replacements caused by perils which the Tenant is required to pay its Pro Rata Share of such amounts as are assessed insure against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
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. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 9.1 hereof or otherwise insures against;
(ii) repairs or replacements attributable to defects in the original design or construction of the Tenant’s work described in Section 7.1 hereof, to the extent that the cost of such ;
(iii) repairs and maintenance or replacements caused by work performed by or on behalf of the Tenant’s ;
(iv) repairs or replacements caused by the acts, neglect, fault omissions or omissions exceeds negligence of the limits Tenant or Tenant Parties or by its or their misuse of the Demised Premises or parts thereof;
(v) repairs or replacements caused by the failure of the Tenant to complete any insurance maintained maintenance or repairs which the Tenant is required to be maintained by Tenant pursuant to perform under the terms of this Lease but Lease; and
(vi) repairs or replacements which are covered by insurance maintained any warranty assigned to the Tenant or required to that would be maintained covered by Landlord under this Lease, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord warranty were it not for the deductible therefor within thirty (30) days after receipt acts or omissions of an invoice thereforthe Tenant.
Appears in 2 contracts
Sources: Agreement of Purchase and Sale (GTWY Holdings LTD), Agreement of Purchase and Sale (Gateway Casinos & Entertainment LTD)
Repairs and Maintenance. 18.1. Other than Condominium Common Areas located at the Property, if any, that are to be maintained by the Association pursuant to the Declaration (which, if Landlord controls the Association, Landlord shall cause the Association to maintain in accordance with the Declaration), 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; common fire sprinkler systems (if any); common heating, ventilating, air conditioning systems; common elevators; exterior windows, and common electrical systemssystems installed or furnished by Landlord in good condition and repair.
18.2. Except for services of Landlord, if any, required by Section 18.1 hereof18.1, Tenant will take good care of the Premises and the fixtures and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvements, all so as to keep the Premises in a first class condition and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereof. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repair, subject to normal wear and tear (provided Tenant shall not be obligated to repaint the Premises during the last two (2) years of the Term, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant maintain and consented to keep the Premises and every part thereof in writing by Landlordgood condition and repair, damage thereto from ordinary wear and tear excepted. Tenant shall, at Tenant’s expenseupon the expiration or sooner termination of the Term, but under the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to surrender the Premises or Building caused by the misuse or neglect thereof by Tenantto Landlord in as good a condition as when received, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out of the Premises. Tenant shall be responsible for all janitorial service ordinary wear and trash removal from the Premises. Tenant covenants tear excepted; and agreesshall, at its sole cost and expense: (a) to comply with all present and future laws, orders and regulations of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort request and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s sole cost and expense, utilizing a contractor satisfactory remove all telephone and data systems, wiring and equipment from the Premises, and repair any damage to Landlord; and (e) that Tenant the Premises caused thereby. Landlord shall pay all costshave no obligation to alter, expensesremodel, finesimprove, penalties repair, decorate or damages that may be imposed on Landlord paint the Premises or Tenant by reason of Tenant’s failure to comply with the provisions of this Sectionany part thereof.
18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. In the event that Landlord timely fails Tenant waives its rights under Applicable Laws now or hereafter in effect to make a repair or perform maintenance inside the Premises that is repairs at Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenanceexpense.
18.4. If Provided Landlord uses commercially reasonable efforts to minimize interference with Tenant’s use, if any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage 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 that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted UseLease.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
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.
18.718.6. Unless otherwise expressly excluded from Operating Expenses pursuant Subject to the terms hereofSection 9.1(c), costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereof, to the extent that the cost of such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions 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, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice therefor.
Appears in 2 contracts
Repairs and Maintenance. 18.1. Other than Condominium Common Areas located at the Property, if any, that are to be maintained by the Association pursuant to the Declaration (which, if Landlord controls the Association, Landlord 13.01 Tenant shall cause the Association to maintain in accordance with the Declaration), 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; common fire sprinkler systems (if any); common heating, ventilating, air conditioning systems; common elevators; exterior windows, and common electrical systems.
18.2. Except for services of Landlord, if any, required by Section 18.1 hereof, Tenant will take good care of the Demised Premises and the fixtures fixtures, equipment and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and 25 hereof)appurtenances therein, and (b) replacements to the Tenant Improvements, all so as to keep the Premises in a first class condition and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereof. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repair, subject to normal wear and tear (provided Tenant shall not be obligated to repaint the Premises during the last two (2) years of the Term, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant and consented to in writing by Landlord. Tenant shall, at Tenant’s expense, but under the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to the Premises or Building caused by the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out of the Premises. Tenant shall be responsible for all janitorial service and trash removal from the Premises. Tenant covenants and agrees, at 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 (a) to comply with all present and future lawsunless caused by negligence of Landlord, orders and regulations of the Federalits agents, State, county, municipal employees or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse contractors (collectively, “trashLandlord Parties”); , except for reasonable wear and tear, including, without limitation, as shall be required by reason of (bi) the performance or existence of Tenant’s Changes (not to comply with include Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort Work and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from notifies Tenant any waste upon plan approval that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s Changes will trigger this obligation), (ii) the installation, use or operation of Tenant’s Property in the Demised Premises, (iii) the moving of Tenant’s Property in or out of the Building, or (iv) the misuse or neglect of Tenant or any of its employees, agents or contractors. Tenant, at its sole cost and expense, utilizing a contractor satisfactory shall replace all scratched, damaged or broken doors or other glass in or about the Demised Premises and shall be responsible for all repairs, maintenance and replacement of wall and floor coverings in the Demised Premises and for the repair and maintenance of all lighting fixtures therein. If and when reasonably necessary Landlord shall be responsible for and shall make all repairs and replacements to Landlord; the sidewalks adjacent to the Building, subsurface conditions and (e) that Tenant structural elements of the Building and Building systems.
13.02 Except as expressly otherwise provided in this Lease, Landlord shall pay all costs, expenses, fines, penalties or damages that may be imposed on Landlord or have no liability to Tenant by reason of Tenantany inconvenience, annoyance, interruption or injury to business arising from Landlord’s failure to comply with the provisions of this Section.
18.3. Landlord shall not be liable for any failure to make making any repairs or to perform any maintenance that changes which Landlord 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 required or maintenance. In the event that Landlord timely fails to make a repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to permitted by this Lease, Tenant may notify Landlord of such failure andor required by law, if Landlord does not to make the repair in or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenance.
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 provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted Use.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
18.6. This Article relates to repairs and maintenance arising in the ordinary course of operation portion of the Building and or the Project. In Demised Premises, or in or to the event fixtures, equipment or appurtenances of a casualty described in Article 24the Building or the Demised Premises, Article 24 shall apply in lieu including, without limitation, any repairs and/or changes to the Building and/or the Demised Premises for purposes of this Article. In obtaining the event certificate of eminent domain, Article 25 shall apply in lieu of this Articleoccupancy for the Building.
18.7. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject 13.03 Subject to the provisions of Section 23.7 hereofArticles 20 and 21 herein should any action of Landlord prevent Tenant from utilizing at least seventy-five (75%) percent of the Demised Premises for more than five (5) consecutive business days, the Fixed Rent shall ▇▇▇▇▇ until Tenant is able to resume the extent that use at least twenty-five (25%) percent of the cost Demised Premises. Should Tenant be prevented from utilizing at least seventy-five (75%) percent of such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions exceeds the limits of any insurance maintained or required Demised Premises for more than sixty (60) days Tenant shall have the right to be maintained by Tenant pursuant to terminate this Lease but are covered by insurance maintained or required giving written notice to be maintained by Landlord under this Leaseno later than seventieth (70th) consecutive days and vacating no later than what would the ninetieth (90th) consecutive day, then Landlord shall file a claim TIME BEING OF THE ESSENCE for such excess pursuant Tenant as to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice thereforboth dates.
Appears in 2 contracts
Sources: Lease Agreement (Blue Apron Holdings, Inc.), Lease Agreement (Blue Apron Holdings, Inc.)
Repairs and Maintenance. 18.1. Other than Condominium Common Areas located at Tenant’s repair and maintenance obligations include, without limitation, repairs to and maintenance of (a) the Propertyroof, if any, that are to be maintained by foundation and structural elements of the Association pursuant to the Declaration Building; (which, if Landlord controls the Association, Landlord shall cause the Association to maintain in accordance with the Declarationb) mechanical (including HVAC), Landlord shall repair electrical, plumbing and maintain the structural and exterior portions and Common Areas of fire/life safety systems serving the Building and Premises in general; (c) the Projectlawn, including roofing walkways and covering materialsparking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road, Tucker, Georgia 6 of the Premises; foundations(d) the Easement Areas; (e) interior and exterior wallswalls and doors of the Building; plumbing; common fire sprinkler systems (if any); common heating, ventilating, air conditioning systems; common elevators; f) interior and exterior windows; (g) any elevators serving the Building; (h) floor covering, interior partitions, kitchens, bathrooms and common electrical systems.
18.2. Except for services of Landlord, if any, required by Section 18.1 hereof, Tenant will take good care of the Premises and the fixtures and improvements therein restrooms (including, without limitation, all wallshot water heaters and similar facilities, doorssystems and/or equipment); (i) electronic, ceilings fiber, phone and lighting fixturesdata cabling, wiring and related equipment (collectively, “Cable”); (j) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and 25 hereof), supplemental air conditioning units; and (bk) replacements to the Tenant Improvements, all so as to keep the Premises in a first class condition and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereof. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installationsAlterations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises that were installed by any Initial Alterations. If Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repair, subject to normal wear and tear (provided Tenant shall not be obligated to repaint the Premises during the last two (2) years of the Term, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant and consented to in writing by Landlord. Tenant shall, at Tenant’s expense, but under the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to the Premises or Building caused by the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out of the Premises. Tenant shall be responsible for all janitorial service and trash removal from the Premises. Tenant covenants and agrees, at its sole cost and expense: (a) to comply with all present and future laws, orders and regulations of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s sole cost and expense, utilizing a contractor satisfactory to Landlord; and (e) that Tenant shall pay all costs, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with the provisions of this Section.
18.3. Landlord shall not be liable for any failure fails to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. In the event that Landlord timely fails to make a repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within thirty for more than fifteen (3015) days after Landlord’s receipt of such notice from Landlord (or, if such repair or maintenance canalthough notice shall not reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)in an emergency), Tenant Landlord may perform make the repair or maintenance repairs, and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of pay the Project that may be affected the need for such repairs or maintenance.
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 provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted Use.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The reasonable cost of the foregoing items shall be included repairs, together with an administrative charge in Common Expenses in accordance with the Declaration and Tenant shall be responsible an amount equal to pay its Pro Rata Share fifteen percent (15%) of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
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. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereof, to the extent that the cost of such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions exceeds the limits of any insurance maintained or required to be maintained by Tenant pursuant to this Lease but are covered repairs. To the extent Landlord is not reimbursed by insurance maintained or required to be maintained by Landlord under this Leaseproceeds, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty cost of repairing damage to the Building caused by Tenant’s failure to maintain the insurance coverage required by this Lease and/or caused the acts of Tenant, Tenant Related Parties (30as hereinafter defined) days after receipt and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) of an invoice thereforthe cost of the repairs.
Appears in 2 contracts
Sources: Commercial Lease Agreement, Commercial Lease Agreement (Video Display Corp)
Repairs and Maintenance. 18.1. Other than Condominium Common Areas located at the PropertyExcept as otherwise provided in this Article, if any, that are to be maintained by the Association pursuant to the Declaration (which, if Landlord controls the Association, Landlord shall cause the Association to maintain in accordance with the Declaration), 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; common fire sprinkler systems (if any); common heating, ventilating, air conditioning systems; common elevators; exterior windows, and common electrical systems.
18.2. Except for services of Landlord, if any, required by Section 18.1 hereof, Tenant will take good care of the Premises and the fixtures and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvements, all so as to keep the Premises in a first class condition and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereof. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repair, subject to normal wear and tear (provided Tenant shall not be obligated to repaint the Premises during the last two (2) years of the Term, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant and consented to in writing by Landlord. Tenant shall, at Tenant’s expense, but under the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to the Premises or Building caused by the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out of the Premises. Tenant shall be responsible for all janitorial service and trash removal from the Premises. Tenant covenants and agrees, at its sole cost and expense: , shall maintain each of the Demised Properties and each part thereof, structural and non-structural, in good 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. Without limitation, (a) no Repairs shall result in any structural damage to comply with all present and future lawsany Demised Properties or any injury to any persons, orders and regulations of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) Tenant shall ensure that the quality of materials and workmanship of any Repairs meets or exceeds the quality of materials and workmanship of the Improvements prior to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable lawthe 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 sort maintain, replace, upgrade, or repair any portion of the Demised Properties, including any structural items, roof or roofing materials, or any aboveground or underground storage tanks, and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves Tenant hereby expressly waives the right to refuse to collect make Repairs at the expense of Landlord, which right may be provided for in any applicable Law now or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s sole cost and expense, utilizing a contractor satisfactory hereinafter in effect. In addition to Landlord; ’s rights under Section 15.02, if Tenant fails or neglects to commence and (e) diligently proceed
1. [***] Indicates material that Tenant shall pay all costs, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply has been omitted and for which confidential treatment has been requested. All such omitted material has been filed with the provisions of this Section.
18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation Securities and Exchange Commission pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord Rule 24b-2 under the Securities and Exchange Act of 1934, as amended. with written notice of the need of such repairs all Repairs or maintenance. In the event that Landlord timely fails to make a repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long fulfill its other obligations as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same set forth above within thirty (30) days after receipt of an invoice written notice of the need therefor from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs Landlord or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of Person describing the Project that applicable Repair or other obligation, then Landlord or its agents may be affected the need for such repairs or maintenance.
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 Demised Properties for the purpose of performing making such work as such person shall deem necessary Repairs 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 that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted Use.
18.5fulfilling those obligations. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible pay to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
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. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs expenses incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereof, to the extent that the cost as a consequence of such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions 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, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice thereforactions.
Appears in 2 contracts
Sources: Master Land and Building Lease (Getty Realty Corp /Md/), Master Land and Building Lease (Getty Realty Corp /Md/)
Repairs and Maintenance. 18.114.01. Other than Condominium Common Areas located Landlord shall at its expense, maintain the PropertyBuilding in good repair and condition, if any, that are to be maintained by the Association pursuant including but not limited to the Declaration (which, if Landlord controls the Association, Landlord shall cause the Association to maintain in accordance with the Declaration), Landlord shall maintenance and repair and maintain the structural and exterior portions and Common Areas of the Building and the Projectroof, including roofing and covering materials; foundations; exterior walls; plumbing; common fire sprinkler systems (if any); common foundation, air conditioning, heating, ventilating, air conditioning systems; common elevators; exterior windowsplumbing and electrical systems and structural components. Tenant will not in any manner deface or injure the Building, and common electrical systems.
18.2will 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. Except for services of Landlord, if any, required by Section 18.1 hereof, Tenant will shall take good care of the Premises and the fixtures and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvements, all so as to keep the Premises in a first class condition free from waste and state nuisance of repairany kind. Tenant shall keep the Premises, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereof. Tenant’s responsibilities shall include the maintenance, repair and replacement of including all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises that were fixtures installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities and any plate glass and special store fronts, in conjunction therewith shall also includegood condition, but not be limited to, the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repair, subject to normal 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 God covered by Landlord’s fire insurance policy covering the Building. The performance by Tenant of its obligations to maintain and make repairs shall be conducted only by contractors and subcontractors approved in writing by Landlord (provided Tenant which approval shall not be obligated to repaint the Premises during the last two (2) years of the Termunreasonably withheld, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant and consented to in writing by Landlord. Tenant shall, at Tenant’s expense, but under the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to the Premises or Building caused by the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agentsconditioned, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenantdelayed), or by Tenant moving in or out of the Premises. Tenant shall be responsible for all janitorial service and trash removal from the Premises. Tenant covenants and agrees, at its sole cost and expense: (a) to comply with all present and future laws, orders and regulations of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s sole cost and expense, utilizing a contractor satisfactory to Landlord; and (e) being understood that Tenant shall pay all costsprocure and maintain and shall cause contractors and subcontractors engaged by or on behalf of Tenant to procure and maintain insurance coverage against such risks, expensesand in such amounts as Landlord may reasonable require and with such companies as landlord may reasonably approve, fines, penalties or damages that may be imposed on Landlord or in connection with any such maintenance and repair. If Tenant by reason of Tenant’s failure to comply with the provisions of this Section.
18.3. Landlord shall not be liable for any failure fails to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. In take steps to have such condition corrected after the event that occurrence of the damage or injury, Landlord timely fails to may at its option make a repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to this Leasesuch repair, Tenant may notify Landlord of such failure andand Tenant, if Landlord does not make the repair or perform the maintenance shall within thirty (30) days after Landlord’s receipt of such notice (orrequest therefor, if such repair pay Landlord for the cost thereof. At the end or maintenance cannot reasonably be completed with such period, within the period other termination of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs or maintenanceLease, Tenant shall notify Landlord of Tenant’s intent to do so deliver up the Premises with all improvements located thereon (except as otherwise herein provided) in good repair and condition, reasonable wear and tear and damage caused by casualty excepted, and shall reasonably coordinate with deliver to Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenance.
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 all keys 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 provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted UsePremises.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
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. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereof, to the extent that the cost of such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions 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, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice therefor.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement (Aralez Pharmaceuticals Inc.)
Repairs and Maintenance. 18.1(a) Tenant shall, at its own sole cost and expense, keep the Premises in good order and condition, normal wear and tear and damage covered by insurance excepted, at all times on and after commencement of the Term to and including the date of the termination of the Term, by lapse of time or otherwise. Other Tenant shall promptly and adequately repair the Premises and all its component parts, and replace or repair all landscaping and all damaged or broken fixtures, other than Condominium Common Areas located at trade fixtures, and appurtenances. In addition, Tenant shall timely and properly maintain all of the PropertyPremises including, if anybut not necessarily limited to, that are to be maintained mechanical systems, electrical systems, plumbing and sewage systems, foundations and floor slabs, glazing systems, structural steel, masonry walls and wall enclosures, and water tightness of all curtain walls by the Association pursuant to the Declaration (whicha qualified stationary engineer or otherwise, if Landlord controls the Association, Landlord shall cause the Association to maintain in accordance with the Declarationgreater standard of
(i) the customary maintenance by prudent operators in the industry;
(ii) that which is necessary so as not to void, diminish, or impair any warranty for such component from time to time in effect; and
(iii) that which is necessary to preserve and protect the useful life of such component, ordinary wear and tear excepted. In addition, Tenant shall maintain and repair, or cause others to maintain and repair or replace, as the case may be, the roof, and repair any material defect in materials or workmanship relating to the foundation, columns, and structural steel which comprise a part of the Premises. Landlord, not more frequently than annually during the Term (except in the event of an emergency or extraordinary condition), may cause independent private inspectors, qualified in the specific discipline, to make inspections of any building and building systems on the Premises or segments thereof to determine Tenant's compliance under this Section. If the Tenant does not timely or properly perform repairs as above provided, Landlord may, but is not required to, after twenty (20) days' notice to Tenant, make such repairs, replacements or maintenance in a reasonably diligent fashion, and Tenant shall pay Landlord forthwith upon being billed for same by Landlord the cost thereof plus all overhead, general conditions, fees and other costs or expenses arising from Landlord's involvement with such repairs, replacements and maintenance. Landlord may, but shall not be required to, enter the Premises personally or through independent contractors at all reasonable times upon reasonable notice (except in the case of an emergency) to inspect the Premises, and to make such repairs, alterations, improvements and additions to the Premises or to any equipment or fixtures located on the Premises as Landlord deems reasonably necessary and which Tenant failed to do as required in this Lease.
(b) It is intended by Tenant and Landlord that Landlord shall have no obligation, in any manner whatsoever, to repair and or maintain the structural and exterior portions and Common Areas of the Building and the Project, including roofing and covering materials; foundations; exterior walls; plumbing; common fire sprinkler systems (if any); common heating, ventilating, air conditioning systems; common elevators; exterior windows, and common electrical systems.
18.2. Except for services of Landlord, if any, required by Section 18.1 hereof, Tenant will take good care of the Premises and the fixtures and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC or the equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissionstherein), whether foreseen structural or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvementsnonstructural, all so of which obligations are intended, as between Landlord and Tenant, to be those of Tenant. Tenant expressly waives the benefit of any statute now or in the future in effect which would otherwise afford Tenant the right to make repairs at Landlord's expense or to terminate this Lease because of Landlord's failure to keep the Premises in a first class good order, condition and state repair.
(c) Prior to the commencement of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereof. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside Lease Landlord received an engineering study of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside performed by Eckl▇▇▇ ▇▇▇sultants Inc. Exhibit E attached hereto shows a list of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not those matters which must be limited to, the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repair, subject to normal wear and tear (provided Tenant shall not be obligated to repaint the Premises during the last two (2) years of the Term, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant and consented to in writing by Landlordcorrected. Tenant shallagrees to correct the matters listed on Exhibit E, at Tenant’s expense, but under the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to the Premises or Building caused by the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out of the Premises. Tenant shall be responsible for all janitorial service and trash removal from the Premises. Tenant covenants and agrees, at its sole cost and expense: (a) to comply with all present and future laws, orders and regulations of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s 's sole cost and expense, utilizing a contractor satisfactory to Landlord; and (e) that Tenant shall pay all costs, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with the provisions of this Section.
18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. In the event that Landlord timely fails to make a repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenance.
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 provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted Use.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other no later than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed dates set forth on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
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. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereof, to the extent that the cost of such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions 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, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice therefor.Exhibit E.
Appears in 2 contracts
Sources: Lease Agreement (Caterair International Inc /Ii/), Lease Agreement (Caterair International Inc /Ii/)
Repairs and Maintenance. 18.1. Other than Condominium Common Areas located at the Property, if any, that are to be maintained by the Association pursuant to the Declaration (which, if Landlord controls the Association, A. Landlord shall cause the Association to maintain in accordance with the Declaration), Landlord shall repair and maintain the structural and exterior portions and Common Areas of the Building and the Project, including roofing roof and covering materials; foundations; exterior walls; plumbing; common fire sprinkler systems roof membrane in good working order and repair. Landlord shall perform and construct (if anyor shall cause to be performed or constructed); common heating, ventilating, air conditioning systems; common elevators; exterior windows, and common electrical systems.
18.2. Except for services of LandlordTenant shall have no responsibility to perform or construct, if anyany repair, required by Section 18.1 hereof, Tenant will take good care maintenance or improvements (a) to the structural portions of the Premises Premises, (b) which could be treated as a “capital expenditure” under generally accepted accounting principles, and (c) the fixtures and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively Building Systems serving the Premises (but excluding all common utilities including components of such systems located in the Premises) and common HVAC systems and all electricalthe Building. Notwithstanding the foregoing, plumbing, mechanical and HVAC equipment serving portions Tenant shall pay for its share of the Building other than foregoing costs to the Premises)extent such costs are properly included in Expenses, will make (a) all provided that the cost of any capital repairs thereto (excluding structural shall be amortized over the useful life of the capital item in question. In performing any maintenance, repairs unless caused by or improvements, Landlord shall minimize interference with Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which business operations. Landlord shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements assign to the Tenant Improvements, all so as to keep the Premises in a first class condition and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereof. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside warranties affecting any portion of the Premises and all improvementsfor which Tenant has any repair responsibilities,
B. If Tenant becomes aware of any conditions that are dangerous or in need of maintenance or repair, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside Tenant shall promptly provide Landlord with notice of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Leaseany such conditions. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repair, subject to normal wear and tear (provided Tenant shall not be obligated to repaint the Premises during the last two (2) years of the Term, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant and consented to in writing by Landlord. Tenant shall, at Tenant’s expense, but under the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to the Premises or Building caused by the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out of the Premises. Tenant shall be responsible for all janitorial service and trash removal from the Premises. Tenant covenants and agrees, at its sole cost and expense, shall perform all maintenance and repairs to the Premises (other than with respect to any elements of the Building that are Landlord’s responsibility in Section 9.01(A) above), and keep the Premises in good condition and repair, reasonable wear and tear excepted. Tenant’s repair and maintenance obligations include, without limitation, repairs to: (a) to comply with all present and future lawsfloor covering; (b) interior partitions; (c) doors; (d) the interior side of demising walls; (e) Alterations (described in Section 9.03); (f) supplemental air conditioning units, orders and regulations of the Federalkitchens, State, county, municipal or other governing authorities regarding the collection, sorting, separationincluding hot water heaters, and recycling similar facilities exclusively serving Tenant, whether such items are installed by Tenant or are currently existing in the Premises; and (g) electronic, fiber, phone and data cabling and related equipment that is installed by or for the exclusive benefit of garbage, trash, rubbish and other refuse Tenant (collectively, “trashCable”); (b) . All repairs and other work performed by Tenant or its contractors shall be subject to comply with Landlord’s recycling policy as part the terms of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort Section 9.03 and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from 9.04 below. If Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s sole cost and expense, utilizing a contractor satisfactory to Landlord; and (e) that Tenant shall pay all costs, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with the provisions of this Section.
18.3. Landlord shall not be liable for any failure fails to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. In the event that Landlord timely fails to make a repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to this Leasefor more than fifteen (15) days after notice from Landlord (although notice shall not be required in an emergency), Tenant Landlord may notify Landlord of such failure make the repairs, and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs or maintenancedemand, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of pay the Project that may be affected the need for such repairs or maintenance.
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 provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted Use.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The reasonable cost of the foregoing items shall be included repairs, together with an administrative charge in Common Expenses in accordance with the Declaration and Tenant shall be responsible an amount equal to pay its Pro Rata Share five percent (5%) of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
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. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereof, to the extent that the cost of such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions 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, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice thereforrepairs.
Appears in 2 contracts
Sources: Office Lease Agreement (Cloudflare, Inc.), Office Lease Agreement (Cloudflare, Inc.)
Repairs and Maintenance. 18.1. Other than Condominium Common Areas located at ▇▇▇▇▇▇ and ▇▇▇▇▇▇ agree as follows:
a. By accepting possession of the Property, if any, that are to be maintained by LESSEE has accepted the Association pursuant to Property in its present condition. LESSOR warrants Property is free of dangerous material and is structurally sound as of the Declaration (which, if Landlord controls the Association, Landlord effective date of this Lease.
▇. ▇▇▇▇▇▇ shall cause the Association to maintain in accordance with good repair the Declaration), Landlord shall repair and maintain the structural and exterior portions and Common Areas outside of the Building and building/structural exterior of the Projectproperty, including roofing and covering materials; foundations; but not limited to, structural components of the roof, exterior walls; plumbing; common fire sprinkler , foundations, MAJOR systems (if any); common heatingmaintenance such as HVAC, ventilating, air conditioning systems; common elevators; exterior windows, and common electrical systems.
18.2. Except for services of Landlord, if any, required by Section 18.1 hereof, Tenant will take good care of the Premises and the fixtures and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical such as broken pipes due to no fault of the lessee, and HVAC equipment exclusively serving parking lot maintenance.
c. ▇▇▇▇▇▇ agrees to maintain and be responsible for MINOR repair costs (excluding the Premises (but excluding all common utilities structural components of exterior walls and common HVAC systems foundations and all electricalitems listed in Section 14(b)), above, including plumbing, mechanical electrical and HVAC equipment serving portions lighting facilities and minor equipment, wiring, fixtures, walls, wall coverings, ceilings, floors, windows, doors, glass, plate glass, and entrances.
d. ▇▇▇▇▇▇ will be responsible for keeping exterior and interior of Property in good, clean and habitable condition, including trash and snow removal.
e. LESSEE shall not allow any damage to be committed on any portion of the Building other than Property, and on termination of the Premises)Lease, will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseenLESSEE shall deliver the Property to LESSOR in good condition, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvements, all so as to keep the Premises in a first class condition and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereof. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repair, subject to normal wear and tear (provided Tenant shall not be obligated excepted. All structural upgrades to repaint the Premises during the last two (2) years Property are to remain upon termination of the Term, Lease.
f. All requests for repairs or maintenance that are the responsibility of LESSOR pursuant to any provision of this Lease must be made in writing by LESSEE to LESSOR or its designee at the address set forth below or as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change amended in writing from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall ▇▇▇▇▇▇ acknowledges the time sensitivity of repairs, which will be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant and consented to in writing by Landlordhigh priority. Tenant shall▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Executive Director Meals on Wheels of Cheyenne, at Tenant’s expenseInc. ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Hwy Cheyenne, but under the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to the Premises or Building caused by the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out of the Premises. Tenant shall be responsible for all janitorial service and trash removal from the Premises. Tenant covenants and agrees, at its sole cost and expense: (a) to comply with all present and future laws, orders and regulations of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s sole cost and expense, utilizing a contractor satisfactory to Landlord; and (e) that Tenant shall pay all costs, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with the provisions of this SectionWY 82007 ▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.
18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. In the event that Landlord timely fails to make a repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenance.
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 provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted Use.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
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. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereof, to the extent that the cost of such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions 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, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice therefor.▇▇▇
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement
Repairs and Maintenance. 18.1A. Subject to provisions of paragraph 15 of this Lease, 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, and irrigation. Other than Condominium Common Areas located at 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. In the Propertyevent that the 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 replacements or improvements as reasonably determined by Lessor using manufacturers’ guidelines. Lessee shall be obligated to pay its pro-rata share of such excess on a monthly basis, as Additional Rent, for as long as the useful life coincides with the lease term. Notwithstanding the foregoing, but subject to the provisions of Paragraph 9.D of this Lease, if anythe reason for any repair, that are 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 be maintained by remedy the Association pursuant to the Declaration (whichsame.
B. Except as expressly provided in Subparagraph A above, if Landlord controls the AssociationLessee shall, Landlord shall cause the Association to maintain in accordance with the Declaration)at its sole cost, Landlord shall repair keep 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; common fire sprinkler systems (if any); common heating, ventilating, air conditioning systems; common elevators; exterior windows, and common electrical systems.
18.2. Except for services of Landlord, if any, required by Section 18.1 hereof, Tenant will take good care of the entire Premises and the fixtures and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvements, all so as to keep the Premises in a first class condition and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury every part thereof. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, the windows, window frames, plate glass, glazing, truck doors, doors, all related linesdoor hardware, conduits, pipes, cabling, connections and the like, located outside interior of the Premises that were installed by Tenant or installed by Landlord exclusively 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 Tenant the maintenance of all heating, air conditioning, and ventilation equipment with a licensed and insuranced contractor. Lessee shall reimburse Lessor pursuant to this LeaseParagraph 10 above for the cost of said maintenance contract. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as Should Lessee fail to maintain the Premises or make repairs required of Lessee hereunder forthwith upon notice from Lessor, Lessor, in a first-class condition addition to all other remedies available hereunder or by law, and state of repairwithout waiving any alternative remedies, subject to normal wear may make the same, and tear (provided Tenant in that event, Lessee shall not be obligated to repaint the Premises during the last two (2) years of the Term, reimburse Lessor as it may be extended). All building standard bulbs, tubes and lighting fixtures additional rent for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building such maintenance or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant and consented to in writing by Landlord. Tenant shall, at Tenant’s expense, but under the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to the Premises or Building caused by the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) repairs on the Premises by Tenant, or by Tenant moving in or out of the Premises. Tenant shall be responsible for all janitorial service and trash removal from the Premises. Tenant covenants and agrees, at its sole cost and expenselater of: (a) to comply with all present and future laws, orders and regulations of the Federal, State, county, municipal next date upon which rent becomes due; or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlordwithin ten (10) business days following receipt of Lessor’s recycling policy as part invoice. Lessee hereby expressly waives the provision of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by lawSubsection 1 of Section 1932, and to require Tenant to arrange for such collection at Tenant’s sole cost Sections 1941 and expense, utilizing a contractor satisfactory to Landlord; 1942 of the Civil Code of California and (e) that Tenant shall pay all costs, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with the provisions of this Section.
18.3. Landlord shall not be liable for any failure rights to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice at the expense of the need Lessor, as provided in Section 1942 of such repairs or maintenance. In the event that Landlord timely fails to make a repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenancesaid Civil Code.
18.4. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted Use.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
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. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereof, to the extent that the cost of such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions 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, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice therefor.
Appears in 2 contracts
Sources: Lease Agreement (Opnext Inc), Lease Agreement (Opnext Inc)
Repairs and Maintenance. 18.117.1. Other than Condominium Common Areas located at the Property, if any, that are to be maintained by the Association pursuant to the Declaration (which, if Landlord controls the Association, Landlord shall cause the Association to maintain in accordance with the Declaration), Landlord shall repair and maintain the structural and exterior portions and Common Areas Area of the Building and the ProjectProperty, including roofing and covering materials; foundationsfoundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; common fire sprinkler systems (if anybut excluding sprinkler heads which must be maintained by Tenant); common heating, ventilating, base building HVAC systems (but excluding air conditioning systemshandlers exclusively serving the Premises which must be maintained by Tenant); common elevators; exterior windows, and common electrical systemssystems installed or furnished by Landlord.
18.217.2. Except for services of Landlord, if any, required by Section 18.1 17.1 hereof, Tenant will take good care of maintain the Premises and the fixtures and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises)) and all sprinkler heads located in the Premises, will make (a) all repairs and replacements thereto (excluding structural repairs and replacements, unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnationextraordinary, which shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvements, all so as to keep the Premises in a first class their current condition and state of repair, subject to normal reasonable wear and teartear excepted, and will neither commit nor suffer any active or permissive waste or injury thereof, and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to as part of this Lease. Landlord will maintain any Building standard air handler or Building standard condenser that exclusively serves the Premises (but any specialty equipment, such as Liebert type units and HEPA filtration units, shall remain Tenant’s responsibility) and sprinkler heads located in the Premises, but Tenant shall be solely responsible for the cost thereof as Additional Rent. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the cleaning of window coverings, mini-blinds and shades, the shampooing and re-stretching of carpet, and the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repair, subject to normal wear and tear (provided Tenant shall not be obligated to repaint the Premises during the last two (2) years of the Term, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord Tenant at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant and consented to in writing by Landlord. Tenant shall, at Tenant’s expense, but under the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to the Premises or Building caused by the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out of the Premises. Tenant shall be responsible for all janitorial service and trash removal from the Premises. Tenant covenants and agrees, at its sole cost and expense: (a) to comply with all present and future laws, orders and regulations of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by lawApplicable Laws or Landlord’s sustainability practices, and to require Tenant to arrange for such collection at Tenant’s sole cost and expense, utilizing a contractor satisfactory to Landlord; and (e) that Tenant shall pay all costs, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with the provisions of this Section.
18.317.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. In the event that Landlord timely fails Tenant waives its rights under Applicable Laws now or hereafter in effect to make a repair or perform maintenance inside the Premises that is repairs at Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenanceexpense.
18.417.4. 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 provided that such entry does not materially adversely affect Lease.
17.5. Landlord shall clean the exterior of the exterior windows of the Building no more than two (2) times per year. Tenant, at Tenant’s beneficial use sole cost and occupancy of the Premises for the Permitted Use.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declarationexpense, the Association, and not Landlord, is shall be responsible for the maintenance, repair and replacement regular cleaning of the Condominium (other than the Units) and the Condominium Common Areas. The cost interior of the foregoing items shall be included in Common Expenses in accordance exterior windows and any interior windows consistent with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Tenant’s obligations under Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof17.2.
18.617.6. This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the ProjectProperty. In the event of a casualty described in Article 2423, Article 24 23 shall apply in lieu of this Article. In the event of eminent domain, Article 25 24 shall apply in lieu of this Article.
18.717.7. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereofforegoing, to the extent that the cost of such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions 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, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor and any increase in premium resulting from such claim within thirty (30) days after receipt of an invoice therefor.
Appears in 2 contracts
Sources: Lease (Graybug Vision, Inc.), Lease (Graybug Vision, Inc.)
Repairs and Maintenance. 18.1. Other than Condominium Common Areas located at the Property, if any, that are to be maintained by the Association pursuant to the Declaration (which, if Landlord controls the Association, Landlord shall cause the Association to maintain Except as otherwise set forth in accordance with the Declaration), 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; common fire sprinkler systems (if any); common heating, ventilating, air conditioning systems; common elevators; exterior windows, and common electrical systems.
18.2. Except for services of Landlord, if any, required by Section 18.1 hereof, Tenant will take good care of the Premises and the fixtures and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvements, all so as to keep the Premises in a first class condition and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereof. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repair, subject to normal wear and tear (provided Tenant shall not be obligated to repaint the Premises during the last two (2) years of the Term, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant and consented to in writing by Landlord. Tenant ----------------------- Lessee shall, at Tenant’s expense, but under the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to the Premises or Building caused by the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out of the Premises. Tenant shall be responsible for all janitorial service and trash removal from the Premises. Tenant covenants and agrees, at its sole cost and expense: (a) to comply with all present and future laws, orders and regulations of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s Lessee's sole cost and expense, utilizing a contractor satisfactory maintain the Premises and adjacent areas in good, clean and safe condition and repair to Landlord; and (e) that Tenant shall pay all costs, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with the provisions of this Section.
18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice satisfaction of the need Lessor any damage caused by Lessee or its employees, agents, invitees, licensees or contractors. Without limiting the generality of such repairs or maintenance. In the event that Landlord timely fails to make a repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to foregoing, and except as otherwise set forth in this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenance.
18.4. If any excavation Lessee 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 provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted Use.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is solely responsible for the maintenancemaintaining and repairing all plumbing, repair electrical wiring and replacement of the Condominium (other than the Units) equipment, lighting and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
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. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereofinterior wall, to the extent that 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 agents, customers, employees and invitees, Lessor agrees, at Lessor's sole cost and expense, to keep in good repair the structural portions of the roof, foundations and exterior walls of the Premises (exclusive of glass and exterior doors) and underground utility and sewer pipes outside the exterior walls of the Building. Lessor agrees that repair costs of the roof membrane in excess of one thousand five hundred dollars ($1,500) per year shall be at Lessor's cost and expense. Except for normal maintenance caused by Tenant’s actsand repair of the items outlined above, neglect, fault Lessee shall have no right of access to or omissions exceeds install any device on the limits roof of the Building nor make 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, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for penetrations of the deductible therefor within thirty (30) days after receipt roof of an invoice thereforthe Building without the express prior written consent of Lessor.
Appears in 2 contracts
Sources: Lease Agreement (Jetfax Inc), Lease Agreement (Jetfax Inc)
Repairs and Maintenance. 18.1. Other than Condominium Common Areas located at the Property, if any, that are to be maintained by the Association pursuant to the Declaration (which, if Landlord controls the Association, Landlord shall cause the Association to maintain in accordance with the Declaration), 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; common fire sprinkler systems (if any); common heating, ventilating, air conditioning systems; common elevators; exterior windows, and common electrical systems.
18.2. Except for services of Landlord, if any, required by Section 18.1 hereof, Tenant will take good care of the Premises and the fixtures and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvements, all so as to keep the Premises in a first class condition and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereof. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repair, subject to normal wear and tear (provided Tenant shall not be obligated to repaint the Premises during the last two (2) years of the Term, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant and consented to in writing by Landlord12.1. Tenant shall, at Tenant’s all times during the Lease Term, and at its own cost and expense, but under keep and maintain in good order and condition, ordinary wear and tear excepted, the direction of Landlord, by contractors selected by Tenant Building and consented to in writing by Landlord, promptly repair any injury or damage to the Premises or Building caused by the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) all other improvements on the Premises as of the Commencement Date of the Lease Term and thereafter erected by Tenant on the Premises, or forming part thereof, and their full equipment and appurtenances, including without limitation, all windows, plate glass, doors, interior non-bearing walls and partitions, ceilings and the electrical, plumbing, lighting, heating, and air conditioning systems, and make all repairs thereto and restorations, replacements and renewals thereof, both inside and outside, structural and nonstructural, extraordinary and ordinary, foreseen or unforeseen, howsoever the necessity or desirability for repairs may occur, and whether or not necessitated by latent defects or otherwise; and shall use all reasonable precaution to prevent waste, damage or injury. Landlord shall maintain and repair the Building foundation, exterior walls and roof provided that these items are not in any way affected or disturbed by Tenant Improvements or such maintenance and/or repair was caused by Tenant, or by Tenant moving in or out 's use of the Premises. If it is determined that any such maintenance or repair is required due to Tenant's negligence or damage caused by the Tenant Improvements, Tenant shall be responsible for all janitorial service and trash removal from the Premisescost of such maintenance and/or repair.
Section 12.2. Tenant covenants and agreesshall also, at its sole cost and expense: (a) to comply with all present and future laws, orders and regulations of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s sole own cost and expense, utilizing a contractor satisfactory put, keep, replace and maintain in thorough repair and in good, safe and substantial order and condition, and free from dirt, snow, ice rubbish and other obstructions or encumbrances, the sidewalks, areas, sidewalk hoists, railings, gutters and curbs in front of and adjacent to Landlord; and (e) that Tenant shall pay all costs, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with the provisions of this Section.
18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. In the event that Landlord timely fails to make a repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of maintain the Project that may be affected the need for such repairs or maintenance.
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 landscaping at 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 that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted Usein good condition.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
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. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereof, to the extent that the cost of such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions 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, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice therefor.
Appears in 1 contract
Repairs and Maintenance. 18.1. Other than Condominium Common Areas located at (a) Manager shall maintain, or cause to be maintained, the buildings, appurtenances and grounds of the Property, if anyother than areas which are the responsibility of tenants, that are to be maintained by the Association pursuant to the Declaration (which, if Landlord controls the Association, Landlord shall cause the Association to maintain in accordance with the Declaration), Landlord standards for first-class apartment properties and in accordance with standards acceptable to Owner. Such maintenance 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; common fire sprinkler systems (if any); common heating, ventilating, air conditioning systems; common elevators; exterior windows, and common electrical systems.
18.2. Except for services of Landlord, if any, required by Section 18.1 hereof, Tenant will take good care of the Premises and the fixtures and improvements therein (includinginclude, without limitation, all wallsordinary and extraordinary repairs, doorscleaning, ceilings painting, decorations and lighting fixtures) and all alterations including electrical, plumbing, mechanical carpentry, masonry, elevators and HVAC equipment exclusively serving such other routine repairs as are necessary or reasonably appropriate in the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions course of maintenance of the Building other than Property (subject to the Premiseslimitations of this Agreement). The expense incurred for such maintenance, will make alteration or repair must be
(ai) all repairs thereto an ordinary and usual expense provided for in the Approved Budget (excluding structural repairs unless caused as defined in Section 4.1) and which does not exceed the limitation set forth in the Approved Budget , or
(ii) an expense which is incurred under such circumstances as Manager shall reasonably deem to be an emergency.
(iii) ordinary and unusual expenses exceeding the Budget, but approved by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and 25 hereof), and Owner.
(b) replacements If an emergency occurs, Manager shall make all repairs or take all action immediately necessary to preserve the Property, avoid suspension of any essential services to the Tenant Improvements, all so as to keep the Premises in a first class condition and state of repair, subject to normal wear and tearProperty, and will neither commit nor suffer avoid danger to persons or property. Manager promptly, but in no event later than twenty-four (24) hours from the time Manager learns of such emergency, shall notify Owner by telephone of any active or permissive waste or injury thereofsuch emergency. Tenant’s responsibilities Immediately thereafter, Manager shall include send Owner a written notice setting forth the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside nature of the Premises emergency and all improvementsany action taken in connection with the emergency. Except as set forth above with regard to emergencies, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repair, subject to normal wear and tear (provided Tenant Manager shall not be obligated make extraordinary or unusual expenses without Owner's prior consent.
(c) Manager shall use all due diligence to repaint the Premises during the last two (2) years of the Term, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant and consented to in writing by Landlord. Tenant shall, at Tenant’s expense, but under the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to the Premises or Building caused by the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out of the Premises. Tenant shall be responsible for all janitorial service and trash removal from the Premises. Tenant covenants and agrees, at its sole cost and expense: (a) require each tenant to comply with all present its obligations to maintain its respective leased premises pursuant to its lease. Manager shall pay actual and future laws, orders reasonable expenses for materials and regulations of labor for such purposes from the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; Operating Account.
(d) that Landlord reserves All expenditures to refurbish, rehabilitate, remodel, or otherwise prepare areas covered by new leases shall require Owner's prior consent if they exceed $1,000 and shall be paid as Owner may direct from funds provided by Owner or from the right Operating Account subject to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s sole cost and expense, utilizing a contractor satisfactory to Landlord; and the restriction set forth in Section 2.3.
(e) that Tenant Manager shall pay take all costsreasonable precautions against fire, expensesvandalism, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with the provisions of this Section.
18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. In the event that Landlord timely fails to make a repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period burglary and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section trespass to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenanceProperty.
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 provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted Use.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
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. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereof, to the extent that the cost of such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions 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, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice therefor.
Appears in 1 contract
Sources: Management and Leasing Agreement (Usf&g Legg Mason Realty Partners Limited Partnership)
Repairs and Maintenance. 18.1. Other than Condominium Common Areas a. Landlord shall, at its cost and expense, maintain in good condition and repair the roof, foundations, exterior walls of the Property and the Leased Premises (which term shall exclude the storefront, exterior trim, all glass, windows and window frames, doors and door frames, downspouts, gutters, and the interior of the walls), and the structural floor and ceiling (excluding floor coverings) of the Property and the Leased Premises, and pipes and conduits located at beyond the Propertyboundaries of said Property and the Leased Premises for the furnishing of various utilities (except to the extent that the same are the obligation of any public utility company or have been installed by Tenant); provided, if anyhowever, that are Landlord shall not be required to be maintained make any repairs necessitated by reason of any act or omission of Tenant, or its employees, agents, customers, subtenants, licensees, concessionaires, invitees, or anyone claiming under Tenant, or caused by any alteration, addition, or improvement made by Tenant or anyone claiming under Tenant, and that if Landlord does make any such repairs, Tenant shall promptly, upon demand, reimburse to Landlord the Association pursuant cost thereof. Landlord shall have no liability whatsoever to Tenant for failure to make repairs unless and until Tenant shall give written notice to Landlord stating the need for such repairs and Landlord shall fail to commence and complete such repairs within a reasonable period of time following receipt of such written notice.
b. Tenant shall, at Tenant's cost and expense, repair, maintain, and make all replacements in and to the Declaration Leased Premises and every part thereof (whichexcluding only those portions specified in Paragraph 10.a, if Landlord controls above, as being the Association, Landlord shall cause the Association to maintain in accordance with the Declarationresponsibility of Landlord), 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; common fire sprinkler systems (if any); common heating, ventilating, air conditioning systems; common elevators; exterior windows, and common electrical systems.
18.2. Except for services of Landlord, if any, required by Section 18.1 hereof, Tenant will take good care of the Premises and the fixtures and improvements therein (including, without limitationbut not limited to, the store front, all walls, all interior and exterior doors, ceilings door jambs and lighting fixtures) and all electricalframes, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvementsshow windows, all so as to keep the Premises in a first class condition and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereof. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as Leased Premises, air-conditioning equipment, duct work, air outlets and controls, connections to maintain the Premises in a first-class condition various utility services, signs, plumbing, sprinkler system, electrical system, and state of repair, subject to normal wear and tear (provided Tenant shall other fixtures or equipment whether or not be obligated to repaint the Premises during the last two (2) years of the Term, as it may be extended)any such fixtures or equipment were initially installed at Landlord's expense. All building standard bulbsrepairs, tubes maintenance, and lighting fixtures for the Premises replacements shall be provided in quality and installed by Landlord class at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning least equal to the environmental compliance of the Building original work or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons original fixtures or contractors selected by Tenant and consented to in writing by Landlordequipment. Tenant shall, at Tenant’s expense's cost, but under the direction of Landlordmake all repairs, by contractors selected by Tenant alterations, and/or improvements in and consented to in writing by Landlord, promptly repair any injury or damage to the Leased Premises or Building caused by the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agentsthat may at any time, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenantfrom time to time, or by Tenant moving in or out of the Premises. Tenant shall be responsible for all janitorial service and trash removal from the Premises. Tenant covenants and agrees, at its sole cost and expense: (a) to comply with all present and future laws, orders and regulations of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by lawany legally constituted governmental authority if such repairs, and to require Tenant to arrange for such collection at Tenant’s sole cost and expensealterations, utilizing a contractor satisfactory to Landlord; and (e) that Tenant shall pay all costs, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant and/or improvements are so required by reason of the nature of Tenant’s failure to comply with the provisions of this Section.
18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice 's use of the need of such repairs or maintenance. In the event that Landlord timely fails to make a repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenanceLeased Premises.
18.4. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted Use.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
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. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereof, to the extent that the cost of such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions 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, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice therefor.
Appears in 1 contract
Sources: Lease Agreement
Repairs and Maintenance. 18.1By taking possession of the Premises, Lessee shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Other than Condominium Common Areas located Except as set forth in the following subparagraphs, Lessee shall, at Lessee's sole cost and expense, maintain the PropertyPremises in good, clean and safe condition and repair. Except as provided in an addendum to this Lease, if any, that are Lessor shall have no obligation whatsoever to be maintained by the Association pursuant to the Declaration (whichalter, if Landlord controls the Associationremodel, Landlord shall cause the Association to maintain in accordance with the Declaration)improve, Landlord shall repair and maintain the structural and exterior portions and Common Areas of the Building and the Projectrepair, including roofing and covering materials; foundations; exterior walls; plumbing; common fire sprinkler systems (if any); common heating, ventilating, air conditioning systems; common elevators; exterior windows, and common electrical systems.
18.2. Except for services of Landlord, if any, required by Section 18.1 hereof, Tenant will take good care of decorate or paint the Premises and the fixtures and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving parties hereto affirm that Lessor has made no representation to Lessee respecting the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvements, all so as to keep the Premises in a first class condition and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereof. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises or the Building except as specifically set forth herein. There shall be no abatement of Rent and all improvements, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and no liability of Lessor by reason of any injury to or interference with Lessee's business arising from the like, located outside making of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of any repair, subject alteration or improvement to normal wear and tear (provided Tenant shall not be obligated to repaint the Premises during the last two (2) years of the TermPremises, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the PremisesPark. Lessee waives the provisions of SS 1941 and 1942 of the California Civil Code, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost similar or successor law regarding Lessee's right to make repairs and expense by persons or contractors selected by Tenant and consented to in writing by Landlorddeduct the expenses of such repairs from the Rent due under this Lease. Tenant shall, at Tenant’s expense, but under the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to the Premises or Building caused by the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out of the Premises. Tenant Lessor shall be responsible for all janitorial service structural repairs to the Building, including the basic plumbing, air conditioning, heating and trash removal from electrical systems installed or furnished by Lessor and shall maintain the Premises. Tenant covenants roof, sidewalls, and agrees, at its sole cost and expense: (a) to comply with all present and future laws, orders and regulations foundations of the FederalBuilding in good, Stateclean and safe condition and repair, countyLessor shall also maintain all landscaping, municipal or other governing authorities regarding the collectiondriveways, sortingparking lots, separationfences, and recycling of garbagesigns, trash, rubbish sidewalks and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part exterior Common Areas of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s sole cost and expense, utilizing a contractor satisfactory to Landlord; and (e) that Tenant shall pay all costs, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with the provisions of this Section.
18.3Park. Landlord Lessor shall not be liable for any failure to make any such repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. In the event that Landlord timely fails to make a repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenance.
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 provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted Use.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
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. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereof, to the extent that the cost of such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions 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, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice therefor.
Appears in 1 contract
Sources: Lease (Business Objects Sa)
Repairs and Maintenance. 18.1. Other than Condominium Common Areas located at the Property, if any, that are to be maintained by the Association pursuant to the Declaration (which, if Landlord controls the Association, Landlord shall cause the Association to maintain in accordance with the Declaration), Landlord shall repair and maintain in a first class condition the structural and exterior portions and Common Areas Area of the Building and the Project, including roofing and covering materials; foundationsfoundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; common fire sprinkler systems (if any); common heatingbase Building HVAC systems up to the first damper or isolation valve that serves the Premises (for purposes of clarity, ventilatingthe portion of the HVAC system that includes such first damper or isolation valve and extends into and through the Premises, air conditioning systemsand 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); common elevators; exterior windows, and common base Building electrical systemssystems installed or furnished by Landlord.
18.2. Except for services of Landlord, if any, required by Section 18.1 hereof18.1, Tenant will take good care of the Premises and the fixtures and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvements, all so as to keep the Premises in a first class condition and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereof. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repair, subject to normal wear and tear (provided Tenant shall not be obligated to repaint the Premises during the last two (2) years of the Term, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons maintain and keep the interior Premises (including but not limited to the portion of the HVAC system that includes the first damper or contractors selected by Tenant isolation valve and consented extends into and through the Premises, any supplemental HVAC serving the Premises, and any other systems or equipment exclusively serving the Premises) and every part thereof in good condition and repair, within ten (10) days after receipt of written notice from Landlord, provide to in writing by LandlordLandlord any maintenance records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear and damage by casualty excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, but under remove all telephone and data systems, wiring and equipment installed by or at the direction request of LandlordTenant at the Premises, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or Building caused by the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on paint the Premises by Tenantor any part thereof, or by Tenant moving other than as described in or out Exhibit B.
18.3. Throughout the Term of the Premises. Lease, Tenant shall be responsible for all janitorial service and trash removal from the Premises. Tenant covenants and agreesshall, at its sole cost and expense: (a) to comply with all present and future laws, orders and regulations of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s sole cost and expense, utilizing a contractor satisfactory to Landlord; maintain copies of all service contracts, service, repair and maintenance records, and inspection reports on all equipment installed by or maintained by Tenant (e) that collectively, “Maintenance Records”). Tenant shall pay provide to Landlord copies of all costsMaintenance Records on a quarterly basis. Upon surrender of the Premises upon the expiration or earlier termination of this Lease, expenses, fines, penalties Tenant shall provide Landlord with all original equipment manufacturer (OEM) manuals for any equipment installed and not removed by Tenant. Landlord shall also have the right to perform an audit of the equipment serving the Premises in the form of a facilities condition assessment or damages that may be imposed on Landlord or Tenant by reason of similar report at Tenant’s failure to comply with cost, provided such audit will be performed no more than once per calendar year unless Landlord has a reasonable belief that corrective action is necessary. To the provisions extent such audit recommends reasonable corrective action, Tenant shall promptly perform such corrective action as part of this Sectionits repair and maintenance obligations.
18.318.4. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. In the event that Landlord timely fails to make a repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenance.
18.418.5. 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 provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted Use.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
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. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereof, to the extent that the cost of such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions 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, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice therefor.this
Appears in 1 contract
Sources: Lease (Relay Therapeutics, Inc.)
Repairs and Maintenance. 18.1. Other than Condominium Common Areas located at the Property, if any, that are to be maintained by the Association pursuant to the Declaration (which, if Landlord controls the Association, Landlord shall cause the Association to maintain in accordance with the Declaration), 18.1 Landlord shall repair and maintain in good condition the structural Common Areas, the Exclusive Parking Garage and the structural, exterior and base building portions (interior and Common Areas exterior) of the Building and the ProjectBuildings, including grounds, roofing and covering materials; , foundations; , exterior walls; plumbing; common , plumbing (excluding eye wash, safety showers, specialty gas, and laboratory services, including RODI), fire sprinkler systems (if any); common , heating, ventilating, air conditioning conditioning, base building management systems; common , elevators; exterior windows, and common electrical systems. Provided (a) Tenant then leases and occupies all of Building 8 and Building 9, (b) the applicable recurring maintenance work is completely within Building 8 and/or Building 9 and (c) the applicable recurring maintenance work does not affect any other tenant of the Entire Project (even in a de minimis amount), then Tenant shall have the right to review and modify the scope of such contracted recurring maintenance work (whether such contract was entered into prior to, on or after the Execution Date), including to add additional scope (the “Tenant Reviewed Recurring Maintenance”). The review right (but not the modification right) in the immediately preceding sentence includes the right to review provisions of the applicable contract that are reasonably necessary to analyze the applicable scope of work set forth therein. If Tenant requests any modifications to the scope of the Tenant Reviewed Recurring Maintenance, Landlord shall use reasonable efforts to accommodate the same; provided, however, that any and all additional costs incurred by Landlord as a result of such modifications shall be included as part of Operating Expenses, subject to the CAM Pools. Notwithstanding anything to the contrary in this Lease, Landlord shall have no responsibility to maintain or repair any vivarium(s) or data center(s) (or any equipment or systems that solely service such areas). Tenant shall have sole responsibility to maintain and repair the vivarium(s) and data center(s) (and any equipment and systems that solely service such areas). 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 18.1 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.
18.2. 18.2 Except for services of Landlord, if any, required by Section 18.1 hereofand elsewhere in this Lease, Tenant will take good care of the Premises and the fixtures and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvements, all so as to keep the Premises in a first class condition and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereof. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repair, subject to normal wear and tear (provided Tenant shall not be obligated to repaint the Premises during the last two (2) years of the Term, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant maintain and consented to keep the Premises and every part thereof in writing by Landlordgood condition and repair, damage thereto from ordinary wear and tear, insured casualty and permitted alterations excepted. Tenant shall, at Tenant’s expenseupon the expiration or sooner termination of the Term, but under surrender the direction Premises to Landlord in as good of Landlorda condition as when received, by contractors selected by Tenant ordinary wear and consented tear and insured casualty excepted. Landlord shall have no obligation to in writing by Landlordalter, promptly repair any injury remodel, improve, repair, decorate or damage to paint the Premises or Building caused by any part thereof, other than pursuant to the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out terms and provisions of the Premises. Tenant shall be responsible for all janitorial service Landlord Work Letter and trash removal from the Premises. Tenant covenants and agrees, at its sole cost and expense: (a) to comply with all present and future laws, orders and regulations of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s sole cost and expense, utilizing a contractor satisfactory to Landlord; and (e) that Tenant shall pay all costs, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with the provisions of this SectionLease.
18.3. 18.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s an obligation pursuant to this Lease 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. In Subject to the event that terms of this Lease, Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. Notwithstanding the foregoing, if Landlord timely fails to make a any necessary repair in any Building of which Tenant is the sole tenant (other than completion of any Punchlist Item or perform maintenance inside repair of any Defect in the Premises Landlord Work, which is governed by Section 4.6), that is Landlord’s obligation pursuant to under this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance Lease within thirty fifteen (3015) days after Landlord’s receipt of such notice (or, if Tenant has reported to Landlord the need for such repair or maintenance canand does not reasonably be completed with remedy such periodfailure within five (5) business days after further written notice from Tenant, within referring to this Section and Tenant’s right to perform such repair under this Section (the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)“Repair Self-Help Work”), then Tenant may perform the repair or maintenance Repair Self-Help Work, and Landlord the parties shall reimburse Tenant for its reasonable out-of-pocket costs for performing then have the same within thirty rights and obligations (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenance.
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 provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted Use.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
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. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereofsame restrictions, to the extent that the cost of such repairs and maintenance caused by except Tenant’s acts, neglect, fault obligation to give prior notices or omissions exceeds allow the limits passage 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, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30cure periods) days after receipt of an invoice therefor.as set forth in Section 4.6(b)
Appears in 1 contract
Repairs and Maintenance. 18.1Landlord shall, at its sole cost and expense, be responsible for the maintenance of the complete roofing system (including repair of leaks), building structure, including but not limited to extension walls, load bearing columns, foundation and floor slab. Other than Condominium Common Areas located at the Property, if any, that are to be maintained by the Association pursuant to the Declaration (which, if Landlord controls the AssociationIn addition, Landlord shall cause the Association to maintain in accordance with the Declaration), Landlord shall repair and maintain the structural and exterior portions and Common Areas be directly responsible for maintenance of the Building exterior grounds including without limitation, landscaping and snow removal. Notwithstanding such obligation, Tenant shall be solely responsible for repairing any damage to the ProjectPremises which is caused by any negligent act or intentional act or omission of Tenant, including roofing and covering materials; foundations; exterior walls; plumbing; common fire sprinkler systems (if any); common heatingTenant’s agents, ventilatingemployees, air conditioning systems; common elevators; exterior windows, and common electrical systems.
18.2or invitees. Except for services of Landlord, if any, required by Section 18.1 hereofthose obligations specifically set forth as Landlord obligations in this Section, Tenant will shall be responsible for and shall take good care of the Premises and the fixtures and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving in the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvements, all so as to keep the Premises in a first class condition and state of repairgood order, subject to normal wear and tearcondition, and will neither commit nor suffer any active or permissive waste or injury thereofrepair at the Tenant's expense during the Term, including the replacement of all interior broken glass broken by the Tenant with glass of the same size and quality. Tenant’s responsibilities obligation shall include the maintenance, repair and replacement routine maintenance of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, HVAC and other installationsmechanical systems serving the Premises, includingthe interior surface of exterior walls, without limitationwindows, all related linesdoors, conduits, pipes, cabling, connections and the like, located outside of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Leaseplate glass. Tenant’s responsibilities in conjunction therewith HVAC maintenance shall also include, but not be limited toto routine maintenance, the regular painting filter replacement, and decorating annual service inspections only. Any capital replacement (including replacement of the Premises so as to maintain the Premises in a first-class condition and state of repair, subject to normal wear and tear (provided Tenant shall not be obligated to repaint the Premises during the last two (2an HVAC system) years of the Term, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with the Landlord’s sustainability practices, including any third-party rating system concerning responsibility. If the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant and consented to in writing by Landlord. Tenant shall, at Tenant’s expense, but under the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to the Premises or Building caused by the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out of the Premises. Tenant shall be responsible for all janitorial service and trash removal from the Premises. Tenant covenants and agrees, at its sole cost and expense: (a) to comply with all present and future laws, orders and regulations of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s sole cost and expense, utilizing a contractor satisfactory to Landlord; and (e) that Tenant shall pay all costs, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with the provisions of this Section.
18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. In the event that Landlord timely fails to make a repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance necessary repairs within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of a reasonable time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenance.
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 provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted Use.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declarationadequately, the AssociationLandlord may, and not Landlordbut need not, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
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. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereof, to the extent that the cost of make such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions 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, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse promptly pay the Landlord for the deductible therefor within thirty (30) days after receipt of an invoice therefor.cost thereof as additional rent. On the
Appears in 1 contract
Sources: Office Lease Agreement
Repairs and Maintenance. 18.1. Other than Condominium Common Areas located at Section 7.1 Throughout the PropertyTerm, if any, that are Tenant covenants and agrees to be maintained by the Association pursuant to the Declaration (which, if Landlord controls the Association, Landlord shall cause the Association to maintain in accordance with the Declaration), Landlord shall repair and maintain the structural and exterior portions and Common Areas take good care of the Building Demised Premises at its sole cost and expense, including, without limiting the Projectgenerality of the foregoing, including roofing and covering materials; foundations; exterior walls; the plumbing; common fire sprinkler systems (if any); common , heating, ventilating, air conditioning systems; common elevators; conditioning, electrical, lighting, sprinkler and other utility systems and fixtures and other equipment therein or serving the same and the appurtenances thereto, the structural components and roof and exterior windowswalls of the Building, all grounds, parking lots, facilities, vaults, signs, gutters, sidewalks, curbs and other paved walkways and areas on and adjacent thereto, exterior lighting fixtures, water, sewer, gas and other utility connections, pipes and mains, and common electrical systems.
18.2. Except for services of Landlordall other fixtures, if anymachinery and equipment now or hereafter serving the same, required by Section 18.1 hereofand Tenant agrees to put, Tenant will take good care keep and maintain all of the Premises foregoing in safe, sound and the fixtures lawful order and improvements therein (includingcondition, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions)and therein, whether ordinary and extraordinary, foreseen or and unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed necessary to put, keep and maintain the same in accordance such safe, sound and lawful order and condition and in compliance with Sections 24 all Governmental Requirements and 25 hereofInsurance Requirements (as such terms are hereinafter defined), and (b) replacements to howsoever the Tenant Improvementsnecessity or desirability therefor may have occurred, all so as to keep the Premises in a first class condition and state of repair, subject to whether or not necessitated by normal wear and tear, obsolescence or defects, latent or otherwise. Tenant shall not commit or suffer and will neither commit nor suffer any active or permissive waste shall use all reasonable precaution to prevent waste, damage or injury to the Demised Premises or any part thereof. Tenant shall at all times during the Term, at Tenant’s responsibilities 's sole cost and expense, contract for and maintain regular service of the heating, ventilating, air conditioning, the sprinklers and any elevators and lifts in the Building and all equipment related thereto with recognized maintenance companies and shall forward to Landlord duplicate executed original copies of all contracts and all renewals and modification thereof. Said contracts shall include the maintenance, repair thorough overhauling of said systems at least once each year and replacement of all of Tenant’s signage (both interior shall be kept in full force and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repair, subject to normal wear and tear (provided Tenant shall not be obligated to repaint the Premises effect during the last two (2) years of the Term, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant and consented to in writing by Landlord. Tenant shall, at Tenant’s expense, but under the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to the Premises or Building caused by the misuse or neglect thereof Term by Tenant, by .
Section 7.2 Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out of the Premises. Tenant shall be responsible for all janitorial service and trash removal from the Premises. Tenant covenants and agrees, at its sole cost and expense: (a) to comply with all present , shall also keep and future lawsmaintain the Demised Premises, orders including, without limitation, the sidewalks adjoining the same, in clean and regulations of the Federalorderly condition and free from dirt, Statesnow, countyice, municipal or other governing authorities regarding the collectionrubbish, sortingvermin, separation, and recycling of garbage, trash, rubbish obstructions and other refuse (collectivelyencumbrances.
Section 7.3 Tenant, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate at its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s sole own cost and expense, utilizing a contractor satisfactory covenants and agrees to keep the drain, waste and sewer pipes and connections with mains which are used by Tenant free from obstruction to the satisfaction of Landlord; , its agents and (e) that all authorities having jurisdiction. Tenant shall pay all costs, will be responsible for expenses, fines, penalties or losses and damages that may be imposed on incurred by Landlord or Tenant by reason of Tenant’s failure to comply with 's operations which result in the provisions obstruction of this Section.
18.3. Landlord shall not be liable for any failure to make any repairs drains, waste and sewer pipes and mains in or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. In the event that Landlord timely fails to make a repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenance.
18.4. If any excavation shall be made upon land adjacent to or under servicing the Building, or any part thereof.
Section 7.4 When used in this Lease, the term "repairs" shall include all necessary replacements, renewals, alterations and additions. All repairs to be made by Tenant shall be authorized of at least equal quality and utility to the quality and utility of the utility systems, fixtures, machinery and equipment installed as of the Commencement Date and shall be mademade in compliance with all Governmental Requirements and Insurance Requirements and the then applicable building code. Without limiting the generality of the foregoing, Tenant shall afford to the person causing not clean or authorized to cause such excavationrequire, license to enter the Premises for the purpose of performing such work as such person shall deem necessary permit, suffer or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without allow any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy window of the Demised Premises for to be cleaned from the Permitted Use.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included outside in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
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. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereof, to the extent that the cost of such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions exceeds the limits violation 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, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice thereforapplicable law.
Appears in 1 contract
Sources: Lease Agreement (Strainwise, Inc.)
Repairs and Maintenance. 18.1. Other than Condominium Common Areas located (a) Tenant shall at its own cost and expense keep and maintain all parts of the Property, if any, that are to be maintained by the Association pursuant to the Declaration Premises in good condition (which, if Landlord controls the Association, Landlord shall cause the Association to maintain in accordance with the Declarationreasonable wear and tear and casualty damage excepted), Landlord shall repair promptly making all necessary repairs and maintain the replacements, interior and exterior, structural and exterior portions non-structural, ordinary and Common Areas of the Building and the Projectextraordinary, including roofing but not limited to, windows, glass and covering materials; foundations; exterior walls; plumbing; common fire sprinkler systems (if any); common plate glass, doors, and special office entries, interior walls and finish work, floors and floor coverings, downspouts, gutters, heating, ventilating, air conditioning and ventilation systems; common elevators; , dock boards, truck doors, dock bumpers, irrigation systems, paving, parking lot improvements, plumbing work and fixtures, pest extermination, exterior windowslighting fixtures, regular removal of trash and common electrical systems.
18.2. Except for services debris, regular mowing of Landlordany grass, if anytrimming, required by Section 18.1 hereofweed removal, Tenant will take good care landscape replacement, general landscape maintenance, keeping the parking areas, driveways, alleys and the whole of the Premises premises in a clean and the fixtures sanitary condition. Tenant’s maintenance obligations shall include any rail spur areas and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively any spur track serving the Premises (but excluding all common utilities and common HVAC systems and all electricalif Tenant, plumbingat any time during the Lease Term, mechanical and HVAC equipment serving portions makes use of any rail spur track. In this regard, Tenant agrees to sign a joint maintenance agreement with the Building other than railroad company servicing the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused if requested by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvements, all so as to keep the Premises in a first class condition and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereofrailroad company. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repair, subject to normal wear and tear (provided Tenant shall not be obligated to repaint repair any damage caused by fire, tornado or other casualty covered by the Premises during the last two (2) years of the Term, as it may insurance to be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed maintained by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant and consented to in writing by Landlord. Tenant shall, at Tenant’s expense, but under the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage pursuant to the Premises or Building caused by the misuse or neglect thereof by Tenantprovisions of this Lease, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out of the Premises. except that Tenant shall be responsible for obligated to repair all janitorial service and trash removal from the Premises. Tenant covenants and agrees, at its sole cost and expense: (a) wind damage to comply glass except with all present and future laws, orders and regulations of the Federal, State, county, municipal respect to tornado or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); hurricane damage.
(b) In the event Tenant fails to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; perform or have performed the following services after written notice from Landlord and a ten (c10) day opportunity to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that cure, Landlord reserves the right to refuse to collect perform or accept from Tenant any waste that is not separate have performed the paving and sorted as required by lawlandscape maintenance, landscape replacement, exterior painting, maintenance of exterior lighting fixtures, and to require Tenant to arrange for such collection at the maintenance of the irrigation systems and common sewerage line plumbing which are otherwise Tenant’s sole obligations under paragraph 8(b)(l) above and in such event, Tenant shall, in lieu of the obligations set forth under paragraph 8(b)(l) above with respect to such items, be liable to Landlord for the reasonable cost and expense of same, including but not limited to, the reasonable cost for mowing of grass; care of shrubs; landscape replacement; general landscaping; maintenance (but not replacement) of parking areas, parking lot improvements, driveways and alleys; exterior repainting, maintenance of the exterior lighting fixtures and the maintenance of the irrigation systems. Tenant shall have no obligation to repair, maintain or contribute to Landlord’s expense of replacing, repairing or maintaining the roof, foundation of other structural portions of the Premises. In the event Landlord is permitted by the terms of this Lease and elects to perform or cause to be performed such work, Tenant shall pay when due such costs and expenses.
(c) Tenant shall, at its own cost and expense, utilizing enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor satisfactory for servicing all hot water, heating and air conditioning systems and equipment within or serving the Premises. The maintenance contractor and the contract must be approved by Landlord (which approval will not be unreasonably withheld or delayed). The service contract must include all services suggested by the equipment manufacturer within the operation/maintenance manual and must become effective (and a copy thereof delivered to Landlord; and (e) that Tenant shall pay all costs, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with the provisions of this Section.
18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. In the event that Landlord timely fails to make a repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice the date Tenant takes possession of the Premises.
(or, if such repair or maintenance cannot reasonably be completed d) If Tenant should fail to perform any of its obligations hereunder with such period, within the period of time reasonably required (so long as Landlord begins the repair or respect to repairs and maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty ten (3010) days after receipt of an invoice from Tenant therefor. Notwithstanding anything written notice form Landlord, then Landlord may, if it so elects, in this Section addition to the contraryany other remedies provided herein, before performing any effect such repairs or and maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenance.
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 provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted Use.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
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. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs incurred Any sums expended by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereof, to the extent that the cost of in effecting such repairs and maintenance caused shall be due and payable, on demand, together with interest thereon at the Maximum Rate from the date of each such expenditure by Landlord to the date of repayment by Tenant’s acts, neglect, fault or omissions 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, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice therefor.
Appears in 1 contract
Sources: Industrial Lease Agreement (Collegiate Pacific Inc)
Repairs and Maintenance. 18.1. Other than Condominium Common Areas located at the PropertyA. Except as expressly set forth in Section 5.F below, if any, that are to be maintained by the Association pursuant to the Declaration (which, if Landlord controls the Association, Landlord shall cause the Association to maintain in accordance with the Declaration), 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; common fire sprinkler systems (if any); common heating, ventilating, air conditioning systems; common elevators; exterior windows, and common electrical systems.
18.2. Except for services of Landlord, if any, required by Section 18.1 hereof, Tenant will take good care of the Premises and the fixtures and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvements, all so as to keep the Premises in a first class condition and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereof. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repair, subject to normal wear and tear (provided Tenant shall not be obligated to repaint the Premises during the last two (2) years of the Term, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant and consented to in writing by Landlord. Tenant shall, at Tenant’s its own cost and expense, keep and maintain all parts of the premises in good condition, promptly making all necessary repairs and replacements, interior and exterior, structural and non-structural, ordinary and extraordinary, including but under not limited to, windows, glass and plate glass, doors and any special office entry, walls and finish work, floors and floor covering, roof, foundation, down- spouts, gutters, heating and air conditioning systems, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, termite and pest extermination, regular removal of trash and debris, regular mowing of any grass, trimming, weed removal and general landscape maintenance, including rail spur areas, keeping the direction parking areas, driveways, alleys and the whole of Landlordthe premises in a clean and sanitary condition, and maintaining any spur track serving the premises (Tenant agrees to sign a joint maintenance agreement with the railroad company servicing the premises, if requested by contractors selected the railroad company). Tenant shall at its own cost and expense repaint exterior overhead doors, canopies, entries, handrails, gutters, and other exposed parts of the building which reasonably require periodic repainting to prevent deterioration or to maintain aesthetic standards.
B. The cost of maintenance and repair of any common party wall (any wall, divider, partition or any other structure separating the premises from any adjacent premises occupied by other tenants) shall be shared equally by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to the Premises or Building caused by the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out of the Premisestenant occupying adjacent premises. Tenant shall be responsible for all janitorial service not damage any party wall or disturb the integrity and trash removal from the Premises. Tenant covenants support provided by any party wall and agreesshall, at as its sole cost and expense: (a) , promptly repair any damage or injury to comply with all present any party wall caused by Tenant or its employees, agents or invitees.
C. In the event the premises constitute a portion of a multiple occupancy building, Tenant and future lawsits employees, orders customers and licensees shall have the exclusive right to use the parking areas, if any, as may be designated by Landlord in writing, subject to such reasonable rules and regulations of the Federalas Landlord may from time to time prescribe, StateFurther, countyin multiple occupancy buildings, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by lawperform the roof, paving, and landscape maintenance, exterior painting and common sewage line plumbing which are otherwise Tenant's obligations under subparagraph A above, and Tenant shall, in lieu of the obligations set forth under subparagraph A above with respect to such items, be liable for its proportionate share (as defined in subparagraph 4(B) above) of the cost and expense of the care for the grounds around the building, including but not limited so, the mowing of grass, care of shrubs, general landscaping, maintenance of parking areas, driveways and alleys, roof maintenance, exterior repainting and common sewage line plumbing; provided, however, that Landlord shall have the right to require Tenant so pay such other reasonable proportion of said mowing, shrub care and general landscaping costs as may be determined by Landlord in its sole discretion; and further provided that if Tenant or any other particular tenant of the building can be clearly identified as being responsible for obstruction or stoppage of the common sanitary sewage lien then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demand, as additional rent. Tenant shall pay when due its share, determined as aforesaid, of such costs and expenses along with the other tenants of the building to arrange Landlord upon demand, as additional rent, for the amount of its share as aforesaid of such collection costs and expenses in the events Landlord elects to perform or cause to be performed such work. (See Addendum Paragraph 3)
D. In the event the premises constitute a portion of a multiple occupancy building, Landlord shall be responsible for coordinating any repairs and other maintenance of any rail tracks serving or to serve the building, and if Tenant uses such rail tracks, Tenant shall reimburse Landlord from time to time upon demand, as additional rent, for a share of the costs of such repairs and maintenance and any other sums specified in any agreement to which Landlord is a party respecting such tracks, such share so be a fraction the numerator of which is the space contained in the premises, and the denominator of which is the entire space occupied by rail users in the building.
E. Tenant shall, at Tenant’s sole its own cost and expense, utilizing enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor satisfactory for servicing all heating and air conditioning systems and equipment within the premises. The maintenance contractor and the contract must be approved by Landlord. The service contract must include all services suggested by the equipment manufacturer within the operation/maintenance manual and must become effective (and a copy thereof delivered to Landlord; and (e) that Tenant shall pay all costs, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with the provisions of this Section.
18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. In the event that Landlord timely fails to make a repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenance.
18.4. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, date 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 provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy takes possession of the Premises for the Permitted Use.
18.5premises. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
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. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereof, to the extent that the cost of such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions 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, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice therefor.See Addendum Paragraph 4)
Appears in 1 contract
Repairs and Maintenance. 18.1. Other than Condominium Common Areas located (See also Article 66) ----------------------------------------------
A. Supplementing Article 4, Tenant shall perform, at the PropertyTenant's sole expense, if any, that are to be maintained by the Association pursuant to the Declaration satisfaction of Landlord reasonably exercised, all necessary repairs (whichexcept those caused by or resulting from carelessness, if omission, neglect or improper conduct of Landlord controls the Associationor Landlord's servants, employees, invitees or licensees, which shall be repaired by Landlord shall cause the Association at Landlord's expense) to maintain in accordance with the Declaration), Landlord shall repair and maintain the structural and exterior portions and Common Areas routine or other maintenance of any of the Building and the Projectfollowing:
(1) Any plumbing, including roofing and covering materials; foundations; exterior walls; plumbing; common fire sprinkler systems (if any); common electrical, heating, ventilating, air conditioning systems; common elevators; exterior windowsconditioning, exhaust, sewage, sprinkler or fire warning system, or any part, fixture, pipe, conduit, duct or other element thereof, wherever located and common electrical systems.
18.2. Except for services of Landlordwhether installed by Landlord or Tenant (a) which is utilized to furnish service exclusively to the demised premises or (b) which is a horizontal pipe, if anyconduit, required by Section 18.1 hereofduct or other element off a vertical riser, Tenant will take good care pipe, conduit or duct, which horizontal element furnishes service exclusively to the demised premises, whether located within the space of the Premises and demised premises or the fixtures and improvements therein (includingexterior or interior walls of the building. Included within the foregoing, without limitation, all wallsare any sinks, doorstoilets, ceilings and tubs, outlets, lighting fixtures, signs, cables, electric panel boxes, fuses, radiators, heaters, air-handling units, vents, hoods, floor drains or 45 sprinkler heads or pipes which are utilized solely within the demised premises.
(2) Any entrance or interior doors or any interior windows or security gates in the demised premises.
B. Throughout the term of this Lease, Landlord shall maintain and operate the 521 Building at at least the same levels of appearance and efficiency as prevailed on the date of execution of this Lease. Landlord shall perform, at Landlord's sole expense, all necessary repairs (except those caused by or resulting from carelessness, omission, neglect or improper conduct of Tenant, Tenant's servants, employees, sub-tenants, invitees or licensees, which, whether structural or non-structural in nature, shall be repaired by Tenant as provided in Article 4) to and routine or other maintenance of any of the following:
(1) Any plumbing, electrical, plumbingheating, mechanical ventilating, air conditioning, exhaust, sewage, sprinkler or fire warning system, or any part, fixture, pipe, conduit, duct or other element thereof, which is utilized to furnish service to the demised premises in common with other apace in the 521 Building, except that horizontal pipes, conduits, ducts or other elements as described in subparagraph A(1) of this Article 49 shall not be Landlord's responsibility under this paragraph B.
(2) All structural elements of the 521 Building (including exterior windows) including such repairs as are necessary to keep the building in a water-tight condition.
C. Tenant shall be solely responsible, at Tenant's sole expense, for the removal from the demised premises and HVAC equipment exclusively the 521 Building and disposal of all debris, rubbish and waste arising from its operations. Debris and rubbish from conduct of construction operations, including the Initial Improvements, in the demised premises shall be removed from the building by Tenant's contractors performing same. The removal and disposal of normal office rubbish, including stationery, lunchroom waste and other paper waste, shall be arranged for by Tenant. Medical waste, chemical waste and radioactive waste from Tenant's operations shall be separately containerized, packed, labeled and manifested in accordance with all applicable Federal, State and City regulations, and removed and disposed of from the building with reasonable frequency. Only the freight elevators shall be 46 used for the removal of all Tenant's waste from the building, and no medical, chemical or radioactive waste shall be deposited on or suffered to be left on Landlord's ground floor loading dock serving the Premises (but excluding all common utilities building.
D. Landlord will perform routine maintenance and common HVAC systems cleaning and all electricalnecessary repairs, plumbingat Landlord's sole expense, mechanical and HVAC equipment serving portions of the passenger and freight elevators serving the demised premises and of the areas of facilities within or without the 521 Building used in common by Tenant and other occupants of the building, except that any elevator damage caused by the negligent or willful act or omission of Tenant or Tenant's employees, contractors, agents, subtenants, licensees or invitees shall be repaired at Tenant's sole expense.
E. In addition to the parties' respective obligations under the preceding paragraphs A, B and D of this Article 49, each party to this Lease shall be responsible for making, at its own expense, the additional repairs, whether structural or non-structural, necessitated by its delay or failure to make the repairs required in a timely manner after written notice by the other party to do so, except where such delay or failure is caused by or arises out of Acts of God or other circumstances beyond the control of the responsible party.
F. Tenant shall designate one person who alone shall communicate to Landlord's Real Estate Manager the Tenant's requests for repairs required to be made by Landlord under the terms of this Article and requests for additional services under Article 45 D and Article 54.
G. To the extent feasible, Landlord will give Tenant access on a 24-hour basis to areas in the 521 Building other than the Premises)demised premises, will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvements, all so as to keep the Premises in a first class condition and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereof. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, including without limitation, all related linesthe roof, conduits, pipes, cabling, connections sewage ejector and the like, located outside exterior walls of the Premises buildings and shaft-ways, that were installed by Tenant or installed by Landlord exclusively may be necessary in order for Tenant to effect the repairs and maintenance required of Tenant under this Article and Article 4 of this Lease and to perform Tenant's alterations pursuant to this LeaseArticle 50. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repair, subject to normal wear and tear (provided Tenant shall not be obligated to repaint obtain the Premises during the last two (2) years of the Term, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant and consented to in writing by Landlord. Tenant shall, at Tenant’s expense, but under the direction consent of Landlord, by contractors selected by Tenant and consented 's Real Estate Manager to in writing by Landlord, promptly repair any injury or damage to the Premises or Building caused by the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out of the Premisesenter such areas. Tenant shall be solely responsible for all janitorial service and trash removal from the Premises. acts of all persons whom Tenant covenants and agrees, at its sole cost and expense: (a) directs or allows to comply with all present and future laws, orders and regulations of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into enter such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s sole cost and expense, utilizing a contractor satisfactory to Landlord; and (e) that Tenant shall pay all costs, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with the provisions of this Section.
18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation areas pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. In the event that Landlord timely fails to make a repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenance.
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 provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted Use.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
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. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereof, to the extent that the cost of such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions 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, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice therefor.paragraph G.
Appears in 1 contract
Sources: Lease Agreement (Impath Inc)
Repairs and Maintenance. 18.1. Other than Condominium Common Areas located at the Property, if any, that are to be maintained by the Association pursuant to the Declaration (which, if Landlord controls the Association, Landlord shall cause the Association to maintain in accordance with the Declaration), Landlord shall repair and maintain the structural and exterior portions and Common Areas Area of the Building and the Project, including roofing and covering materials; foundationsfoundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; common fire sprinkler systems (if any); common heatingbase Building HVAC systems up to the first damper or isolation valve that serves the Premises (for purposes of clarity, ventilatingthe portion of the HVAC system that includes such first damper or isolation valve and extends into and through the Premises, air conditioning systemsand 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); common elevators; exterior windows, and common base Building electrical systemssystems installed or furnished by Landlord.
18.2. Except for services of Landlord, if any, required by Section 18.1 hereof18.1, Tenant will take good care of the Premises and the fixtures and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvements, all so as to keep the Premises in a first class condition and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereof. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repair, subject to normal wear and tear (provided Tenant shall not be obligated to repaint the Premises during the last two (2) years of the Term, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons maintain and keep the Premises (including but not limited to the portion of the HVAC system that includes the first damper or contractors selected by Tenant isolation valve and consented extends into and through the Premises, any supplemental HVAC serving the Premises, and any other systems or equipment exclusively serving the Premises) and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted, and shall, within ten (10) days after receipt of written notice from Landlord, provide to in writing by LandlordLandlord any maintenance records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, but under remove all telephone and data systems, wiring and equipment from the direction of LandlordPremises (with respect to wiring, only to the extent installed by contractors selected by a Tenant Party (as defined below)), and consented to in writing by Landlord, promptly repair any injury or damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or Building caused by the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on paint the Premises by Tenant, or by Tenant moving in or out any part thereof.
18.3. Throughout the Term of the Premises. Lease, Tenant shall be responsible for all janitorial service and trash removal from the Premises. Tenant covenants and agreesshall, at its sole cost and expense: (a) to comply with all present and future laws, orders and regulations of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s sole cost and expense, utilizing a contractor satisfactory 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 Landlord; and (e) Landlord any maintenance records, service or inspection reports that Tenant shall pay all costs, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with the provisions of this Sectionreasonably requests.
18.318.4. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. In the event that Landlord timely fails to make a repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to Except as otherwise set forth in Section 31.13 of this Lease, Tenant may notify Landlord of such failure and, if Landlord does not waives its rights under Applicable Laws now or hereafter in effect to make the repair or perform the maintenance within thirty (30) days after repairs at Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenanceexpense.
18.418.5. 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 provided Lease, provided, however, that in any such entry does not materially adversely affect event Landlord shall use reasonable efforts to minimize disruption of Tenant’s beneficial use and occupancy of the Premises for the Permitted Use.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereofbusiness 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. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs Costs incurred by Landlord pursuant to this Article Article, other than pursuant to Section 18.5, shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereofforegoing, to the extent that the cost of such repairs and maintenance caused by 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, then Landlord shall file a claim for such excess pursuant to 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 maintained the insurance it is required to obtain and maintain pursuant to this Lease, Landlord shall pay such excess, other than what the deductible would have been had Landlord obtained and maintained the requisite insurance, which Tenant shall pay to Landlord within thirty (30) days after receipt of an invoice therefor).
Appears in 1 contract
Sources: Lease (Cyclerion Therapeutics, Inc.)
Repairs and Maintenance. 18.12.1. Other than Condominium Common Areas located at Notwithstanding anything in the Property, if any, that are to be maintained by the Association pursuant Existing Lease to the Declaration contrary (whichincluding without limitation, if Landlord controls Article 3 of the AssociationAddendum to the Original Lease and Section 6 of the Third Amendment), effective as of April 1, 2017, Landlord shall cause the Association to maintain in accordance with the Declaration), Landlord shall repair be responsible for repairing and maintain the structural and exterior portions and Common Areas maintaining certain elements of the Building and Premises limited to the Project, including exterior structural portions of the Premises; the roofing and covering materialsmaterials including performing roof surveys; foundations; exterior wallswalls and facade; plumbingall landscaping, sidewalks and parking areas contained in or about the Premises; common fire sprinkler systems snow removal (if anybut not trash removal); common heating, ventilating, air conditioning systems; common elevatorsexterior washing of windows; exterior windows, window repair; exterior lighting including parking lot lighting; and common electrical systems.
18.2. Except for services of Landlord, if any, required by Section 18.1 hereof, Tenant will take good care of the Premises and the fixtures and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving exterior signage at the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions signage installed or affixed by Tenant pursuant to Section 27 of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnationOriginal Lease, which shall be addressed Tenant’s responsibility). The costs associated with such repairs and maintenance shall be included in Operating Expenses (defined below). Landlord shall continue to be responsible for performing all necessary capital repairs and replacements involving the structural components of the base building and the parking areas as described in Section 6 of the Third Amendment, and such expenditures shall in each case be amortized over the useful life thereof in accordance with Sections 24 generally accepted accounting principles and 25 hereof), included in Operating Expense and (b) replacements only the portion attributable to the Tenant Improvementscalendar year shall be included in the Operating Expenses for the calendar year. Except as expressly provided in this Section 2 or elsewhere in the Lease, all so as to keep the Premises in a first class condition and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereof. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repair, subject to normal wear and tear (provided Tenant shall not be obligated required to repaint maintain or make any repairs or replacements or provide any services of any nature or description whatsoever to the Premises during the last two (2) years of the Term, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant and consented to in writing by Landlord. Tenant shall, at Tenant’s expense, but under the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to the Premises or Building caused by the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out of the Premises. Tenant shall be responsible for all janitorial service and trash removal from the Premises. Tenant covenants and agrees, at its sole cost and expense: (a) to comply with all present and future laws, orders and regulations of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s sole cost and expense, utilizing a contractor satisfactory to Landlord; and (e) that Tenant shall pay all costs, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with the provisions of this Section.
18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. In the event that Landlord timely fails to make a repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenance.
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 provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted Use.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
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. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereof, to the extent that the cost of such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions 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, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice therefor.
Appears in 1 contract
Sources: Lease (Novavax Inc)
Repairs and Maintenance. 18.19.1. Other than Condominium Common Areas located at From and after the PropertyCommencement Date, if any, that are to be maintained by the Association pursuant to the Declaration (which, if Landlord controls the Association, Landlord shall cause the Association to maintain in accordance with the Declaration), 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; common fire sprinkler systems (if any); common heating, ventilating, air conditioning systems; common elevators; exterior windows, and common electrical systems.
18.2. Except for services of Landlord, if any, required by Section 18.1 hereof, Tenant will take good care of the Premises and the fixtures and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvements, all so as to keep the Premises in a first class condition and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereof. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repair, subject to normal wear and tear (provided Tenant shall not be obligated to repaint the Premises during the last two (2) years of the Term, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant and consented to in writing by Landlord. Tenant shallLessor, at Tenant’s expense, but under the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to the Premises or Building caused by the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out of the Premises. Tenant shall be responsible for all janitorial service and trash removal from the Premises. Tenant covenants and agrees, at its sole cost and expense: (a) to comply with all present and future laws, orders and regulations of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at TenantLessor’s sole cost and expense, utilizing shall repair, maintain and keep in good condition the footing, foundations and structural walls of the Building, but not including the roof of the Building (except that Lessor shall be responsible for any defect in workmanship or materials in Lessor’s Work) and further excepting any structural repairs or maintenance required as a contractor satisfactory result of the negligence of Lessee, or of Lessee’s agents, contractors, servants, employees or invitees on or about the Premises, or which otherwise arises as a result of Lessee’s use of the Premises for activities different from those currently conducted therein.
9.2. From and after the Commencement Date, Lessee, at Lessee’s sole cost and expense, shall repair, maintain and keep in good condition the roof of the Building and the roof structure following completion of the same by Lessor (subject to Landlord; Lessor’s responsibilities contained in Section 9.1 above) and the interior of the Building which shall include all systems and equipment within the Building including (ebut not limited to) repair and maintenance of all elevators, HVAC systems, boilers, mechanical systems, electrical systems, sprinklers, security systems, plumbing systems and associated equipment within the Building, and Lessee shall also be responsible for any repairs or maintenance which would otherwise be the responsibility of Lessor pursuant to Section 9.1 above, but the need for which arises as a result of Lessee’s activities as therein more particularly described. Notwithstanding the foregoing, Lessee shall not be responsible for any such repairs and maintenance, the need for which arises as a result of the negligence of Lessor or of Lessor’s agents, contractors, servants, employees or invitees.
9.3. Lessee shall at all times keep the hallways and entrances to the Building free and clear of debris, and shall also provide for interior janitorial service (including carpet maintenance), interior painting (and re-painting, where necessary), replacement of lighting ballasts and bulbs, and interior and exterior window cleaning.
9.4. Lessee shall, at Lessee’s sole cost and expense, repair and maintain, in a manner consistent with comparable first-class office space in Fairfield County, Connecticut, the parking area, access roads, sidewalks, lawns and planting areas at the Premises, which maintenance shall include (as necessary, desirable and/or appropriate) the mowing, landscaping, plowing, sanding and sweeping thereof. With respect to the access roads that Tenant do not form a part of the Premises but are within the Park, Lessor shall maintain the same in a manner consistent with that of comparable business parks, including paving, sanding and plowing the same, and Lessee shall pay Lessee’s pro rata share of the cost thereof to Lessor, as reasonably determined by Lessor.
9.5. Lessee shall not permit, allow or cause any act or deed to be performed or any practice to be adopted or followed on the Premises and/or within the Building which shall cause or be likely to cause injury or damage to any person or to the Premises or to any part thereof. Lessee at all coststimes shall keep the Premises and the Building in a neat and orderly condition and clean and free from rubbish, expensesdirt and other miscellaneous items. Lessee shall make provision for adequate refuse containers to be placed upon the Premises in areas to be designated by Lessor and shall cause the same to be emptied periodically. Lessee shall deposit all refuse in such containers and shall keep the area around the same reasonably neat and attractive.
9.6. Without prejudice to the generality of the obligations of Lessee pursuant to this Section 9, finesit is agreed and understood that any time during the Initial Term and/or the Renewal Term (as appropriate) Lessee shall, penalties or damages that may at Lessee’s sole cost and expense, and in a good and workmanlike manner, perform and complete Lessee’s Additional Work. With respect to the carrying out of Lessee’s Additional Work, Lessor shall be imposed on Landlord or Tenant by reason provided with a reasonable opportunity to bid for the carrying out of Tenant’s failure to the same, and insofar as the same are applicable, Lessee shall otherwise comply with all of the provisions of this Section.
18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenanceSection 10 below. In the event that Landlord timely fails Lessee shall have failed to make a repair or perform maintenance inside commence Lessee’s Additional Work within six (6) months prior to the Premises that is Landlordexpiration of the Initial Term (if Lessee shall have failed to exercise Lessee’s obligation option for the Renewal Term pursuant to this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make Section 23 below) or in the repair or perform the maintenance event that Lessee shall have failed to commence Lessee’s Additional Work within thirty six (306) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants months of the Project that may be affected end of the need for such repairs or maintenance.
18.4. If any excavation Renewal Term, then Lessor shall be made upon land adjacent to or under have the Building, or shall be authorized to be made, Tenant shall afford to right (but not the person causing or authorized to cause such excavation, license obligation) to enter the Premises and carry out Lessee’s Additional Work for the purpose account 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 that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted Use.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the AssociationLessee, and not Landlord, is responsible for the maintenance, repair all reasonable costs and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items expenses incurred by Lessor in so doing shall be included in Common Expenses in accordance with the Declaration and Tenant shall paid by Lessee within ten (10) Business Days after demand thereafter by Lessor (which demand may be responsible to pay its Pro Rata Share by way of such amounts as are assessed against the Unit or Landlord installment as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts work progresses) as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereofAdditional Rent hereunder.
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. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereof, to the extent that the cost of such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions 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, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice therefor.
Appears in 1 contract
Sources: Lease Agreement (Atmi Inc)
Repairs and Maintenance. 18.1. Other than Condominium Common Areas located at 11.1 Landlord will keep the Propertyexterior, if anyincluding the roof and structural portions of the Premises, that are to be maintained by the Association pursuant to the Declaration (whichexcept doors in good repair; provided, if Landlord controls the Associationhowever, Landlord shall cause not be responsible for the Association repair of any damage that shall be caused by the negligence of the Tenant or its agents, servants, employees, assignees, sublessees, contractors, customers, or invitees. The Landlord agrees to maintain keep in accordance with the Declaration), Landlord shall good repair and maintain to maintain, to the structural extent reasonably necessary and exterior portions and consistent with good business practices, the Common Areas Area of the Building and the ProjectBusiness Park, including roofing and covering materials; foundations; exterior walls; plumbing; common fire sprinkler systems (if any); common heating, ventilating, air conditioning systems; common elevators; exterior windows, and common electrical systems.
18.2. Except for services of Landlord, if any, required by Section 18.1 hereof, Tenant will take good care of the Premises and the fixtures and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvements, all so as to keep the Premises in a first class condition same reasonably free from debris and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereofilluminate such areas adequately. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repair, subject to normal wear and tear (provided Tenant shall not be obligated to repaint the Premises during the last two (2) years of the Term, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons under no other liability for repair, maintenance, alteration or contractors selected by Tenant and consented to in writing by Landlord. Tenant shall, at Tenant’s expense, but under the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage other action with reference to the Premises or Building caused by the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agentsany part thereof, or invitees permitted any plumbing, heating, electrical, air conditioning or invited (whether other mechanical installation therein, except as otherwise provided by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out Article Eleven of the Premisesthis Lease Agreement relating to repair of damage from a casualty. Tenant Landlord shall be responsible for all janitorial service repair in excess of $250.00 per occurrence.
11.2 Landlord agrees to provide and trash removal from maintain the necessary mains, feeders, ducts and conduits within the Business Park in order to bring gas and electricity up to the boundary of the Premises. Tenant covenants and agrees, at its sole cost and expense: (a) to comply with ; it being understood that all present and future laws, orders and regulations means of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s sole cost and expense, utilizing a contractor satisfactory to Landlord; and (e) that Tenant shall pay all costs, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with the provisions of this Section.
18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need distribution of such repairs or maintenance. In the event that Landlord timely fails to make a repair or perform maintenance inside services within the Premises that is Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenance.
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 provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted Use.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
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. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereof, to the extent that the cost of such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions exceeds the limits of any insurance maintained or required to be maintained by the Tenant pursuant at the Tenant's expense.
11.3 Tenant hereby agrees to this Lease but are covered by insurance maintained keep the interior of the Premises, including any doors, together with all lighting, electrical, plumbing, heat, ventilating and air conditioning systems and other mechanical installations therein, in good order and repair and will make all replacements thereto at its own expense. Tenant will surrender the leased Premises at the expiration of the term or required at such other
11.4 Landlord agrees that on all new interior construction, the normal contractor and equipment warranties will inure to be maintained by Landlord under this Lease, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt benefit of an invoice therefor.Tenant. ARTICLE
Appears in 1 contract
Sources: Business Lease Agreement (Industrial Data Systems Corp)
Repairs and Maintenance. 18.18.1. Other than Condominium Common Areas located Landlord, at its expense, shall keep, maintain and repair in good condition the PropertyHVAC, if anyexterior walls (including, that are to be maintained by the Association pursuant to the Declaration (whichbut not limited to, if Landlord controls the Associationpreventing water leaks) and windows, Landlord shall cause the Association to maintain in accordance with the Declaration)roof, Landlord shall repair structural elements and maintain the structural and exterior portions and Common Areas building systems of the Building and the Projectparking areas and landscaping on the Property. The cost of performing such maintenance and repairs shall be included in Operating Expenses to the extent permitted pursuant to Section 4.2 hereof. Notwithstanding anything to the contrary set forth in this Section 8.1, including roofing Tenant (and covering materials; foundations; exterior walls; plumbing; common fire sprinkler systems (if any); common heating, ventilating, air conditioning systems; common elevators; exterior windows, and common electrical systemsnot Landlord) shall be responsible for the maintenance of the items listed in this Section 8.1 to the extent any repairs arise out of the fault or negligence of Tenant.
18.28.2. Except for services of LandlordTenant shall, if anythroughout the Term, required by Section 18.1 hereof, Tenant will take good care of and maintain the Premises and the fixtures and improvements therein (includingappurtenances therein, without limitationand shall make all repairs and replacements, all walls, doors, ceilings as and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving when needed to preserve the Premises (but excluding all common utilities in good working order and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving condition except for those portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required Premises which are Landlord's responsibility as a result of a casualty or condemnation, which shall be addressed set forth in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvements, all so as to keep the Premises in a first class condition and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste Section 8.1 above. All damage or injury thereof. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repair, subject to normal wear and tear (provided Tenant shall not be obligated to repaint the Premises during the last two (2) years of the Term, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant and consented to in writing by Landlord. Tenant shall, at Tenant’s expense, but under the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to the Premises or Building to any other part of the Building, or to its grounds, fixtures, equipment, systems and appurtenances, whether requiring structural or nonstructural repairs, caused by the misuse or neglect thereof by resulting from any carelessness, act, omission, negligent or improper conduct of Tenant, by Tenant’s contractors, subcontractors, customers's servants, employees, licenseescontractors, agents, invitees or invitees permitted licensees, or invited (whether by express the use or implied invitation) on manner of use of the Premises by TenantTenant or any such person, or shall be repaired promptly by Tenant moving in or out of the Premises. Tenant shall be responsible for all janitorial service and trash removal from the Premises. Tenant covenants and agrees, at its sole cost and expense: (a) , to comply with the reasonable satisfaction of Landlord. Tenant shall also repair all present damage to the Building and future lawsto the Premises caused by the moving of Tenant's fixtures, orders and regulations furniture, or equipment into or out of the Federal, State, county, municipal Premises or other governing authorities regarding the collection, sorting, separation, installation thereof. All such repairs shall be of quality and recycling of garbage, trash, rubbish and other refuse class equal to the Initial Tenant Improvements. If Tenant fails after ten (collectively, “trash”); (b10) days' notice to comply proceed with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s sole cost and expense, utilizing a contractor satisfactory to Landlord; and (e) that Tenant shall pay all costs, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with the provisions of this Section.
18.3. Landlord shall not be liable for any failure due diligence to make any repairs or required to perform any maintenance that is Landlord’s obligation pursuant be made by Tenant (except in an emergency, wherein Landlord may proceed immediately if Tenant does not immediately proceed to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of repair), such repairs or maintenance. In the event that Landlord timely fails to make a repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected made by Landlord at the need for such repairs or maintenance.
18.4. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, expense of Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted Use.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration costs and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
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. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs expenses thereof incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding be collectible as Additional Rent on the foregoing and subject to date on which the provisions next installment of Section 23.7 hereof, to the extent that the cost of such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions 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 Fixed Rent is due hereunder following delivery by Landlord under this Lease, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice therefor.
Appears in 1 contract
Sources: Lease (Dialogic Corp)
Repairs and Maintenance. 18.113.01. Other than Condominium Common Areas located Tenant, at its expense, shall maintain the PropertyDemised Premises in good condition and, if anysubject to Landlord's rights under Section 13.02, that shall promptly make (i) all nonstructural repairs within the Demised Premises (excluding overhead plumbing lines, sprinklers, HVAC duct work, and exterior windows) necessary to maintain such condition, provided such repairs are to be maintained not necessitated by the Association pursuant to the Declaration (which, if Landlord controls the Association, Landlord shall cause the Association to maintain in accordance with the Declaration), 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; common fire sprinkler systems (if any); common heating, ventilating, air conditioning systems; common elevators; exterior windows, and common electrical systems.
18.2. Except for services fault of Landlord, if anyits agents, required by Section 18.1 hereofemployees, Tenant will take good care of the Premises and the fixtures and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts contractors or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and 25 hereof)invitees, and (bii) replacements all structural repairs, as well as all repairs to the Tenant Improvementsnonstructural items excluded above, all so as to keep necessitated by the Premises in a first class condition and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereof. Tenant’s responsibilities shall include the maintenance, repair and replacement of all fault of Tenant’s signage (both interior and exterior) and all other facilities and equipment , its agents, employees, contractors, or invitees or by the making of Alterations. Landlord, at its expense, shall make repairs for which Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises is not responsible that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as are necessary to maintain the Demised Premises and Building in a first-class condition good condition.
13.02. Landlord shall give Tenant reasonable notice of Landlord's intention to make repairs for which Landlord is responsible and state of repair, subject shall so make them as to normal wear and tear minimize interference with Tenant's business operations to the extent within Landlord's reasonable control (provided Tenant but the foregoing shall not be obligated construed to repaint the Premises during the last two (2) years obligate Landlord to make such repairs outside of the TermBusiness Hours, as it may be extendedhereinafter defined). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant and consented to in writing by Landlord. Tenant shall, at Tenant’s expense, but under the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to the Premises or Building caused by the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out of the Premises. Tenant shall be give Landlord and other affected tenants in the Building reasonable notice of Tenant's intention to make repairs for which Tenant is responsible for all janitorial service and trash removal from shall so make them as to minimize interference with other tenants' business operations and with the Premises. Tenant covenants operation and agrees, at its sole cost and expense: (a) to comply with all present and future laws, orders and regulations maintenance of the FederalBuilding. Notwithstanding, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s sole cost and expense, utilizing a contractor satisfactory to Landlord; and (e) that Tenant shall pay all costs, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with the foregoing provisions of this Section.
18.3. , Landlord shall not be liable for any failure may, on notice to make any repairs or Tenant and at Tenant's expense, elect to perform any maintenance that repair for which Tenant is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. In the event that Landlord timely fails to make a repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to this Leaseresponsible, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs or maintenance, whereupon Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate deposit with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenance.
18.4. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized amount estimated by Landlord 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 provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted Use.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
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. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereof, to the extent that the reasonable cost of such repairs and maintenance caused by Tenant’s actsrepairs, neglect, fault subject to refund to Tenant or omissions exceeds additional payment to Landlord when the limits actual cost (which shall be reasonable) is determined at the completion 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, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice thereforrepairs.
Appears in 1 contract
Repairs and Maintenance. 18.1. Other than Condominium Common Areas located at the Property, if any, that are to be maintained by the Association pursuant to the Declaration (which, if Landlord controls the Association, Landlord Tenant shall cause the Association to maintain in accordance with the Declaration), Landlord shall repair keep and maintain the structural and exterior portions and Common Areas interior of the Building and the ProjectPremises, including roofing and covering materials; foundations; exterior walls; all plumbing; common fire sprinkler systems (if any); common heating, ventilatingwiring, air conditioning systems; common elevators; exterior windowspiping, and common electrical systems.
18.2. Except for services of Landlord, if any, required by Section 18.1 hereof, Tenant will take good care of the Premises and the fixtures and improvements therein (including, without limitation, all wallsfixtures, doors, ceilings and lighting fixturesmechanical equipment (HVAC, etc.) in good and substantial repair during the term of this Lease, or any extension thereof, and shall replace all electrical, plumbing, mechanical glass in windows and HVAC equipment exclusively serving doors damaged or broken during the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions term of the Building Lease; such agreements of Tenant, however, shall not apply to any damage caused by fire or other casualties which are covered by standard fire and 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 the Premises), will make (a) all repairs thereto (excluding roof and structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvements, all so as to keep the Premises in a first class condition and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereofrepairs. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repair, subject to normal wear and tear (provided Tenant shall not be obligated to repaint perform ordinary repairs and maintenance on the Premises during the last two (2) years interior of the Term, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, including all plumbing, wiring, piping, fixtures, doors, and mechanical equipment (HVAC, etc.) in good and substantial repair during the term of this Lease, or any extension thereof, and shall replace all glass in windows and doors damaged or broken during the term of the Lease; such agreements of Tenant, however, 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 the same may change from time to timethey shall be needed and at its own expense. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost have no obligations to make repairs to premises, other than roof and expense by persons or contractors selected by Tenant and consented to in writing by Landlord. Tenant shall, at Tenant’s expense, but under the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to the Premises or Building caused by the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out of the Premisesstructural repairs. Tenant shall be responsible for all janitorial service and trash removal from the Premises. Tenant covenants and agrees, at its sole cost and expense: (a) to comply with all present and future laws, orders and regulations of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s sole their own cost and expense, utilizing agree to enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor satisfactory approved by Landlord, for servicing all heating and air conditioning systems and equipment servicing the Premises and an executed copy of such contract shall be delivered to Landlord; . This service contract must include all services suggested by the equipment manufacturer within the operations/maintenance manual and (e) that Tenant shall pay all costs, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with the provisions of this Section.
18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. In the event that Landlord timely fails to make a repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance must become effective within thirty (30) days after Landlord’s receipt of such notice the date you take possession of the Premises. Landlord may (or, if such repair or maintenance canbut shall not reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)to), Tenant may upon notice to Tenant, elect to enter into such a maintenance service contract on your behalf or perform the repair or maintenance and Landlord work itself and, in either case, charge you therefore, together with a reasonable charge for overhead, provided in no event shall reimburse Tenant charges shall not be greater than customary charges for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenance.
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 provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted Use.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents similar services in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereofarea.
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. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereof, to the extent that the cost of such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions 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, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice therefor.
Appears in 1 contract
Sources: Commercial Lease
Repairs and Maintenance. 18.19.1. Other than Condominium Common Areas located at Section 19.1 of the Property, if any, that are to be maintained by the Association pursuant to the Declaration (which, if Landlord controls the Association, Landlord shall cause the Association to maintain Lease is hereby deleted in accordance its entirety and replaced with the Declaration), following: “Landlord shall repair and maintain in good condition the structural and exterior portions and Common Areas and the structural, exterior and base building portions (interior and exterior) of the Building and the ProjectBuildings, including grounds, roofing and covering materials; , foundations; , exterior walls; plumbing; common , plumbing (excluding eye wash, safety showers, specialty gas, and laboratory services, including RODI), fire sprinkler systems (if any); common , heating, ventilating, air conditioning conditioning, base building management systems; common , elevators; exterior windows, and common electrical systems.
18.2. Except for services of Landlord, if any, required by Section 18.1 hereof, Tenant will take good care of the Premises and the fixtures and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make Provided (a) Tenant then leases and occupies all repairs thereto of the 735 Building, the 745 Building and the 755 Building, (excluding structural repairs unless caused by Tenant’s acts or omissionsb) the applicable recurring maintenance work is completely within the 735 Building, the 745 Building and/or the 755 Building and (c) the applicable recurring maintenance work does not affect any other tenant of the Entire Project (even in a de minimis amount), then Tenant shall have the right to review and modify the scope of such contracted recurring maintenance work (whether foreseen such contract was entered into prior to, on or unforeseenafter the Execution Date of the Eleventh Amendment), ordinary or extraordinary including to add additional scope (the “Tenant Reviewed Recurring Maintenance”). The review right (but excluding repairs required not the modification right) in the immediately preceding sentence includes the right to review provisions of the applicable contract that are reasonably necessary to analyze the applicable scope of work set forth therein. If Tenant requests any modifications to the scope of the Tenant Reviewed Recurring Maintenance, Landlord shall use reasonable efforts to accommodate the same; provided, however, that any and all additional costs incurred by Landlord as a result of a casualty or condemnation, which such modifications shall be addressed included as part of Operating Expenses, subject to the CAM Pools. Notwithstanding anything to the contrary in this Lease, Landlord shall have no responsibility to maintain or repair any vivarium(s) or data center(s) (or any equipment or systems that solely service such areas). Tenant shall have sole responsibility to maintain and repair the vivarium(s) and data center(s) (and any equipment and systems that solely service such areas). Landlord shall maintain the Common Areas in accordance with Sections 24 and 25 hereof), and (b) replacements its property maintenance protocols as established from time to the Tenant Improvements, all so as to keep the Premises time in a first class condition and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereof. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repair, subject to normal wear and tear (provided Tenant shall not be obligated to repaint the Premises during the last two (2) years of the Term, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply accordance with Landlord’s sustainability practicesreasonable determinations of appropriate property maintenance protocols. Upon Tenant’s request, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at explain such protocols and consider Tenant’s sole cost and expense by persons or contractors selected by Tenant and consented to in writing by Landlordcomments. Tenant shall, at Tenant’s expense, but under the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to the Premises or Building caused by the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out of the Premises. Tenant shall be responsible for all janitorial service and trash removal from the Premises. Tenant covenants and agrees, at its sole cost and expense: (a) to comply with all present and future laws, orders and regulations of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s sole cost and expense, utilizing a contractor satisfactory to Landlord; and (e) that Tenant shall pay all costs, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with the provisions of this Section.
18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. In the event that Landlord timely fails to make a repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable Any actual out-of-pocket costs for performing related to the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything repair or maintenance activities specified in this Section 19.1 shall be included as a part of Operating Expenses subject to the contraryCAM Pools, before performing any such repairs or maintenance, except Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need pay for such repairs or maintenance.
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 provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted Use.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
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. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereof, 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 caused by Tenant’s acts, neglect, fault or omissions exceeds the limits maintenance; and (ii) not paid out 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, then proceeds. Landlord shall file a claim for such excess pursuant perform all work and have its contractors perform all work in accordance with Applicable Laws.”
9.2. Exhibit T to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice thereforLease is hereby deleted in its entirety.
Appears in 1 contract
Repairs and Maintenance. 18.1. Other than Condominium Common Areas located at the PropertyA. Subject to provisions of Paragraph 16, if any, that are to be maintained by the Association pursuant to the Declaration (which, if Landlord controls the Association, Landlord Lessor shall cause the Association to maintain in accordance with the Declaration), Landlord shall repair keep and maintain the roof, paving, structural and elements, landscaping, irrigation, the exterior portions and Common Areas walls of the Building building in which the Premises are located and all common areas in good order and repair. Lessee shall not be responsible for building ----------------------------------------------- foundations, exterior wall structure or roof structure. Lessee shall be ------------------------------------------------------------------------ responsible for the Project, including roofing roof membrane and covering materials; foundations; painting of exterior walls; plumbing; common fire sprinkler systems . Lessee shall ----------------------------------------------------------------- reimburse Lessor for its proportionate share of said expense within ten (if any); common heating10) days of Lessee's receipt of Lessor's invoice demanding payment. If, ventilatinghowever, air conditioning systems; common elevators; exterior windowsany repairs or maintenance are required because of an act or omission of Lessee, and common electrical systemsor its agents, employees, or authorized representatives, Lessee shall pay to Lessor upon demand 100% of the costs of such repair or maintenance.
18.2. B. Except for services of Landlordas expressly provided in Sub-paragraph (A) above, if anyLessee shall at its sole cost, required by Section 18.1 hereof, Tenant will take good care of keep and maintain the entire Premises and the fixtures and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvements, all so as to keep the Premises in a first class condition and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury every part thereof. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, the windows, window frames, plate glass, glazing, truck doors, doors, all related linesdoor hardware, conduitsinterior of the Premises, pipesinterior walls and partitions, cabling, connections and the likeelectrical, located outside plumbing, heating and air-conditioning systems in good and sanitary order, condition and repair. Lessee shall, at all times during the Lease term, have in effect a service contract for the maintenance of the Premises that were installed heating, ventilating and air- conditioning (HVAC) equipment with a HVAC repair and maintenance contractor approved by Tenant or installed by Landlord exclusively Lessor which provides for Tenant pursuant to this Leaseperiodic inspection and servicing at least once every three (3) months during the term hereof and shall provide Lessor with a copy of such contract and all periodic service reports. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as Should Lessee fail to maintain the Premises or make repairs required of Lessee hereunder forthwith upon notice from Lessor, Lessor, in a first-class condition and state of repair, subject addition to normal wear and tear (provided Tenant shall not be obligated to repaint the Premises during the last two (2) years of the Term, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building all other remedies available hereunder or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant and consented to in writing by Landlord. Tenant shall, at Tenant’s expense, but under the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to the Premises or Building caused by the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out of the Premises. Tenant shall be responsible for all janitorial service and trash removal from the Premises. Tenant covenants and agrees, at its sole cost and expense: (a) to comply with all present and future laws, orders and regulations of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange without waiving any alternative remedies, may make the same, and in that event, Lessee shall reimburse Lessor as additional rent for the reasonable cost of such collection at Tenant’s sole cost and expense, utilizing a contractor satisfactory to Landlord; and (e) that Tenant shall pay all costs, expenses, fines, penalties maintenance or damages that may be imposed repairs on Landlord or Tenant by reason of Tenant’s failure to comply with the next date upon which rent becomes due. Lessee hereby expressly waives the provisions of this Section.
18.3. Landlord shall not be liable for any failure Sub-section 1 of Section 1932, and Sections 1941 and 1942 of the Civil Code of California and all rights to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice at the expense of the need Lessor, as provided in Section 1942 of such repairs or maintenance. In the event that Landlord timely fails to make a repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenancesaid Civil Code.
18.4. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted Use.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
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. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereof, to the extent that the cost of such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions 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, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice therefor.
Appears in 1 contract
Sources: Lease (Identix Inc)
Repairs and Maintenance. 18.1. Other than Condominium Common Areas located at the Property, if any, that are to be maintained by the Association pursuant to the Declaration (which, if Landlord controls the Association, Landlord shall cause the Association to maintain in accordance with the Declaration), 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; common fire sprinkler systems (if any); common heating, ventilating, air conditioning systems; common elevators; exterior windows, and common electrical systemssystems installed or furnished by Landlord.
18.2. Except for services of Landlord, if any, required by Section 18.1 hereof18.1, Tenant will take good care of the Premises and the fixtures and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvements, all so as to keep the Premises in a first class condition and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereof. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repair, subject to normal wear and tear (provided Tenant shall not be obligated to repaint the Premises during the last two (2) years of the Term, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant maintain and consented to keep the Premises and every part thereof in writing by Landlordgood condition and repair, damage thereto from ordinary wear and tear excepted. Tenant shall, at Tenant’s expenseupon the expiration or sooner termination of the Term, but under the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to surrender the Premises or Building caused by the misuse or neglect thereof by Tenantto Landlord in as good a condition as when received, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out of the Premises. Tenant shall be responsible for all janitorial service ordinary wear and trash removal from the Premises. Tenant covenants tear excepted; and agreesshall, at its sole cost and expense: (a) to comply with all present and future laws, orders and regulations of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort request and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s sole cost and expense, utilizing a contractor satisfactory remove all telephone and data systems, wiring and equipment from the Premises, and repair any damage to Landlord; and (e) that Tenant the Premises caused thereby. Landlord shall pay all costshave no obligation to alter, expensesremodel, finesimprove, penalties repair, decorate or damages that may be imposed on Landlord paint the Premises or Tenant by reason of Tenant’s failure to comply with the provisions of this Section.any part thereof, other than as described in Exhibit B.
18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. In the event that Landlord timely fails Tenant waives its rights under Applicable Laws now or hereafter in effect to make a repair or perform maintenance inside the Premises that is repairs at Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenanceexpense.
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 provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted UseLease.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
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.
18.718.6. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereof, to the extent that the cost of such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions 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, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice therefor.
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Sources: Lease (CymaBay Therapeutics, Inc.)
Repairs and Maintenance. 18.1. Other than Condominium Common Areas located at the Property, if any, that are to be maintained by the Association pursuant to the Declaration (which, if Landlord controls the Association, Landlord shall cause the Association to maintain in accordance with the Declaration), 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; common fire sprinkler systems (if any); common heating, ventilating, air conditioning systems; common elevators; exterior windows, and common electrical systems.
18.2. Except for services of Landlord, if any, required by Section 18.1 hereof, Tenant will take good care of the Premises and the fixtures and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required Except as a result of a casualty or condemnation, which shall be addressed otherwise provided elsewhere in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvements, all so as to keep the Premises in a first class condition and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereof. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited toTenant shall, the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repair, subject to normal wear and tear (provided Tenant shall not be obligated to repaint the Premises during the last two (2) years of the Term, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense expense, repair and maintain (i) the nonstructural portions of the Premises (including, but not limited to, all fixtures, electrical lighting, ceilings and flooring coverings, windows, doors, plate glass, skylights, and interior walls within the Premises); : and
(ii) all Premises Systems (as defined below). In addition, Tenant shall be responsible for all repairs made necessary by persons negligence or contractors selected by wrongful acts of Tenant and consented or Tenant’s invitees. Tenant acknowledges that Landlord shall have no obligation to maintain, repair or replace any telecommunications or computer cabling or wiring which is located in writing by Landlordthe Premises or which exclusively serves the Premises (collectively, “Cabling”). Tenant shall, at Tenant’s expense, but under contract with any reputable contractor to maintain the direction Cabling; provided, however, that Landlord may, at Landlord’s option and upon thirty (30) days’ written notice to Tenant, undertake the responsibility for the maintenance of Landlordsome or all of the Cabling, by contractors selected by in which event the cost of such maintenance may be included as an “Operating Expense.” 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 and consented make any repairs to the Building or to the mechanical, electrical or heating, ventilating or air conditioning systems of the Premises or the Building, unless such repairs are previously approved in writing by Landlord, promptly repair any injury or damage to the Premises or Building caused by the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out of the Premises. Tenant shall be responsible for all janitorial service and trash removal from the Premises. Tenant covenants and agrees, at its sole cost and expense: (a) to comply with all present and future laws, orders and regulations of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s sole cost and expense, utilizing a contractor satisfactory to Landlord; and (e) that Tenant shall pay all costs, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with waives the provisions of this Section.
18.3. Landlord shall not be liable for Sections 1931(1), 1941 and 1942 of the California Civil Code, and any failure similar or successor law regarding Tenant’s right to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need and deduct expenses of such repairs or maintenancefrom the Rent due under this Lease. In the event that Landlord timely fails to make a repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to For purposes of this Lease, Tenant may notify Landlord of such failure andthe term “Base Building Systems” means all systems and equipment (including plumbing, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (orHVAC, if such repair or maintenance cannot reasonably be completed with such periodelectrical, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion))fire/life safety, Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenance.
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 provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted Use.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Associationelevator, and not Landlord, is responsible for security systems) that serve the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit entire Building or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
18.6. This Article relates to repairs and maintenance arising in the ordinary course of operation portions of the Building and other than simply the ProjectPremises, excluding all Premises Systems. In the event For purposes 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. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereof, to the extent that the cost of such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions 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, then Landlord shall file a claim for the term “Premises Systems” means all systems and equipment that serve only the Premises, regardless of whether such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for systems or equipment are located within or outside the deductible therefor within thirty (30) days after receipt of an invoice thereforPremises.
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Repairs and Maintenance. 18.17.1. Other than Condominium Common Areas located at the Property, if any, that are to be maintained by the Association pursuant Subject to the Declaration (which, if Landlord controls the Association, Landlord shall cause the Association provisions hereinafter contained with regard to maintain in accordance with the Declaration), 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; common fire sprinkler systems (if any); common heating, ventilating, air conditioning systems; common elevators; exterior windows, and common electrical systems.
18.2. Except for services of Landlord, if any, required damage by Section 18.1 hereoffire, Tenant will take good care of accepts the Premises as being in good and the fixtures sanitary order and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvements, all so as to keep the Premises in a first class condition and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereof. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as agrees to maintain the Premises in a first-class condition good order and state of will suffer no waste thereto. Tenant shall repair, subject to normal wear maintain and tear (provided Tenant shall not be obligated to repaint preserve the Premises during the last two (2) years term of the Term, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant and consented to in writing by Landlord. Tenant shall, at Tenant’s expense, but under the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to the Premises or Building caused by the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out of the Premises. Tenant shall be responsible for all janitorial service and trash removal from the Premises. Tenant covenants and agrees, this Lease at its sole cost and expense: (a) to comply with all present , reasonable use and future laws, orders and regulations of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s sole cost and expense, utilizing a contractor satisfactory to Landlord; and (e) that Tenant shall pay all costs, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with the provisions of this Sectionwear excepted.
18.37.2. Landlord shall not be liable make structural repairs to the Building necessary for safety and tenantability, and shall bear the cost thereof unless required by any failure act or neglect of Tenant, its agents, employees or invitee. Landlord shall make such other repairs to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. In the event that Landlord timely fails to make a repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long and Building as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenance.
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 provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted Use.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Associationin Landlord's judgment, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
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. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereof, to the extent that the cost of such repairs and maintenance caused by Tenant’s acts, neglect, fault shall be included in the Operating Expenses. Tenant agrees to report immediately in writing to Landlord any defective condition in or omissions exceeds about the limits of any insurance maintained or Premises known to Tenant which Landlord is required to be maintained by repair, and a failure to report shall make Tenant pursuant liable for any expense, damage or liability resulting from such defects.
7.3. Landlord reserves the right at any time and from time to this Lease but are covered by insurance maintained time, as often as Landlord deems desirable, without the same constituting an actual or required constructive eviction and without incurring any liability to be maintained by Landlord Tenant or otherwise affecting Tenant's obligations under this Lease, then to make such changes, alterations, additions, improvements, repairs, relocations or replacements in or to the Building (including the Premises if required by any applicable law or regulation) and the fixtures and equipment thereof, as well as in or to the street entrances, halls, passages, stairways and other common facilities thereof, and to change the name by which the Building is commonly known and/or the Building's address. Landlord reserves the right from time to time to install, use, maintain, repair and replace pipes, ducts, conduits, wires and appurtenant meters and equipment for service to other parts of the Building, above the ceiling surfaces, below the floor surfaces, within the walls and in the central core areas, and to relocate any pipes, ducts, conduits, wires and appurtenant meters and equipment included in the Premises which are located in the Premises or located elsewhere outside the Premises, and to expand the Building. Nothing contained herein shall file a claim for such excess pursuant be deemed to Landlord’s insurance relieve Tenant of any duty, obligation or liability with respect to making any repair, replacement or improvement or complying with any law, order or requirement of any government or other authority and Tenant nothing contained herein shall reimburse be deemed not construed to impose upon Landlord any obligation, responsibility or liability whatsoever, for the deductible therefor within thirty (30) days after receipt care, supervision or repair of an invoice thereforthe Building or any part thereof, other than as expressly provided in this Lease.
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Repairs and Maintenance. 18.1. Other than Condominium Common Areas located at the Property, if any, that are to be maintained by the Association pursuant to the Declaration (which, if Landlord controls the Association, Landlord shall cause the Association to maintain in accordance with the Declaration), Landlord shall repair and maintain the structural and exterior portions and Common Areas Area of the Building and the Project, including roofing and covering materials; foundationsfoundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; common fire sprinkler systems (if any); common heatingbase Building HVAC systems up to the first damper or isolation valve that serves the Premises (for purposes of clarity, ventilatingthe portion of the HVAC system that includes such first damper or isolation valve and extends into and through the Premises, air conditioning systemsand 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); common elevators; exterior windows, and common base Building electrical systemssystems installed or furnished by Landlord.
18.2. Except for services of Landlord, if any, required by Section 18.1 hereof18.1, Tenant will take good care of the Premises and the fixtures and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvements, all so as to keep the Premises in a first class condition and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereof. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repair, subject to normal wear and tear (provided Tenant shall not be obligated to repaint the Premises during the last two (2) years of the Term, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons maintain and keep the Premises (including but not limited to the portion of the HVAC system that includes the first damper or contractors selected by Tenant isolation valve and consented extends into and through the Premises, any supplemental HVAC serving the Premises, and any other systems or equipment exclusively serving the Premises) and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted, and shall, within ten (10) days after receipt of written notice from Landlord, provide to in writing by LandlordLandlord any maintenance records that Landlord reasonably requests. Tenant shall, at upon the expiration or sooner termination of the Term, vacate and surrender the Premises to Landlord in broom-clean and vacant condition, with Tenant’s expenseProperty removed consistent with the terms of Section 17.7, but under the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to the Premises or Building caused by the misuse or neglect thereof by Tenant, by removal of Tenant’s contractorsProperty repaired, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out of the Premises. Tenant shall be responsible for all janitorial service and trash removal from the Premises. Tenant covenants and agreesshall, at its sole cost and expense: (a) to comply with all present and future laws, orders and regulations of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort request and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at al Tenant’s sole cost and expense, utilizing a contractor satisfactory to Landlord; and (e) that Tenant shall pay cure all costs, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason violations of Tenant’s failure obligations under the 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 comply with 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 this Sectionthe Work Letter.
18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. In Notwithstanding the foregoing, in no event that shall Landlord timely fails be liable for any consequential damages, 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 a repair or perform maintenance inside the Premises that is repairs at Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenanceexpense.
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 provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted UseLease.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
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.
18.718.6. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereofforegoing, to the extent that the cost of such repairs and maintenance caused by 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, then Landlord shall file a claim for such excess pursuant to 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 maintained the insurance it is required to obtain and maintain pursuant to this Lease, Landlord shall pay such excess, other than what the deductible would have been had Landlord obtained and maintained the requisite insurance, which Tenant shall pay to Landlord within thirty (30) days after receipt of an invoice therefor).
Appears in 1 contract
Sources: Lease (Lyell Immunopharma, Inc.)
Repairs and Maintenance. 18.1. Other than Condominium Common Areas located (a) Tenant, throughout the term of this lease, shall, at the Propertyits expense, if any, that are to be maintained by the Association pursuant to the Declaration (which, if Landlord controls the Association, Landlord shall cause the Association to maintain in accordance with the Declaration), 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; common fire sprinkler systems (if any); common heating, ventilating, air conditioning systems; common elevators; exterior windows, and common electrical systems.
18.2. Except for services of Landlord, if any, required by Section 18.1 hereof, Tenant will take good care of and maintain in good order and condition, and shall be responsible for all repairs and replacements (ordinary and extraordinary, foreseen and unforeseen) to (i) the Premises (but not the Base Building Premises Components, except as provided below), and (ii) all Tenant's Improvements whether within or outside of the fixtures and improvements therein Premises. Without limiting the generality of the foregoing, Tenant, at its expense, shall promptly replace all damaged or broken doors (including, without limitation, all walls, entrance doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical interior glass in and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than about the Premises). Notwithstanding the foregoing, will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvements, all so as to keep the Premises in a first class condition and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereof. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repair, subject to normal wear and tear (provided Tenant shall not be obligated responsible for any repairs or replacements under this Section 13.01(a) to repaint the Premises during the last two (2) years of the Term, as it may be extended). All building standard bulbs, tubes and lighting fixtures extent that Landlord is responsible for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant and consented to in writing by Landlord. Tenant shall, at Tenant’s expense, but under the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to the Premises or Building caused by the misuse or neglect thereof by Section 13.02(b) hereof.
(b) Tenant, by Tenant’s contractorsin addition, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out of the Premises. Tenant shall be responsible for all janitorial service repairs and trash removal from replacements, interior and exterior, structural and non-structural, ordinary and extraordinary, foreseen and unforeseen, in and to (x) the Real Property outside of the Premises (exclusive of any Tenant Improvements outside of the Premises. Tenant covenants ) and agrees, at its sole cost and expense: (ay) to comply with all present and future laws, orders and regulations the Base Building Premises Components (whether within or outside of the FederalPremises), Statein each case, countyto the extent the need for which arises out of (i) the performance of Alterations, municipal or other governing authorities regarding the collectioninstallation, sortinguse, separationoperation or existence of any Tenant's Improvements or Tenant's Property (provided, and recycling of garbagehowever, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may that Tenant shall not be more stringent than applicable law; responsible therefor under this
(c) The maintenance, repairs and replacements for which Tenant is responsible pursuant to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s sole cost and expense, utilizing a contractor satisfactory to Landlord; and (e) that Tenant shall pay all costs, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with the provisions of this Section.Section 13.01 (herein called "TENANT REPAIRS") shall be performed in accordance with the following provisions:
18.3(1) Tenant shall perform all Tenant Repairs for which Tenant is responsible pursuant to Section 13.01(a) above promptly, at its expense, and in a manner which will not interfere (in other than a de minimis manner) with the use of the Building by others. If, and to the extent that, such Tenant Repairs are to Tenant's Improvements located outside the Premises or otherwise require work to be performed outside of the Premises, then (i) such work shall be performed only at such time or times as are reasonably designated by Landlord, and, at Landlord's option, under the supervision of Landlord or its designated representative, (ii) Landlord shall not be liable for have the right to coordinate such work with any failure to make work then being undertaken by Landlord or by any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice other tenants of the need of such repairs or maintenance. In the event that Landlord timely fails to make a repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to this LeaseBuilding, Tenant may notify Landlord of such failure andand (iii) Tenant, if Landlord does not make the repair or perform the maintenance within thirty (30) days after a written demand therefor, shall reimburse Landlord all supervision and coordination costs incurred by Landlord pursuant to clauses (i) or (ii) above (whether incurred to Landlord’s receipt 's employees or outside parties); provided, however, that, in cases of emergency, Tenant, subject to the rights of other tenants, may perform such work at any time or times (to the extent necessitated by such emergency), so long as Tenant, immediately prior to commencing any such work, shall give Landlord notice of the emergency and the work to be performed (which notice may be oral and shall be given to the applicable Building Office or, if such repair Building Office is closed, the Building's security desk).
(2) Landlord, at its option, may elect to perform Tenant Repairs for which Tenant is responsible pursuant to Section 13.01(b) above (each, a "TENANT BUILDING REPAIR") at Tenant's expense. If Tenant notifies Landlord of the need for any Tenant Building Repair, then Landlord shall promptly notify Tenant as to whether Landlord elects to perform such Tenant Building Repair, at Tenant's expense, or maintenance canto have Tenant perform such repair. In all cases, except in cases of emergency (in which cases Landlord need not reasonably be completed with such periodso notify Tenant), within the period of time reasonably required (so long as Landlord, prior to commencing any Tenant Building Repair, shall notify Tenant that Landlord begins the repair or maintenance within such period and diligently prosecutes has elected to perform the same at Tenant's expense.
(A) To the extent that Landlord elects to completion))perform any Tenant Building Repair at Tenant's expense, Tenant may (i) Landlord shall perform the repair or maintenance same promptly, and Landlord the provisions of Section 35.15 shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same apply in respect thereof, and (ii) Tenant, within thirty (30) days after receipt a written demand therefor, shall reimburse Landlord all of an invoice from Landlord's out-of-pocket costs reasonably incurred in connection with such Tenant thereforBuilding Repair. Notwithstanding anything Tenant, at its own expense, shall have the right to monitor the progress of Tenant Building Repair undertaken by Landlord.
(B) To the extent that Landlord elects to have Tenant perform any Tenant Building Repair, (i) Tenant shall perform the same promptly, at its expense, and in this Section a manner which will not interfere (in other than a de minimis
(a) Except to the contrary, before performing any such repairs or maintenance, extent that Tenant shall notify Landlord be responsible for the same pursuant to the provisions of Tenant’s intent to do so Section 13.01(a) or (b) above, Landlord, at its expense, shall make repairs and shall reasonably coordinate with Landlord replacements to, and any otherwise keep and maintain (in a condition befitting a first-class downtown Manhattan office building), the Base Building, other tenants than those portions of the Project that may be affected the need for such repairs or maintenance.
18.4. If any excavation shall be made upon land adjacent to or under the BuildingBase Building which are not Base Building Premises Components and which do not affect, or shall be authorized affect only to be madea de minimis extent, 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 (i) Tenant’s obligations under this Lease provided that such entry does not materially adversely affect Tenant’s beneficial 's use and occupancy of the Premises for Premises, (ii) access to the Permitted UsePremises, (iii) the provision of Building Services to the Premises, and (iv) Tenant's right or ability to perform Alterations which would otherwise be permitted hereunder.
18.5. Landlord (b) Landlord, in addition, shall be responsible for all repairs and Tenant acknowledge replacements, interior and agree that pursuant exterior, structural and non-structural, ordinary and extraordinary, foreseen and unforeseen, in and to the DeclarationPremises, Tenant's Improvements and Tenant's Property, in each case, to the extent, the Association, and not need for which arises out of (i) the performance of any work in the Premises by Landlord, is or person authorized by Landlord to enter the Premises, or any of their respective employees, agents or contractors (provided, however, that Landlord shall not be responsible therefor under this clause (i) to the extent that the repair or replacement in question would not have been needed but for a violation by Tenant of its obligations under this lease), (ii) the maintenanceconduct of alterations, repair additions, improvements or changes in the Building by Landlord or any of its employees, agents or contractors, (iii) any violation by Landlord of this lease, or (iv) the negligence or intentional misconduct of Landlord or any of its employees, agents, contractors or invitees (any such repairs and replacement replacements being herein called "LANDLORD'S ADDITIONAL REPAIRS"). Tenant, at its option, may elect to perform any of Landlord's Additional Repairs at Landlord's expense. If Landlord notifies Tenant of the Condominium need for any Landlord's Additional Repairs, then Tenant shall promptly notify Landlord as to whether Tenant elects to perform such Landlord's Additional Repairs, at Landlord's expense, or to have Landlord perform such repair. In all cases, except in cases of emergency (other than in which cases Tenant need not so notify Tenant), Tenant, prior to commencing any Landlord's Additional Repairs, shall notify Landlord that Tenant has elected to perform the Unitssame at Landlord's expense. To the extent that Tenant elects to perform any Tenant Building Repair at Landlord's expense, (x) and Tenant shall perform the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses same in accordance with the Declaration and Tenant provisions of Section 13.01(c)(1), applied mutatis mutandis (except that the same shall be responsible to pay its Pro Rata Share performed at Landlord's expense and the provisions of Section 13.01(c)(iii) shall not so apply), and (y) Landlord, within thirty (30) days after a written demand therefor, shall reimburse Tenant all of Tenant's out-of-pocket costs reasonably incurred in connection with such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereofLandlord's Additional Repair.
13.03. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents Tenant in the performance of such servicesBuilding (including without limitation Tenant Repairs performed by Tenant and Landlord's Additional Repairs performed by Tenant, but specifically excluding any maintenance, repairs and replacements performed by Tenant to Tenant's Property (as opposed to Tenant's Improvements)) shall be included in Common Expenses performed using only contractors which have been approved or -82- 87 designated by Landlord in accordance with the Declaration and Tenant shall be responsible provisions of Sections 11.04 hereof, applied mutatis mutandis with respect to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
18.6. This Article relates to maintenance, repairs and maintenance arising replacements. The provisions of Sections 11.05 and 11.07 hereof, as well as any other provisions of Article 11 relating to the standards and/or prosecution of work in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24Building, Article 24 shall apply in lieu of this Article. In the event of eminent domainlikewise apply, Article 25 shall apply in lieu of this Article.
18.7. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereofmutatis mutandis, to the extent that the cost of such maintenance, repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions exceeds the limits of any insurance maintained or required to be maintained replacements performed by Tenant pursuant to this Lease but Article 13.
13.04. Tenant shall have the right, as well as the obligation, to perform the maintenance, repairs and replacements for which it is responsible under Section 13.01(a) above, subject, in all cases, to the other provisions of this Article 13. In respect thereof, it is agreed that Tenant's right to repair and replace any Tenant Improvements shall include only (i) the right to repair such Tenant Improvements, as needed, without modification or change thereto, and (ii) the right to replace such Tenant Improvements or any portion thereof, as needed, without modification or change thereto; it being understood that any modifications or changes to any Tenant Improvements shall be deemed Alterations and may be performed only subject to and in accordance with Article 11 hereof. In addition, the right of Tenant to replace, as opposed to repair, any Tenant Improvements located outside the Premises shall, notwithstanding anything to the contrary contained herein, be deemed to allow Tenant to replace such Tenant Improvements or a portion thereof (as opposed to repairing the same) only to the extent that (x) such Tenant Improvements are covered of such a nature that the same can only be replaced and not repaired, or (y) the repair of the same is not feasible in light of the damage or defect in question.
13.05. Except as expressly set forth in this lease, Landlord shall have no liability to Tenant, nor, except as expressly set forth in Section 33.01, shall Tenant's covenants and obligations under this lease be reduced or abated in any manner whatsoever, by insurance maintained reason of any inconvenience, annoyance, interruption or injury arising from Landlord's making any repairs or changes which Landlord is required or permitted by this lease, or required by law, to make in or to the Building, including without limitation the Premises. The provisions of this Section 13.05 shall not absolve Landlord of its obligations to comply with the provisions of Section 35.15 hereof.
13.06. This Article 13 shall not be maintained applicable, to any extent, to any fire or other casualty referred to in Article 19, or to any repairs or replacements of any damage or destruction resulting therefrom; the same shall be governed by Landlord under the other applicable provisions of this Leaselease, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance including Articles 9 and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice therefor19.
Appears in 1 contract
Sources: Lease (Goldman Sachs Group Inc)
Repairs and Maintenance. 18.1. Other than Condominium Common Areas located at the Property, if any, that are to be maintained by the Association pursuant to the Declaration (which, if Landlord controls the Association, Landlord shall cause the Association to maintain in accordance with the Declaration), 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; common fire sprinkler systems (if any); common heating, ventilating, air conditioning systems; common elevators; exterior windows, and common electrical systems.
18.2. Except for services of Landlord, if any, required by Section 18.1 hereof, Tenant will take good care of the Premises and the fixtures and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused Subject to Section 2(b) above, by Tenant’s acts or omissions)taking possession of the Premises, whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which Tenant shall be addressed deemed to have accepted the Premises as being in accordance with Sections 24 good and 25 hereof)sanitary order, condition and (b) replacements to repair, including the initial Tenant Improvements, all so as to keep the Premises in a first class condition good, clean and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereof. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repair, subject to normal and in any event in at least as good condition as on the Commencement Date, reasonable wear and tear excepted. Without limiting the generality of the foregoing (provided but subject to Section 2(b) above), Tenant shall not be obligated to repaint solely responsible for maintaining and repairing all fixtures, non-Building standard electrical lighting, ceilings and floor coverings, windows, doors, plate glass, skylights, and interior walls within the Premises during using the last two (2) years same quality of materials as used in the Termoriginal construction. In addition, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises Tenant shall be provided and installed responsible for all repairs made necessary by Tenant or any Tenant Party. Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including acknowledges that Tenant shall have no obligation to repair or maintain any third-party rating system concerning the environmental compliance areas of the Building or outside of the Premises, as the same may change from time to time. All unless such repair work or maintenance is required due to acts of Tenant or any Tenant Party. Excepting maintenance, repairs or replacements required due to the negligence or willful misconduct of Landlord, its agents, employees, contractors and maintenance and any alterations permitted by subcontractors, Tenant acknowledges that Landlord shall be done at Tenant’s sole cost and expense by persons have no obligation to maintain, repair or contractors selected by Tenant and consented to replace any telecommunications or computer cabling or wiring which is located in writing by Landlordthe Premises or which exclusively serves the Premises (collectively, “Cabling”). Tenant shall, at Tenant’s expense, but under contract with a reputable contractor to maintain the direction 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 Landlordthe Premises or the Building, by contractors selected by Tenant and consented to unless such repairs are previously approved in writing by Landlord, promptly repair which shall not be unreasonably withheld, conditioned or delayed. Tenant waives the provisions of 1931(1), 1941 and 1942 of the California Civil Code, and any injury similar or damage successor law regarding Tenant’s right to make repairs and deduct expenses of such repairs from the Rent due under this Lease.
(b) Landlord shall operate the Building to a standard of quality consistent with that of other comparable office buildings in the City and County of San Francisco as of the Commencement Date and shall replace Building standard lamps, starters and ballasts (all nonstandard lighting within the Premises or Building caused by shall be the misuse or neglect thereof by responsibility of Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited ).
(whether by express or implied invitationc) on the Premises by Tenant, or by Tenant moving in or out Landlord shall be responsible for maintaining and repairing all structural portions of the PremisesBuilding and shall maintain the roof, sidewalls, and foundations of the Building in good, clean and safe condition and repair. Landlord shall also maintain all Building Common Areas. Landlord shall be responsible for maintenance and repair of all Building Systems, provided, however, that Tenant shall be responsible for maintaining all janitorial service fixtures and trash removal from equipment, including sink(s), which may be located within the Premises. Tenant covenants and agrees, at its sole cost and expense: (a) to comply with all present and future laws, orders and regulations of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy Except as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are otherwise provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s sole cost and expense, utilizing a contractor satisfactory to Landlord; and (e) that Tenant shall pay all costs, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with the provisions of this Section.
18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. In the event that Landlord timely fails to make a repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to in this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section have no liability to the contraryTenant, before performing any such repairs or maintenance, Tenant nor shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenance.
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 provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy be reduced or abated in any manner whatsoever by reason of the Premises for the Permitted Use.
18.5. any inconvenience, annoyance, interruption or injury to business arising from Landlord and Tenant acknowledge and agree that pursuant making any repairs or changes which Landlord is required or permitted by this Lease or by any other tenants’ lease or required by law to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible make to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
18.6. This Article relates to repairs and maintenance arising in the ordinary course of operation any portion of the Building and or the ProjectPremises. In the event of a casualty described in Article 24, Article 24 Landlord shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.7. Unless otherwise expressly excluded from Operating Expenses pursuant use reasonable efforts to the terms hereof, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereof, to the extent that the cost of such repairs and maintenance caused by minimize any interference with Tenant’s actsbusiness at the Premises. If Tenant fails to maintain the Premises as required in Section 11(a), neglect, fault or omissions exceeds the limits of any insurance maintained or Landlord may give Tenant 30 days’ written notice to do such acts as are reasonably required to be maintained by so maintain the Premises. If Tenant pursuant fails to this Lease but are covered by insurance maintained or required promptly commence such work within such time period and thereafter diligently prosecute it to be maintained by Landlord under this Leasecompletion, then Landlord shall file a claim have the right to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Any amount so expended by Landlord shall be paid by Tenant promptly after demand with interest at the Prime Rate plus 2% per annum, from the date of such work, but not to exceed the maximum amount then allowed by law. Landlord shall have no liability to Tenant for any damage, inconvenience, or interference with the use of the Premises by Tenant as the result of performing any such excess pursuant to Landlord’s insurance and Tenant work. For the purpose of this Lease, the “Prime Rate” shall reimburse Landlord for mean the deductible therefor within thirty rate, or base rate, reported in the Money Rates column or section of The Wall Street Journal as being the base rate on corporate loans at large U.S. money center commercial banks (30whether or not such rate has actually been charged by any such bank) days after receipt of an invoice thereforon the first date on which The Wall Street Journal is published in the month preceding the month in which the subject costs are incurred.
Appears in 1 contract
Repairs and Maintenance. 18.1. Other than Condominium Common Areas located at the Property, if any, that are to be maintained by the Association pursuant to the Declaration (which, if Landlord controls the Association, Landlord shall cause the Association 9.1 The Lessor undertakes to maintain in accordance with the Declaration), Landlord shall repair exterior and maintain the structural and exterior portions and Common Areas public parts of the Building Demised Premises [and the Project, including roofing and covering materials; foundations; exterior walls; plumbing; common fire sprinkler systems (if any); common heating, ventilating, air conditioning systems; common elevators; exterior windows, and common electrical systems.
18.2. Except for services of Landlord, if any, required by Section 18.1 hereof, Tenant will take good care of the Premises building], including, without limitation, its foundations, pillars, beams, floors, roofs, terraces, walls and the fixtures and improvements therein other structural parts, its entrances, its common areas (including, without limitation, all wallshalls, doorscorridors, ceilings elevators and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premisesstairways), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions)its main sewers, whether foreseen or unforeseendrains, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnationgutters, which shall be addressed in accordance with Sections 24 window and 25 hereof)door casings, and (b) replacements to the Tenant Improvementslike, all so as to keep the Premises in a first class condition its heating and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereof. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, air conditioning equipment, and other installationstoilets, and all building systems (including, without limitation, plumbing and 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 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 related lineselevators in accordance with Article 9.1 hereof, conduitsthe Lessor, pipesupon request from UNHCR, cabling, connections shall provide UNHCR with the certificate(s) of maintenance and certificate(s) of inspection for any or all of the elevators serving the areas and floors occupied by UNHCR.
9.3 UNHCR shall take reasonable care of the Demised Premises and the likefixtures and appurtenances therein. UNHCR shall be responsible for minor repairs to, located outside and routine maintenance of, the Demised Premises arising from its occupation and use of the Demised Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to during the term of this Lease. Tenant, [NOTE: it may be useful to insert a financial cap for UNHCR’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as obligation under this Article to maintain the Premises in a first-class condition Demised Premises.] Such minor repairs include the routine repair of locks, windows, doors, floors, fittings, lightings, appurtenances and state of repair, subject to normal wear and tear (provided Tenant sanitary ▇▇▇▇. UNHCR shall not be obligated to repaint responsible for (i) reasonable wear and tear; (ii) obsolescence; (iii) damage by the Premises during the last two elements or circumstances over which UNHCR has no control; (2iv) years damage caused by, or resulting from, any acts or omissions of the TermLessor, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant and consented to in writing by Landlord. Tenant shall, at Tenant’s expense, but under the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to the Premises or Building caused by the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, its employees, licenseesofficers, agents, or invitees permitted subcontractors; or invited (whether by express or implied invitationv) on the Premises by Tenant, or by Tenant moving in or out of the Premises. Tenant shall be responsible for all janitorial service and trash removal from the Premises. Tenant covenants and agrees, at its sole cost and expense: (a) to comply with all present and future laws, orders and regulations of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s sole cost and expense, utilizing a contractor satisfactory to Landlord; and (e) that Tenant shall pay all costs, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with the provisions of this Section.
18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. In the event that Landlord timely fails to make a repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenance.
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 provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted Use.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents defects set out in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
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 Vacancy Inspection Letter 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 Article3 above.
18.7. Unless otherwise expressly excluded from Operating Expenses pursuant 9.4 The Lessor undertakes and agrees to maintain the terms hereofsidewalks of [the Demised Premises] OR [of the building] in good repair and free of [ice, costs incurred by Landlord pursuant snow and] any obstruction and to accept all liability in connection therewith.
9.5 [DELETE this Article shall constitute Operating Expenses. Notwithstanding clause unless the foregoing and subject to the provisions of Section 23.7 hereof, to the extent that the cost of such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions exceeds the limits of any insurance maintained or required building is to be maintained by Tenant pursuant shared with other occupants:] The Lessor undertakes that no part of the building in which the Demised Premises are located shall be let or used for any illegal purpose or for gambling and, in considering potential tenants or any activities to this Lease but are covered by insurance maintained or required to be maintained by Landlord under this Leasetake place in such building, then Landlord the Lessor shall file take into account that UNHCR is a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for tenant in the deductible therefor within thirty (30) days after receipt of an invoice thereforDemised Premises.
Appears in 1 contract
Sources: Lease Agreement
Repairs and Maintenance. 18.1. Other than Condominium Common Areas located at the Property, if any, that are With respect to be maintained by the Association pursuant to the Declaration (which, if Landlord controls the Association, Landlord shall cause the Association to maintain in accordance with the Declaration), Landlord shall repair and maintain the structural maintenance obligations:
A) ▇▇▇▇▇▇’s Obligation to Repair and exterior portions and Common Areas of the Building and the Project, including roofing and covering materials; foundations; exterior walls; plumbing; common fire sprinkler systems (if any); common heating, ventilating, air conditioning systems; common elevators; exterior windows, and common electrical systems.
18.2. Except for services of Landlord, if any, required by Section 18.1 hereof, Tenant will take good care of the Premises and the fixtures and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvements, all so as to keep the Premises in a first class condition and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereof. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repair, subject to normal wear and tear (provided Tenant shall not be obligated to repaint the Premises during the last two (2) years of the Term, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant and consented to in writing by Landlord. Tenant shall, at Tenant’s expense, but under the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to the Premises or Building caused by the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out of the PremisesMaintain. Tenant shall be responsible for all janitorial service repairing and trash removal from maintaining the Premises. Tenant covenants Demised Premises in good condition and agrees, at its sole cost and expense: (a) to comply with all present and future laws, orders and regulations of the Federal, State, county, municipal making such modification or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy replacements thereof as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are provided necessary or required by law or Landlord’s sustainability practices; ordinance, specifically including but not limited to the followings: - Foundation and structural components of the building - Roof, Gutters and downspouts - Exterior walls (dbut excluding windows, doors, window and door frames, glass) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate - Parking Lot, Driveway and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s sole cost and expense, utilizing a contractor satisfactory to Landlord; and (e) that Sidewalks Tenant shall pay keep and maintain the Demised Premises in good repair and order at all costs, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with the provisions of this Section.
18.3times. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. In the event that Landlord timely fails to make a repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenance.
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 provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted Use.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of, but not limited to, the following: - Heating, ventilation and air-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 the Condominium (other than Demised Premises without prior written consent of Landlord. - Remodel, make additions, alterations or structural changes to the Units) and the Condominium Common Areas. The cost interior of the foregoing items shall Demised Premises without prior written consent of Landlord, which consent will not be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit unreasonably withheld. - Remove, penetrate or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
18.6. This Article relates to repairs and maintenance arising in the ordinary course of operation otherwise alter any of the Building and structural interior or Exterior walls without prior written consent of Landlord. - Enter upon the Project. In roof or install or place any equipment, lines, wires, displays, advertising or anything else whatsoever thereon without the event prior written consent of a casualty described in Article 24Landlord, Article 24 shall apply in lieu of this Article. In the event of eminent domainwhich consent may be denied, Article 25 shall apply in lieu of this Article.
18.7. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereof, to the extent that the cost of such repairs and maintenance caused by Tenant’s acts, neglect, fault conditioned or omissions 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, then Landlord shall file a claim for such excess pursuant to withheld at Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice thereforsole discretion.
Appears in 1 contract
Sources: Lease Agreement (UC Asset LP)
Repairs and Maintenance. 18.1. Other than Condominium Common Areas located at the Property, if any, that are to be maintained by the Association pursuant to the Declaration (which, if Landlord controls the Association, Landlord shall cause the Association to maintain in accordance with the Declaration), 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; common fire sprinkler systems (if any); common heating, ventilating, air conditioning systems; common elevators; exterior windows, and common electrical systems.
18.2. Except for services of Landlord, if any, required by Section 18.1 hereof, Tenant will take good care of the Premises and the fixtures and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvements, all so as to keep the Premises in a first class condition and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereof. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repair, subject to normal wear and tear (provided Tenant shall not be obligated to repaint the Premises during the last two (2) years of the Term, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant and consented to in writing by Landlord. Tenant shallThe TENANT will, at Tenant’s expense, but under the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to the Premises or Building caused by the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out of the Premises. Tenant shall be responsible for all janitorial service and trash removal from the Premises. Tenant covenants and agrees, at its sole cost and expense: (a) to comply with all present and future laws, orders and regulations of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s TENANT's sole cost and expense, utilizing a contractor satisfactory to Landlord; keep the Demised Premises in good repair and (e) that Tenant shall pay all costs, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with tenantable condition during the provisions term of this Section.
18.3Lease. Landlord shall not be liable for any failure to make any repairs or to perform any The repair and 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 whole of such repairs or maintenancethe 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. In 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 event that Landlord timely fails to make a LANDLORD, for servicing and repair or perform maintenance inside of all heating and air conditioning systems and equipment serving the Premises that is Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within Premises. Not later than thirty (30) days after Landlord’s receipt following the commencement of such notice (orthis 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. Provided, if such repair or maintenance cannot reasonably be completed with such periodthe Tenant enters into the above referenced contract, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing replace any existing compressors that will not function. The service contract must include all services suggested by the same within thirty (30) days after receipt equipment manufacturer. The maintenance contractor shall keep a detailed record of an invoice from Tenant therefor. Notwithstanding anything in this Section all services performed on the Premises and prepare a yearly service report to be furnished to the contraryTENANT and the LANDLORD at the end of each calendar year. The LANDLORD may, before performing any such repairs or maintenancebut shall not be required to, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenance.
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 notice to the person causing or authorized to cause such excavationTENANT, license elect to enter the Premises for the purpose of performing into 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 that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted Use.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed /service contract on behalf of Landlord the TENANT or perform the work itself, and all costs incurred by 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 Association or its agents in roof, roof drains, exterior walls, parking lots, landscaping, exterior lighting and the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
18.6. This Article relates to repairs and maintenance arising in the ordinary course of operation structural integrity of the Building interior and exterior of 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 ArticlePremises.
18.7. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereof, to the extent that the cost of such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions 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, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice therefor.
Appears in 1 contract
Repairs and Maintenance. 18.1. Other than Condominium Common Areas located 13.01 Tenant shall, at its expense, throughout the Propertyterm of this Lease, if any, that are to be maintained by the Association pursuant to the Declaration (which, if Landlord controls the Association, Landlord shall cause the Association to maintain in accordance with the Declaration), 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; common fire sprinkler systems (if any); common heating, ventilating, air conditioning systems; common elevators; exterior windows, and common electrical systems.
18.2. Except for services of Landlord, if any, required by Section 18.1 hereof, Tenant will take good care of and maintain in good order and condition the Premises and the fixtures and improvements therein (including, without limitation, all walls, doors, ceilings the property which is deemed Landlord’s pursuant to Section 12.01 hereof and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts Property, except as otherwise expressly provided in the last sentence of this Section 13.01, and except for ordinary wear and tear and damage from casualty or omissions)condemnation. Tenant shall be responsible for the cost of all repairs, whether interior and exterior, structural and non-structural, ordinary and extraordinary, foreseen or unforeseen, ordinary in and to the Premises and the Building and the facilities and systems thereof, the need for which arises out of (a) the performance or extraordinary (but excluding repairs required as a result existence of a casualty or condemnationAlterations, which shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements the installation, use or operation of the property which is deemed Landlord’s, pursuant to Sections 12.01 and 12.02 hereof and Tenant’s Property, (c) the moving of the property which is deemed Landlord’s pursuant to Sections 12.01 and 12.02 hereof and Tenant’s Property in or out of the Building, (d) the wrongful act or neglect of Tenant Improvementsor any of its subtenants or its or their employees, agents, contractors or invitees or (e) design flaws in any of Tenant’s Plans regardless of the fact that such Tenant’s Plans may have been approved by Landlord. Tenant, at its expense, shall promptly replace all so as to keep the Premises in a first class condition damaged or broken doors and state of repair, interior glass (subject to normal reasonable wear and tear, ) in and will neither commit nor suffer any active or permissive waste or injury thereof. Tenant’s responsibilities shall include about the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installationsPremises, including, without limitation, entrance doors, and shall be responsible for all related linesrepairs, conduitsmaintenance and replacement of wall and floor coverings in the Premises and for all the repair, pipes, cabling, connections maintenance and the like, located outside replacement of all horizontal portions of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting systems and decorating facilities of the Premises so as to maintain Building within and serving the Premises Premises, including without limitation the sanitary and electrical fixtures and equipment therein (but in a first-class condition and state of repair, subject to normal wear and tear (provided Tenant shall not be obligated to repaint any event excluding the Premises during high pressured duct work serving the last two (2) years of the Term, as it may be extendedperimeter induction system). All building standard bulbs, tubes and lighting fixtures for repairs in or to the Premises for which Tenant is responsible shall be provided promptly performed by Tenant in a manner which will not interfere with the use of the Building by other occupants; provided, however, any repairs in and installed to the Building and the facilities and systems thereof for which Tenant is responsible shall be performed by Landlord at Tenant’s cost expense, which expense shall be commercially reasonable. The exterior walls of the Building, the portions of any window ▇▇▇▇▇ outside the windows (and the solar film, if any, attached to the window glass), and the windows are not part of the Premises and Landlord reserves all rights to such parts of the Building. Notwithstanding the foregoing provisions of this Section 13.01, Tenant shall not be responsible for repairs to or replacements of any structural elements of the Building, except to the extent the need for such repairs or replacements arises from the matters set forth in clauses (a), (b), (c), (d) or (e) of the second sentence of this Section 13.01 or from the negligence or willful misconduct of Tenant, its employees, agents or contractors.
13.02 Tenant shall give Landlord prompt notice of any defective condition in any plumbing, heating, air-conditioning or ventilation system or electrical lines located in, servicing or passing through the Premises of which it has actual knowledge. Following such notice, Landlord shall remedy the conditions, but at the expense of Tenant if Tenant is responsible for same under the provisions of this Article 13.
13.03 Except as otherwise expressly provided in this Lease, Landlord shall have no liability to Tenant, nor shall Tenant’s covenants and must comply with obligations under this Lease be reduced or abated in any manner whatsoever, by reason of any inconvenience, annoyance, interruption or injury arising from Landlord’s sustainability practicesmaking any repairs or changes which Landlord is required or permitted by this Lease, including any third-party rating system concerning or required by law, to make in or to the environmental compliance fixtures, equipment or appurtenances of the Building or the Premises; provided, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by however, that Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant and consented to in writing by Landlord. Tenant shall, at Tenant’s expense, but under the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage use reasonable efforts to the Premises or Building caused by extent practicable to make such repairs and changes at such times and in such manner as to minimize interference with the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out of the Premises. Tenant shall be responsible for all janitorial service and trash removal from the Premises. Tenant covenants and agrees, at its sole cost and expense: (a) to comply with all present and future laws, orders and regulations of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s sole cost and expense, utilizing a contractor satisfactory to Landlord; and (e) that Tenant shall pay all costs, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason conduct of Tenant’s failure to comply with business in the provisions of this Section.
18.3. Premises, provided that Landlord shall not be liable for any failure to make any repairs or required to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for work on an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs overtime or maintenance. In the event that Landlord timely fails to make a repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable outpremium-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenancepay basis.
18.4. If any excavation shall be made upon land adjacent to or under the Building13.04 Landlord shall, or shall be authorized to be madeat its expense, 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 provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted Use.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
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. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and but subject to the provisions of Section 23.7 hereofthis Lease, keep and maintain the public portions of the Building, the structural portions of the Building, the windows (including the solar film, if any, attached to the window glass, to the extent that the cost same shall bubble without the fault of Tenant), and the Building’s plumbing, heating, air-conditioning, ventilation and electrical systems and facilities, to the extent that such repairs systems and maintenance caused by Tenant’s actsfacilities affect the Premises, neglectin good working order, fault or omissions exceeds and shall operate 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, then Landlord shall file Building as a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice thereforfirst-class office building.
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Repairs and Maintenance. 18.1. Other than Condominium Common Areas located at the Property, if any, (a) Except for repairs and replacements that are to be maintained by the Association pursuant to the Declaration (which, if Landlord controls the AssociationTenant must make as set forth in this Section, Landlord shall cause throughout the Association Term of this Lease be responsible for completing the following maintenance and repairs, such items to maintain in accordance with charged to the Declaration)Tenant as Operating Expenses (as defined herein): (i) snow removal from the parking lot, (ii) lawn mowing, landscaping, and general grounds upkeep, (iii) janitorial services, and (iv) all mechanical system general maintenance and repair, not due to the negligence or neglect of Tenant.
(b) In addition, Landlord shall repair be responsible at its sole cost 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; common fire sprinkler systems (if any); common heating, ventilating, air conditioning systems; common elevators; exterior windows, and common electrical systems.
18.2. Except expense for services of Landlord, if any, required by Section 18.1 hereof, Tenant will take good care of the Premises and the fixtures and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvements, all so as to keep the Premises in a first class condition and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereof. Tenant’s responsibilities shall include the maintenance, repair repairs and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside replacements of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repair, subject to normal wear and tear following (provided Tenant which shall not be obligated including in Operating Expenses), provided such repairs are not due to repaint the Premises during negligence or neglect of Tenant: (i) exterior walls, (ii) foundation and footings, (iii) structural elements, (iv) parking lot, but expressly limited to one (1) year; (v) roof (including membrane, insulation and flashing), but expressly limited to the last two warranty period of ten (210) years for all labor and twenty (20) years for all materials; and (v) major mechanical system and major plumbing repairs and replacements, but expressly limited to the five (5) years for all HVAC repairs and replacements. Any mechanical repairs arising out of Tenant installations or Tenant modifications to the Term, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and mechanical systems installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at the responsibility of Tenant’s sole cost and expense by persons or contractors selected by Tenant and consented to in writing by Landlord. Tenant shall, at .
15.02 Tenant’s expense, but under the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to the Premises or Building caused by the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out of the Premises. Tenant shall be responsible for all janitorial service and trash removal from the Premises. Tenant covenants and agrees, at its sole cost and expenseexpense and throughout the term of this Lease, shall keep and maintain the Premises in good order and condition, free of accumulation of dirt and rubbish, and shall promptly notify Landlord of the need for any repairs and replacements necessary to keep and maintain the Premises in good order and condition. Tenant’s obligations for repair and maintenance of the Premises shall include any repair and maintenance work not specifically required to be completed by Landlord as set forth in this Lease.
15.03 Tenant shall be responsible for the following repairs and replacements, including capital replacements and improvements, upon expiration of the applicable warranty: (ai) to comply with all present and future lawsroof — 10 years labor, orders and regulations of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”)20 years materials; (bii) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as HVAC — 5 years, except compressors that are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s sole cost and expense, utilizing a contractor satisfactory to Landlord3 years; and (eiii) that parking lot and all paved areas — 1 year. Upon expiration of the foregoing warranty periods, Landlord shall have no obligation to repair the roof, HVAC, and parking lot. All repairs made by Tenant shall pay to the extent commercially practicable utilize materials and equipment that are equal in quality and usefulness to those originally used in constructing the Premises. Tenant shall perform routine maintenance on all costsHVAC systems appurtenant to the Premises using a service firm(s), expensesreasonably acceptable to Landlord, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply which shall provide service and maintenance in accordance with the provisions of this Section.
18.3. Landlord manufacturer’s recommendations and shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice provide a copy of the need of such repairs or maintenancecontract to Landlord. In the event that Landlord timely Tenant fails to make enter into an HVAC service contract as provided above within ninety (90) days of occupying the Premises, Landlord shall obtain a repair or perform contract on behalf of Tenant that is consistent with Landlord’s other maintenance inside contracts for other of its tenants and shall ▇▇▇▇ Tenant directly for such contract.
15.04 Landlord shall have the right to inspect the Premises from time to time as it deems, in its sole opinion, necessary, and request that is Landlord’s obligation pursuant to Tenant comply with the terms of this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within Section. Within thirty (30) days after of written notice from Landlord, Tenant shall make, or diligently pursue to completion, all repairs and replacements it is instructed to make pursuant to Landlord’s receipt notice; provided that such repairs and/or replacements are required to be made by Tenant under the terms of such notice (orthis Lease.
15.05 In the event Tenant fails to perform, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same pursue to completion)), Tenant may perform the repair or maintenance its obligations under this section, Landlord may, after giving written notice and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within a cure period not to exceed thirty (30) days after receipt days, perform on Tenant’s behalf and recover the reasonable out of an invoice pocket costs and expenses of said performance from Tenant thereforupon demand and presentation of invoices representing the same. Notwithstanding anything in this Section to the contrary, before performing any Any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenance.
18.4. If any excavation amounts 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 provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted Useconsidered Additional Rent hereunder.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
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. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereof, to the extent that the cost of such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions 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, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice therefor.
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Repairs and Maintenance. 18.1. Other than Condominium Common Areas located at the PropertyA. Subject to provisions of paragraph 15, if any, that are to be maintained by the Association pursuant to the Declaration (which, if Landlord controls the Association, Landlord Lessor shall cause the Association to maintain in accordance with the Declaration), Landlord shall repair keep and maintain the roof, paving, structural elements, landscaping, irrigation, and exterior portions and Common Areas walls of the Building and the Project, including roofing and covering materials; foundations; exterior walls; plumbing; common fire sprinkler systems (if any); common heating, ventilating, air conditioning systems; common elevators; exterior windows, and common electrical systems.
18.2. Except for services of Landlord, if any, required by Section 18.1 hereof, Tenant will take good care of building in which the Premises are located in good order and the fixtures repair. Lessee shall reimburse Lessor for its proportionate share of said expenses, except for roof structure and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, elements which shall be addressed at Lessor's sole cost and expense, within ten (10) days of Lessee's receipt of Lessor's invoice demanding payment. If, however, any repairs or maintenance is required because of an act or omission of
(1) Lessor does not currently carry earthquake insurance. However, Lessor reserves the right to do so should it become available at commercially reasonable rates. Lessee's obligation to pay premiums for earthquake insurance shall be limited to 150% of the cost of coverage provided for in accordance with Sections 24 and 25 hereof)this Section 9C. Lessee or its agents, and employees, or invitees, Lessee shall pay to Lessor upon demand one hundred percent (b100%) replacements to of the Tenant Improvements, all so as to keep the Premises in a first class condition and state costs of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereof. Tenant’s responsibilities shall include the maintenance, such repair and replacement of all of Tenant’s signage (both interior maintenance. SEE ADDENDUM #7
B. Except as expressly provided in Subparagraph A above, Lessee shall, at its sole cost, keep and exterior) and all other facilities and equipment of Tenant located outside of maintain the entire Premises and all improvements, systems, equipment, and other installationsevery part thereof, including, without limitation, the windows, window frames, plate glass, glazing, truck doors, doors, all related linesdoor hardware, conduits, pipes, cabling, connections and the like, located outside interior of the Premises that were installed by Tenant or installed by Landlord exclusively 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 Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating maintenance of the Premises so as 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. Lessee shall further 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 a first-class condition and state of repair, subject addition to normal wear and tear (provided Tenant shall not be obligated to repaint the Premises during the last two (2) years of the Term, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building all other remedies available hereunder or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant and consented to in writing by Landlord. Tenant shall, at Tenant’s expense, but under the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to the Premises or Building caused by the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out of the Premises. Tenant shall be responsible for all janitorial service and trash removal from the Premises. Tenant covenants and agrees, at its sole cost and expense: (a) to comply with all present and future laws, orders and regulations of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s sole cost and expensewithout waiving any alternative remedies, utilizing a contractor satisfactory to Landlord; and (e) that Tenant shall pay all costs, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with the provisions of this Section.
18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. In the event that Landlord timely fails to make a repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (orsame, if such repair or maintenance cannot reasonably be completed with such periodand in that event, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord Lessee shall reimburse Tenant Lessor as additional rent for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenance.
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 provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted Use.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
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. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereof, to the extent that the cost of such maintenance or repairs on the next date upon which rent becomes due. Lessee hereby expressly waives the provision of Subsection 1 of Section 1932, and maintenance caused by Tenant’s actsSections 1941 and 1942 of the Civil Code of California and all rights to make repairs at the expense of Lessor, neglect, fault or omissions exceeds the limits as provided in Section 942 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, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice thereforsaid Civil Code.
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Sources: Lease (SCM Microsystems Inc)
Repairs and Maintenance. 18.1. Other than Condominium Common Areas located at During said lease term or any other period of occupancy prior to or after said lease term the PropertyLESSOR shall maintain and keep in good repair the exterior of the building within which the leased premises is contained (inclusive of the obligation to maintain and repair the roof, if anygutters and downspouts and to keep said building structurally sound, that are to be maintained but exclusive of any such exterior part of the premises damaged by the Association pursuant to the Declaration (whichnegligence of LESSEE or its employees, if Landlord controls the Associationagents, Landlord shall cause the Association to maintain in accordance with the Declaration), Landlord shall repair and maintain the structural and exterior portions and Common Areas of the Building contractors or representatives) and the Projectentire Common Area within said CENTER; provided, including roofing and covering materials; foundations; exterior walls; plumbing; common fire sprinkler systems (if any); common heatinghowever, ventilating, air conditioning systems; common elevators; exterior windows, and common electrical systems.
18.2. Except for services of Landlord, if any, required by Section 18.1 hereof, Tenant will take good care of the Premises and the fixtures and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvements, all so as to keep the Premises in a first class condition and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereof. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repair, subject to normal wear and tear (provided Tenant LESSOR shall not be obligated to repaint the Premises during the last two (2) years repair and maintain any part of the Termexterior storefront of said premises (meaning any part of any door, as it may be extendeddoorframe 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 which constitutes part of or is affixed to said premises. All building standard bulbsDuring said same period or periods, tubes and lighting fixtures in addition to being responsible for the Premises maintenance and repair of those parts of the premises which as above mentioned are not obligations of the LESSOR, LESSEE shall maintain and keep in good repair and condition the interior of the demised premises, including but not limited to the walls, floors and ceilings and any parts thereof; and LESSEE shall further be responsible for the repair, maintenance and replacement, if necessary, of all mechanical, electrical and plumbing systems or parts thereof within or exclusively serving said premises, including but not limited to, the 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 regular and periodic servicing (not less than twice each year) of the 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 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 on behalf of LESSEE and the cost thereof shall, on demand, be promptly paid by LESSEE to LESSOR; provided, however, LESSOR shall have no obligation by virtue of this provision to contract for such services. 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 be provided solely responsible for keeping the sidewalk immediately in front of its storeroom premises free from snow and installed by Landlord at Tenant’s cost ice. Further notwithstanding the foregoing to the contrary, LESSOR warrants that the HVAC system shall be in good working condition and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance repair upon delivery of possession of the Building or the Premises, as the same may change from time premises to time. All such repair work LESSEE; and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant and consented to in writing by Landlord. Tenant shall, at Tenant’s expense, but under the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to the Premises or Building caused by the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out of the Premises. Tenant that LESSOR shall be responsible for all janitorial service and trash removal from the Premises. Tenant covenants and agrees, at its sole cost and expense: such HVAC repair (aexcluding routine changing of filters) to comply with all present and future laws, orders and regulations of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s sole cost and expense, utilizing a contractor satisfactory to Landlord; and (e) that Tenant shall pay all costs, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply should anything go wrong with the provisions system during the first six (6) months of this Sectionsaid Primary Term.
18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. In the event that Landlord timely fails to make a repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenance.
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 provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted Use.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
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. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereof, to the extent that the cost of such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions 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, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice therefor.
Appears in 1 contract
Sources: Lease (Family Christian Stores Inc)
Repairs and Maintenance. 18.1. Other than Condominium Common Areas located at the Property, if any, that are to be maintained by the Association pursuant to the Declaration (which, if Landlord controls the Association, Landlord shall cause the Association to maintain in accordance with the Declaration), 18.1 Landlord shall repair and maintain the structural and exterior portions and Common Areas Area of the Building and the Project, including but not limited to roofing and covering materials; foundationsfoundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; common fire sprinkler systems (if any); common heating, ventilating, air conditioning HVAC systems; common elevators; exterior windows, and common electrical systemssystems installed or furnished by Landlord.
18.2. 18.2 Except for services of Landlord, if any, required by Section 18.1 hereof18.1, and subject to Landlord’s obligations under this Lease, Tenant will take good care of the Premises and the fixtures and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvements, all so as to keep the Premises in a first class condition and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereof. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repair, subject to normal wear and tear (provided Tenant shall not be obligated to repaint the Premises during the last two (2) years of the Term, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons maintain and keep the interior of the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear or contractors selected by Tenant from casualty and consented eminent domain excepted (subject to in writing by the terms of Sections 24 and 25 below), and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, at Tenant’s expenseupon the expiration or sooner termination of the Term, but under surrender the direction of LandlordPremises to Landlord in as good a condition as when received, ordinary wear and tear and damage by contractors selected by Tenant casualty and consented to in writing by Landlord, promptly repair any injury or damage eminent domain excepted (subject to the Premises or Building caused by terms of Sections 24 and 25 below) and with the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) Landlord Improvements in substantially the same condition as existed on the Premises by Tenant, or by Tenant moving in or out of the Premises. Tenant shall be responsible for all janitorial service Term Commencement Date; and trash removal from the Premises. Tenant covenants and agreesshall, at its sole cost and expense: (a) to comply with all present and future laws, orders and regulations of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort request and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s sole cost and expense, utilizing a contractor satisfactory remove all telephone and data systems, wiring and equipment from the Premises installed by Tenant, and repair any damage to Landlord; 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 (e) that Tenant shall pay all costs, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with the provisions of this Sectionthe Work Letter.
18.3. 18.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless 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. In the event that Landlord timely fails to make a repair , or perform maintenance inside the Premises that is (b) such failure arises from Landlord’s obligation pursuant 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, Tenant may notify and Landlord of shall use reasonable good faith efforts to undertake such failure and, if Landlord does not make the repair maintenance or perform the maintenance within thirty (30) days repairs as soon as reasonably possible after Landlord’s receipt of such notice (or, if such repair notice. Tenant waives its rights under Applicable Laws now or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same hereafter in effect to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such make repairs or maintenance, Tenant shall notify Landlord of Tenantat Landlord’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenanceexpense.
18.4. 18.4 If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises 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 that such entry does not materially adversely affect Lease; subject to compliance with Tenant’s beneficial reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use and occupancy of the Premises for the Permitted UsePremises.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
18.6. 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.
18.7. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs 18.6 Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. .
18.7 Notwithstanding the foregoing and subject anything to the provisions contrary in this Lease, in the event of Section 23.7 hereofemergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7, Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions exceeds the limits of any insurance maintained or required to be maintained work performed by Tenant pursuant to this Lease but are covered by insurance maintained or required to be maintained by Landlord under this Lease, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor Section within thirty (30) days after receipt of an invoice thereforinvoice.
Appears in 1 contract
Sources: Lease (NanoString Technologies Inc)
Repairs and Maintenance. 18.1. Other than Condominium Common Areas located at the Property, if any, that are to be maintained by the Association pursuant to the Declaration (which, if A. Landlord controls the Association, Landlord shall cause the Association to maintain in accordance with the Declaration), 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; common fire sprinkler systems (if any); common heating, ventilating, air conditioning systems; common elevators; exterior windows, and common electrical systems.
18.2. Except for services of Landlord, if any, required by Section 18.1 hereof, Tenant will take good care of the Premises and the fixtures and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvements, all so as to keep the Premises in a first class condition and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereof. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repair, subject to normal wear and tear (provided Tenant shall not be obligated to repaint the Premises during the last two (2) years of the Term, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant and consented to in writing by Landlord. Tenant shall, at Tenant’s expense, but under the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to the Premises or Building caused by the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out of the Premises. Tenant shall be responsible for all janitorial service and trash removal from the Premises. Tenant covenants and agrees, at its sole cost and expense: (a) to comply with all present , maintain and future laws, orders repair the roof and regulations structural elements of the FederalBuilding, Statethe driveways and parking areas located on the Land, countyand, municipal 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 non-structural elements of the Premises and make such repairs to the Premises as and when needed for its use and occupancy of the Premises and to preserve the Premises in substantially the same (or better) condition, as it existed at the Commencement Date, ordinary wear and tear and damage for which Landlord is responsible excepted (the “Building Maintenance”), to the extent that such Building Maintenance is reasonably necessary during the Term hereof. Tenant shall be solely responsible for obtaining any services required by Tenant for its Permitted Use. With regard to the use and occupancy of the Premises 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 governing authorities regarding the collection, sorting, separation, refuse in containers until removed; and recycling of (4) have such garbage, trash, rubbish and other 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 (collectivelyi.e. routine/minor repairs and day-to-day maintenance occasioned by standard operational use of systems), “trash”); (b) including but not limited to, providing regular service for of the HVAC. Notwithstanding the foregoing or anything to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where the contrary contained herein, Landlord at it may sole cost shall be more stringent than applicable law; (c) responsible for any major repairs or replacements to sort the HVAC and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by lawBuilding Systems, and to require Tenant to arrange for such collection at Tenant’s sole cost and expense, utilizing a contractor satisfactory to Landlord; and (e) that Tenant shall pay all costs, expenses, fines, penalties any maintenance or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with the provisions of this Section.
18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance replacements costing in excess of $5,000.00; provided, however, that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. In the event that Landlord timely fails to make a repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of replacement are required due solely to Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs gross negligence or maintenance.
18.4. If any excavation shall be made upon land adjacent to or under the Buildingwillful misconduct, 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 provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted Use.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and then Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
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. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereof, to the extent that the cost of such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions 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, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice thereforcosts.
Appears in 1 contract
Sources: Securities Purchase Agreement (Gloo Holdings, Inc.)
Repairs and Maintenance. 18.1. Other than Condominium Common Areas located 7.1 Tenant shall generally maintain and repair the Leased Premises, in a good and workmanlike manner, and shall, at the Propertyexpiration of the term, if anydeliver the Leased Premises in good order and condition, damages by fire or casualty, the elements and ordinary wear and tear excepted. Tenant covenants and agrees that are to be maintained by the Association pursuant it shall not cause or permit any waste, damage or disfigurement to the Declaration (whichLeased Premises, if Landlord controls the Association, Landlord shall cause the Association to maintain in accordance with the Declaration), Landlord shall repair and maintain the structural and exterior portions and Common Areas or any overloading of the Building floors. Tenant shall maintain and make all repairs to the floor surface, plumbing and electrical systems including all ballasts and fluorescent fixtures located within the Leased Premises, and the Projectentire HVAC system, including roofing and covering materials; foundations; exterior walls; plumbing; common fire sprinkler systems (if any); common heating, ventilating, air conditioning systems; common elevators; exterior windows, and common electrical systems.
18.2. Except for services unless the repair is the result of the negligence of Landlord, if anyits agents, contractors, employees, tenants or invitees. Landlord shall be responsible for repairs necessary to the roof, foundation, exterior and load-bearing walls and other structural elements, and electric, plumbing and other Building systems to the point where they enter the Leased Premises, unless, and to the extent, the repair is necessitated by negligence of Tenant, or its agents, employees or contractors, and the cost thereof is not covered by Landlord's insurance, or the insurance Landlord is required by Section 18.1 hereofto carry under this Lease, Tenant will take good care (without taking into account any deductible) whichever is greater. Repairs and replacements shall be made within a reasonable time after Landlord receives notice or has actual knowledge of the Premises need for such repair or replacement.
7.2 The Tenant shall, at its own cost and the fixtures expense, pay all utility meter and improvements therein (includingservice charges, without limitation, all walls, doors, ceilings including gas and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused electric services used by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvementsin the Leased Premises. Landlord shall have the option to install, at its own cost, a separate water meter and invoice Tenant directly for its water usage. The Tenant agrees to maintain all so as leased areas at a minimum temperature of 45 degrees, excluding cold rooms on other rooms specifically designed for a lower temperature, to keep prevent the Premises in a first class condition freezing of domestic water and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereof. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, all related lines, conduits, sprinkler pipes, cabling, connections and the like, located outside of the Premises provided that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repair, subject to normal wear and tear (provided Tenant shall not be obligated responsible if gas or electrical service to repaint the Premises during the last two (2) years of the Term, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant and consented to in writing by Landlord. Tenant shall, at Tenant’s expense, but under the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to the Premises or Building has been interrupted for a reason not caused by the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out of the Premises. Tenant shall be responsible for all janitorial service not store any items outside the Leased Premises, and trash removal from shall deliver its garbage and recyclables to the Premisescentral receiving area on the lot. Tenant covenants and agrees, shall dispose of all hazardous/medical waste with an approved hauler at its sole cost and expense: own cost.
7.3 Landlord shall provide the following during the term of this Lease:
(a) to comply Continually cooperate with all present utility companies providing water, gas and future laws, orders and regulations of electrical service to the Federal, State, county, municipal or other governing authorities regarding point where they enter the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”)Leased Premises for Tenant's permitted uses; (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable lawExtermination and pest control when necessary; (c) 24-hour access to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practicesthe Leased Premises; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s sole cost and expense, utilizing a contractor satisfactory to Landlord; and (e) that Tenant shall pay all costs, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with the provisions of this Section.
18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. In the event that Landlord timely fails to make a repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenance.
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 provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted Use.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
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. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereof, to the extent that the cost of such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions 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, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice therefor.
Appears in 1 contract
Sources: Lease Agreement (3 Dimensional Pharmaceuticals Inc)
Repairs and Maintenance. 18.1. Other than Condominium Common Areas located at the Property, if any, that are to be maintained by the Association pursuant to the Declaration (which, if Landlord controls the Association, Landlord shall cause the Association to maintain in accordance with the Declaration), Landlord shall repair and maintain the structural and exterior portions of the Building, including the roof and Common Areas of the Building and the Project, including roofing and covering materials; foundations; exterior walls; plumbing; common fire sprinkler systems (if any); common heating, ventilating, air conditioning systems; common elevators; exterior windows, and common electrical systems.
18.2. Except for services of Landlord, if any, required by Section 18.1 hereof18.1, Tenant will take good care of the Premises and the fixtures and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvements, all so as to keep the Premises in a first class condition and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereof. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repair, subject to normal wear and tear (provided Tenant shall not be obligated to repaint the Premises during the last two (2) years of the Term, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant and consented to in writing by Landlord. Tenant shall, at Tenant’s expense, but under the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to the Premises or Building caused by the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out of the Premises. Tenant shall be responsible for all janitorial service and trash removal from the Premises. Tenant covenants and agrees, at its sole cost and expense: (a) to comply with , shall maintain and keep the Premises, all present and future laws, orders and regulations of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separationimprovements thereon, and recycling of garbageall appurtenances thereto, trashincluding, rubbish sewers, water, gas and other refuse (collectivelyelectrical distribution systems and facilities, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by lawdrainage facilities, and to require Tenant to arrange for such collection at Tenant’s sole cost all signs, both illuminated and expensenon-illuminated that are now or hereafter on the Premises, utilizing in good condition and in a contractor satisfactory to Landlord; and (e) that Tenant shall pay all costs, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply manner consistent with the provisions of this Section.
18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. In the event that Landlord timely fails to make a repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenance.
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 provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted Use.
18.5. Landlord Tenant shall make all repairs, replacements and Tenant acknowledge improvements, including all HVAC, plumbing and agree that pursuant to the Declarationelectrical repairs, the Associationreplacements and improvements required, and not Landlordshall keep the same free and clear from all rubbish, is responsible for debris, insects, rodents and other vermin and pests. Tenant shall, no later than January 31st of each calendar year during the maintenanceTerm, repair and replacement provide to Landlord a copy of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, budget for maintenance, repairs and replacements performed at the Premises for the preceding calendar year, as well as a detailed summary of the amounts actually expended by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of Tenant during such services, period for maintenance, repairs and replacements shall be included in Common Expenses in accordance with at the Declaration and Project. All repairs made by Tenant shall be responsible at least equal in quality to pay its Pro Rata Share the 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 non-structural alterations, repairs, additions or improvements to be performed do not exceed Twenty-Five Thousand Dollars ($25,000) in value. Landlord may impose reasonable restrictions and requirements with respect to such repairs. Tenant shall not take or omit to take any action, the taking or omission of such amounts which shall cause waste, damage or injury to the Premises. Tenant shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold harmless Landlord from and against any and all Claims (as are assessed against the Unit or Landlord as the Unit Owner defined in accordance with Section 9 hereof.
18.6. This Article relates to repairs and maintenance 12.12)) arising in the ordinary course of operation out of the Building 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, employees, agents, contractors, invitees, customers and the Projectsubcontractors. 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. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject , unless such costs are incurred due in whole or in part to the provisions any act, neglect, fault or omissions of Section 23.7 hereofTenant or its employees, agents, contractors or invitees, in which case Tenant shall pay to the extent that Landlord the cost of such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions 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, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice thereformaintenance.
Appears in 1 contract
Sources: Lease Agreement (Bionovo Inc)
Repairs and Maintenance. 18.1. Other than Condominium Common Areas located at Tenant shall perform ordinary repairs and maintenance on the Property, if any, that are to be maintained by the Association pursuant to the Declaration (which, if Landlord controls the Association, Landlord shall cause the Association to maintain in accordance with the Declaration), Landlord shall repair and maintain the structural and exterior portions and Common Areas interior of the Building and the ProjectPremises, including roofing and covering materials; foundations; exterior walls; all plumbing; common fire sprinkler systems (if any); common heating, ventilatingwiring, air conditioning systems; common elevators; exterior windowspiping, and common electrical systems.
18.2. Except for services of Landlord, if any, required by Section 18.1 hereof, Tenant will take good care of the Premises and the fixtures and improvements therein (including, without limitation, all wallsfixtures, doors, ceilings and lighting fixturesmechanical equipment (HVAC, etc.) in good and substantial repair during the term of this Lease, or any extension thereof, and shall replace all electricalglass in windows and doors damaged or broken during the term of the Lease; such agreements of Tenant, plumbinghowever, mechanical shall not apply to any damage caused by fire or other casualties which are covered by standard fire and HVAC equipment exclusively serving 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 Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvements, all so as to keep the Premises in a first class condition and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereof. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repair, subject to normal wear and tear (provided Tenant shall not be obligated to repaint the Premises during the last two (2) years of the Term, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord effective at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant and consented to in writing by Landlord. Tenant shall, at Tenant’s expense, but under the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to the Premises or Building caused by the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out of the PremisesLease Commencement. Tenant shall be responsible for all janitorial service and trash removal from the Premises. Tenant covenants and agrees, at its sole cost and expense: (a) to comply with all present and future laws, orders and regulations of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s sole their own cost and expense, utilizing agree to enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor satisfactory approved by Landlord, for servicing all heating and air conditioning systems and equipment servicing the Premises and an executed copy of such contract shall be delivered to Landlord; . This service contract must include all services suggested by the equipment manufacturer within the operations/maintenance manual and (e) that Tenant shall pay all costs, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with the provisions of this Section.
18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. In the event that Landlord timely fails to make a repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance must become effective within thirty (30) days after Landlord’s receipt of such notice the date you take possession of the Premises. Landlord may (or, if such repair or maintenance canbut shall not reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)to), Tenant may upon notice to Tenant, elect to enter into such a maintenance service contract on your behalf or perform the repair or maintenance 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 area. ▇▇▇▇▇▇▇▇ agrees to pay any and Landlord shall reimburse Tenant all expenses above $5,000 per year for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section major repairs to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenanceHVAC sytem.
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 provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted Use.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
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. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereof, to the extent that the cost of such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions 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, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice therefor.
Appears in 1 contract
Sources: Commercial Lease
Repairs and Maintenance. 18.1A. Subject to provisions of Section 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. Other than Condominium Common Areas located at Lessor shall make such repairs, replacements, alterations or improvements as Lessor deems reasonably necessary with respect to its obligations above. Lessee shall pay to Lessor, within twenty (20) days of Lessor’s invoice to Lessee therefore, Lessee’s Pro-Rata Share of such repairs, replacements, alterations or improvements. In the Property, if any, event that are to be maintained by the Association cost of any replacement or improvement required pursuant to the Declaration (whichabove obligation exceeds $20,000 per occurrence, the amount in excess of $20,000 shall be amortized over the useful life of such replacements or improvements. Lessee shall be responsible to pay its pro-rata share of such excess on a monthly basis, as Additional Rent, for as long as the useful life coincides with the lease term. Notwithstanding the foregoing, if Landlord controls the Associationreason for any repair, Landlord replacement, alteration or improvement is caused by Lessee or arises because of a breach of Lessee’s obligations under this Lease, then Lessee shall cause pay 100% of the Association costs or expense to maintain remedy the same.
B. Except as expressly provided in accordance with the Declaration)Section 11(A) above, Landlord shall repair Lessee shall, at its sole cost, keep 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; common fire sprinkler systems (if any); common heating, ventilating, air conditioning systems; common elevators; exterior windows, and common electrical systems.
18.2. Except for services of Landlord, if any, required by Section 18.1 hereof, Tenant will take good care of the entire Premises and the fixtures and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvements, all so as to keep the Premises in a first class condition and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury every part thereof. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, the windows, window frames, plate glass, glazing, truck doors, doors, all related linesdoor hardware, conduits, pipes, cabling, connections and the like, located outside interior of the Premises that were installed by Tenant or installed by Landlord exclusively 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 Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating maintenance of the Premises so as 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. Lessee shall further 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 within ten (10) days after written notice from Lessor, lessor, in a first-class condition and state of repair, subject addition to normal wear and tear (provided Tenant shall not be obligated to repaint the Premises during the last two (2) years of the Term, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building all other remedies available hereunder or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant and consented to in writing by Landlord. Tenant shall, at Tenant’s expense, but under the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to the Premises or Building caused by the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out of the Premises. Tenant shall be responsible for all janitorial service and trash removal from the Premises. Tenant covenants and agrees, at its sole cost and expense: (a) to comply with all present and future laws, orders and regulations of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s sole cost and expensewithout waiving any alternative remedies, utilizing a contractor satisfactory to Landlord; and (e) that Tenant shall pay all costs, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with the provisions of this Section.
18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. In the event that Landlord timely fails to make a repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (orsame, if such repair or maintenance cannot reasonably be completed with such periodand in that event, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord Lessee shall reimburse Tenant Lessor as additional rent for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenance.
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 provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted Use.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
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. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereof, to the extent that the cost of such maintenance or repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions exceeds on 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, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice therefornext date upon which rent becomes due.
Appears in 1 contract
Sources: Lease (Zoran Corp \De\)
Repairs and Maintenance. 18.1. Other than Condominium Common Areas located A. Except as otherwise provided herein, CITY is responsible, at the Property, if any, that are to be maintained by the Association pursuant to the Declaration (which, if Landlord controls the Association, Landlord shall cause the Association to maintain its sole expense and in accordance with any applicable local, state or federal law, regulation or code relating to structural integrity, for the Declaration), Landlord shall following maintenance and repair and maintain the structural and exterior portions and Common Areas of the Building building and grounds at all times during the Projectterm of this LEASE: the roof, including roofing and covering materialsperiodic gutter cleaning as necessary; foundationsfoundation; exterior and interior walls; plumbing; common fire sprinkler systems (if any); common heatingflooring replacement within the premises, ventilating, air conditioning systems; common elevators; exterior windows, and common electrical systems.
18.2. Except for services of Landlord, if any, required as may be necessitated by Section 18.1 hereof, Tenant will take good care of the Premises and the fixtures and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvements, all so as to keep the Premises in a first class condition and state of repair, subject to normal wear and tear; plumbing; jointly-used electrical panels; the HVAC (heating, ventilation and will neither commit nor suffer air conditioning) system; and remediation of hazardous conditions not caused by the LESSEE.
B. Except as otherwise provided herein, LESSEE is responsible, at its sole expense and in accordance with any active applicable local, state or permissive waste federal law, regulation or injury thereof. Tenant’s responsibilities shall include code relating to structural integrity, for the maintenance, proper and reasonable maintenance and repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and premises at all improvements, systems, equipment, and other installationstimes during the term of this LEASE to prevent the premises from entering into a state of disrepair, including, without limitation, all related lines, conduits, pipes, cabling, connections elevator service and maintenance and the likefire protection system and fire ratings. Except for ordinary maintenance or repair that is common to the normal, located outside daily upkeep of the Premises that were installed premises and which does not affect the structure, egress, energy conservation or plumbing, sanitary, gas, electrical or other utilities, such proper and reasonable maintenance and repair of the premises must be performed by Tenant a person who is licensed in the State of Nevada to perform the maintenance or installed repair. The maintenance and repair required to be performed within the premises by Landlord exclusively for Tenant LESSEE pursuant to this Lease. Tenantparagraph B of Section 4 includes:
(1) Maintenance of the flooring, but only in such a manner that is consistent with the use of techniques and products approved by the CITY Facilities Maintenance Manager or his or her designee in advance of the commencement of any work; paint; electrical outlets, switches and fixtures; equipment that is used for fire protection or suppression, including, without limitation, any existing fire, smoke or gas detectors and fire extinguishers previously installed within the premises, but excluding general maintenance or repair of any building-wide fire protection or suppression system; and the interior of the premises in general, including, without limitation, maintenance to remediate water leaks, plugged or leaking toilets, non-functioning bulbs, non-functioning lighting ballasts and damage to walls and any plate glass that is damaged due to LESSEE’s responsibilities use; and
(2) Repair of any damage that is directly or proximately caused by the LESSEE, its employees, agents, volunteers, contractors or invitees.
C. Notwithstanding any other provision of this LEASE, LESSEE is responsible, at its sole expense and in conjunction therewith shall also includeaccordance with any applicable local, state or federal law, regulation or code relating to structural integrity, including, but not be limited to, the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repairState Historic Preservation Office (“SHPO”), subject to normal wear and tear (provided Tenant shall not be obligated to repaint the Premises during the last two (2) years of the Term, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided proper and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including reasonable repair of any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant and consented to in writing by Landlord. Tenant shall, at Tenant’s expense, but under the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to the Premises building and grounds that is directly or Building proximately caused by the misuse or neglect thereof by TenantLESSEE, by Tenant’s contractors, subcontractors, customers, its employees, licensees, agents, volunteers, contractors or invitees permitted invitees.
D. CITY will not incur any liability, including, without limitation, compensation or invited (whether by express damages, for any inconvenience, annoyance, injury to or implied invitation) on interference with ▇▇▇▇▇▇’s business operations arising from or relating to the Premises by Tenantprovision of maintenance or the making of any repairs, alterations or by Tenant moving improvements in or out to any portion of the Premises. Tenant shall be responsible for all janitorial service premises, building or grounds which are performed in a commercially reasonable manner and trash removal from deemed necessary or beneficial at the Premises. Tenant covenants and agrees, at its sole cost and expense: (a) to comply with all present and future laws, orders and regulations discretion of CITY.
E. For the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s sole cost and expense, utilizing a contractor satisfactory to Landlord; and (e) that Tenant shall pay all costs, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with the provisions purposes of this Section.
18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. In the event that Landlord timely fails to make a repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenance.
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 provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted Use.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the DeclarationAgreement, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 term “grounds” shall be deemed to have been performed on behalf of Landlord include, as applicable, the parking lot, landscaping and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
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. Unless otherwise expressly excluded from Operating Expenses pursuant sidewalks appurtenant to the terms hereof, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereof, to the extent that the cost of such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions 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, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice thereforpremises.
Appears in 1 contract
Sources: Lease Agreement
Repairs and Maintenance. 18.1. Other than Condominium Common Areas located at the Property, if any, that are to be maintained by the Association pursuant to the Declaration (which, if Landlord controls the Association, Landlord shall cause the Association to maintain in accordance with the Declaration), Landlord shall repair and maintain in good condition and repair the structural and exterior portions and Common Areas Area of the Building and the Project, including roofing and covering materials; foundationsfoundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; common fire sprinkler systems (if any); common heating, ventilating, air conditioning systemsthe chiller(s) located on the roof of the Building which do not exclusively serve the Premises or any other tenant’s premises; common elevators; exterior windows, and common base Building electrical systemssystems installed or furnished by Landlord.
18.2. Except for services of Landlord, if any, required by Section 18.1 hereof18.1, Tenant will take good care of the Premises and the fixtures and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvements, all so as to keep the Premises in a first class condition and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereof. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repair, subject to normal wear and tear (provided Tenant shall not be obligated to repaint the Premises during the last two (2) years of the Term, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense maintain and keep the Premises (including but not limited to the HVAC systems serving the Premises (other than the chiller(s) to be maintained by persons Landlord pursuant to Section 18.1 above), any supplemental HVAC serving the Premises, and any other systems or contractors selected by Tenant equipment exclusively serving the Premises) and consented every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted, and shall, within ten (10) days after receipt of written notice from Landlord, provide to in writing by LandlordLandlord any maintenance records that Landlord reasonably requests. Tenant shall, at Tenant’s expenseupon the expiration or sooner termination of the Term, but under the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to surrender the Premises or Building caused by to Landlord in as good a condition as when received, ordinary wear and tear excepted, and with the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) Tenant Improvements in as good a condition as existed on the Premises by Tenant, or by Tenant moving in or out of the Premises. Tenant shall be responsible for all janitorial service Term Commencement Date; and trash removal from the Premises. Tenant covenants and agreesshall, at its sole cost and expense: (a) to comply with all present and future laws, orders and regulations of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort request and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s sole cost and expense, utilizing a contractor satisfactory remove all telephone and data systems, wiring and equipment from the Premises, and repair any damage to Landlord; 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 (e) that Tenant shall pay all costs, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with the provisions of this Sectionthe Work Letter.
18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. In the event that Landlord timely fails Tenant waives its rights under Applicable Laws now or hereafter in effect to make a repair or perform maintenance inside the Premises that is repairs at Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenanceexpense.
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 provided that such entry does not materially adversely affect Lease. Landlord will use commercially reasonable efforts to minimize any disruption to Tenant’s beneficial use and occupancy of the Premises for the Permitted Usebusiness operations due to work performed in accordance with this Section.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
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.
18.718.6. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereof, Expenses to the extent that the cost of such repairs and maintenance caused permitted by Tenant’s acts, neglect, fault or omissions 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, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice thereforSection 9.1.
Appears in 1 contract
Repairs and Maintenance. 18.1Landlord shall maintain the exterior walls, roof, all other structural portion of the Building, and paved areas (concrete/asphalt) of the Premises in good condition, the cost of which shall be included in the operating costs and expenses for the Premises, unless any repair is caused by the acts or negligence of Tenant, its employees or contractors, in which event the cost of the repair shall be paid by Tenant exclusively. Other than Condominium Common Areas located Capital replacements with respect to such items shall be Landlord’s responsibility, but will be billable to Tenant pursuant to the second paragraph of this Section. Tenant shall promptly notify Landlord of any damage to or the necessity of any repairs to the roof or exterior walls. Tenant shall, at its expense, maintain the Propertyinterior of the Premises, and all doors, loading docks and leveling equipment, if any, that are the windows and glass, and the systems, machinery and equipment, including plumbing, electrical, heating and ventilating and air conditioning, and promptly make all necessary repairs and replacements. Tenant shall provide its own janitorial services, including window cleaning and light bulb, tube and starter replacement within the interior space, and shall keep all trash in closed containers and arrange for periodic removal thereof. Tenant's trash containers or dumpster shall be placed at a location on the concrete loading dock pad reasonably agreed to be maintained by Landlord and Tenant. Tenant shall also keep the Association pursuant walkways, loading docks and ramps (if any) adjacent to the Declaration (whichPremises free of litter, if ice and snow. In addition, Tenant shall, upon the reasonable request of the Landlord, at Tenant's expense, throughout the Term, maintain a contract with an extermination service, acceptable to Landlord controls to provide monthly service to control rodents and other pests in the AssociationPremises. If Tenant fails to maintain the aforementioned required contracts, Landlord shall cause provide written notice to Tenant of the Association failure to maintain the requisite contracts and may at any time within five (5) business days following such notice enter into contracts to provide the required services at Tenant's expense. Tenant shall pay to Landlord its pro-rata share of all operating costs and expenses incurred by Landlord in accordance with operating and maintaining the Declaration), Landlord Property. Operating costs and expense 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; common fire sprinkler systems (if any); common heating, ventilating, air conditioning systems; common elevators; exterior windows, and common electrical systems.
18.2. Except for services of Landlord, if any, required by Section 18.1 hereof, Tenant will take good care of the Premises and the fixtures and improvements therein (includinginclude, without limitation, gardening and landscaping, exterior wall and roof maintenance, premiums for casualty, public liability and property damage insurance, repairs, parking lot striping/maintenance/repairs, exterior wall painting/sealing, lighting, sanitary control, sprinkler system maintenance/monitoring/repair, removal of snow, litter and other refuse, Hillside Owners Association dues and assessments, and the actual cost of personnel directly related to the Property's maintenance and operation, and twenty percent (20%) of all wallsthe foregoing for administrative and overhead costs of Landlord. Landlord shall not be entitled to charge a management fee in addition to the foregoing. For purposes hereof, doorsoperating costs and expenses shall also include costs of replacement and other costs of a capital nature, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving provided such costs are amortized over the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions useful life of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts replacement or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed capital item in accordance with Sections 24 and 25 hereof)generally accepted accounting principles. Operating expenses shall not include any cost of curing any violation of law, and (b) replacements to the Tenant Improvements, all so rule or regulation in effect as to keep the Premises in a first class condition and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereof. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside date of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. The parties hereby agree that Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating 's pro-rata share of the Premises so as to maintain operating costs and expenses for the Premises in a first-class condition and state of repair, subject to normal wear and tear (provided Tenant shall not be obligated to repaint the Premises during the last two (2) years Property is 26.4% inclusive of the Term, as it may be extended)portion of Hillside Owners Association dues and assessments charged to the Premises. All building standard bulbs, tubes Operating costs and lighting fixtures expenses for the Premises shall be provided and installed determined by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including billed to Tenant no less often than quarterly for any third-party rating system concerning the environmental compliance fiscal year Landlord may adopt for such purpose. Said ▇▇▇▇▇▇▇▇ shall include an itemized listing of the Building or the Premises, as the same may change from time to timecosts incurred. All such repair work and maintenance and any alterations permitted by Landlord Payments shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant and consented to in writing by Landlord. Tenant shall, at Tenant’s expense, but under the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to the Premises or Building caused by the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out of the Premises. Tenant shall be responsible for all janitorial service and trash removal from the Premises. Tenant covenants and agrees, at its sole cost and expense: (a) to comply with all present and future laws, orders and regulations of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept due from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s sole cost and expense, utilizing a contractor satisfactory to Landlord; and (e) that Tenant shall pay all costs, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with the provisions of this Section.
18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. In the event that Landlord timely fails to make a repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice remittance request from Tenant thereforLandlord. Notwithstanding anything in this Section to the contraryLandlord shall maintain and, before performing any such repairs or maintenance, Tenant shall notify Landlord of upon Tenant’s intent request, provide to do so and Tenant reasonable supporting documentation for any item contained on the itemized listing of costs incurred at any time. However, said request shall reasonably coordinate with Landlord and any other tenants not permit Tenant to withhold or delay payment of the Project that may be affected the need for such repairs or maintenance.
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 provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted Use.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to charges which have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
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. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs incurred by Landlord pursuant to this Article shall constitute Operating Expensesbilled. Notwithstanding the foregoing foregoing, if a discrepancy arises from said request and subject to the provisions of Section 23.7 hereofit is determined that Landlord has incorrectly billed for operating costs and overhead, to the extent that the cost of such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions exceeds the limits of any insurance maintained or Landlord will be required to be maintained by reimburse Tenant pursuant to this Lease but are covered by insurance maintained or required to be maintained by Landlord under this Lease, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice thereforfor said incorrect charges.
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Repairs and Maintenance. 18.1. Other than Condominium Common Areas located at the Property, if any, that are to be maintained by the Association pursuant to the Declaration (which, if Landlord controls the Association, Landlord shall cause the Association to maintain in accordance with the Declaration), 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; common fire sprinkler systems (if any); common heating, ventilating, air conditioning systems; common elevators; exterior windows, and common electrical systems.
18.28.01. Except for services of Landlordas expressly provided in Section 6.03 and except as set forth in Section 8.03, if any, required by Section 18.1 hereof, Tenant will take good care of the Premises and the fixtures and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvements, all so as to keep the Premises in a first class condition and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereof. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repair, subject to normal wear and tear (provided Tenant shall not be obligated to repaint the Premises during the last two (2) years of the Term, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant and consented to in writing by Landlord. Tenant shall, at Tenant’s expenseits own cost and expense (unless and to the extent necessitated by acts or omissions of Landlord occurring after the Commencement Date), (i) keep and maintain the Property in at least the same condition and repair as received as of the Commencement 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 under the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage not limited to the Premises or Building caused by roofs and structures of the misuse or neglect thereof buildings, the pipes, water, sewage and septic system, heating system, plumbing system, window glass, fixtures, and all 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, reasonable wear and tear and damage by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, fully insured casualty or invitees permitted or invited (whether by express or implied invitation) on condemnation excepted. Upon the Premises by Tenant, or by Tenant moving in or out failure of the Premises. Tenant shall be responsible for all janitorial service and trash removal from the Premises. Tenant covenants and agrees, at its sole cost and expense: (a) to comply with all present and future laws, orders and regulations of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s sole cost and expense, utilizing a contractor satisfactory to Landlord; and (e) that Tenant shall pay all costs, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with the provisions of this Section.
18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of in making such repairs or maintenance. In the event that replacements, Landlord timely may notify Tenant in writing and if Tenant fails to make a repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of correct such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contraryLandlord's notice, before performing any Landlord may, but shall not be required to, make such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenance.
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 provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted Use.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by for the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such servicesTenant's account, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
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 expense thereof, plus a fee equal to fifteen percent (15%) 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. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereof, to the extent that the cost of such repairs or replacements, shall constitute and maintenance caused by Tenant’s actsbe collectible as Additional Rent; provided, neglecthowever, fault or omissions exceeds in the limits event 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, then an emergency Landlord shall file a claim for have the right to perform such excess pursuant repair or maintenance prior to Landlord’s insurance and 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 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 deductible therefor 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 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 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 invoice thereforemergency Landlord shall have the right to perform such repair or maintenance prior to the 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 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 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.
Appears in 1 contract
Repairs and Maintenance. 18.1. Other than Condominium Common Areas located at the Property, if any, that are to be maintained by the Association pursuant Subject to the Declaration (which, if Landlord controls the Association, Landlord shall cause the Association to maintain limitations set forth in accordance with the Declaration)Section 16.9, Landlord shall repair and maintain the Common Area and the structural and exterior portions and Common Areas of the Building and the ProjectBuilding, including roofing and covering materials; foundationsfoundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; common fire sprinkler and life safety systems (if any); common heatingbase Building HVAC systems up to the first damper or isolation valve that serves the Premises (for purposes of clarity, ventilatingthe portion of the HVAC system that includes such first damper or isolation valve and extends into and through the Premises, air conditioning systemsand any supplemental HVAC serving the Premises including but not limited to any supplemental HVAC serving Tenant’s vivarium, 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); common the Generator, the Acid Neutralization Tank and associated monitoring system; elevators; exterior windows, and common all base Building electrical systems, in a first class manner comparable to other buildings in Cambridgeport, Cambridge, Massachusetts owned or operated by Landlord or its affiliates that are similar to the Building and operated and used for the same use as the Permitted Use.
18.2. Except for services of Landlord, if any, required by Section 18.1 hereof18.1, Tenant will take good care of the Premises and the fixtures and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvements, all so as to keep the Premises in a first class condition and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereof. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repair, subject to normal wear and tear (provided Tenant shall not be obligated to repaint the Premises during the last two (2) years of the Term, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons maintain and keep the Premises (including but not limited to the portion of the HVAC system that includes such first damper or contractors selected by Tenant isolation valve and consented 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 writing by good condition and repair, damage thereto from ordinary wear and tear excepted, and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, at Tenant’s expenseupon the expiration or sooner termination of the Term, but under surrender the direction of Landlord, by contractors selected by Premises to Landlord in as good a condition as existed when the Tenant and consented to in writing Improvements are finally completed by Landlord, promptly repair any injury or damage and with respect to Alterations, in substantially the Premises or Building caused by same condition as existed on the misuse or neglect thereof date such Alterations are substantially completed by Tenant, by Tenantordinary wear and tear excepted; and shall, at Landlord’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited request (whether by express or implied invitation) on written notice of which shall be provided in writing at least eight (8) months prior to the Premises by Tenant, or by Tenant moving in or out expiration of the Premises. Tenant shall be responsible for all janitorial service Term) and trash removal from the Premises. Tenant covenants and agrees, at its sole cost and expense: (a) to comply with all present and future laws, orders and regulations of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s sole cost and expense, utilizing a contractor satisfactory remove all telephone and data systems, wiring and equipment from the Premises, repair any damage to Landlord; 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 (e) that Tenant shall pay all costs, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with the provisions of this Sectionthe Work Letter or Section 4.1.
18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. In the event that Landlord timely fails Tenant waives its rights under Applicable Laws now or hereafter in effect to make a repair or perform maintenance inside the Premises that is repairs at Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenanceexpense.
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 Lease; provided that such entry does not materially adversely affect party makes all commercially reasonable efforts to avoid any interference or disruption of Tenant’s beneficial use and occupancy of the Premises for the Permitted Usebusiness.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
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.
18.718.6. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereof, to the extent that the cost of such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions 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, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice therefor.
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Sources: Lease (Intellia Therapeutics, Inc.)
Repairs and Maintenance. 18.1. Other than Condominium Common Areas located at (a) Manager shall maintain, or cause to be maintained, the buildings, appurtenances and grounds of the Property, if anyother than areas which are the responsibility of tenants, that are to be maintained by the Association pursuant to the Declaration (which, if Landlord controls the Association, Landlord shall cause the Association to maintain in accordance with the Declaration), Landlord standards for first-class retail properties and in accordance with standards acceptable to Owner. Such maintenance 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; common fire sprinkler systems (if any); common heating, ventilating, air conditioning systems; common elevators; exterior windows, and common electrical systems.
18.2. Except for services of Landlord, if any, required by Section 18.1 hereof, Tenant will take good care of the Premises and the fixtures and improvements therein (includinginclude, without limitation, all wallsordinary and extraordinary repairs, doorscleaning, ceilings painting, decorations and lighting fixtures) and all alterations including electrical, plumbing, mechanical carpentry, masonry, elevators and HVAC equipment exclusively serving such other routine repairs as are necessary or reasonably appropriate in the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions course of maintenance of the Building other than Property (subject to the Premiseslimitations of this Agreement). The expense incurred for such maintenance, will make alteration or repair must be
(ai) all repairs thereto an ordinary and usual expense provided for in the Approved Budget (excluding structural repairs unless caused by Tenant’s acts or omissions)as defined in Section 4.1) and which does not exceed the limitation set forth in the Approved Budget, whether foreseen or unforeseen, ordinary or extraordinary or
(but excluding repairs required ii) an expense which is incurred under such circumstances as a result of a casualty or condemnation, which Manager shall reasonably deem to be addressed in accordance with Sections 24 and 25 hereof), and an emergency.
(b) replacements If an emergency occurs, Manager shall make all repairs or take all action immediately necessary to preserve the Property, avoid suspension of any essential services to the Tenant Improvements, all so as to keep the Premises in a first class condition and state of repair, subject to normal wear and tearProperty, and will neither commit nor suffer avoid danger to persons or property. Manager promptly, but in no event later than twenty-four (24) hours from the time Manager learns of such emergency, shall notify Owner by telephone of any active or permissive waste or injury thereofsuch emergency. Tenant’s responsibilities Immediately thereafter, Manager shall include send Owner a written notice setting forth the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside nature of the Premises emergency and all improvementsany action taken in connection with the emergency. Except as set forth above with regard to emergencies, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repair, subject to normal wear and tear (provided Tenant Manager shall not be obligated make extraordinary or unusual expenses without Owner's prior consent.
(c) Manager shall use all due diligence to repaint the Premises during the last two (2) years of the Term, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant and consented to in writing by Landlord. Tenant shall, at Tenant’s expense, but under the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to the Premises or Building caused by the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out of the Premises. Tenant shall be responsible for all janitorial service and trash removal from the Premises. Tenant covenants and agrees, at its sole cost and expense: (a) require each tenant to comply with all present its obligations to maintain its respective leased premises pursuant to its lease. Manager shall pay actual and future laws, orders reasonable expenses for materials and regulations of labor for such purposes from the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; Operating Account.
(d) that Landlord reserves All expenditures to refurbish, rehabilitate, remodel, or otherwise prepare areas covered by new leases shall require Owner's prior consent and shall be paid as Owner may direct from funds provided by Owner or from the right Operating Account subject to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s sole cost and expense, utilizing a contractor satisfactory to Landlord; and the restriction set forth in Section 2.3.
(e) that Tenant Manager shall pay take all costsreasonable precautions against fire, expensesvandalism, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with the provisions of this Section.
18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. In the event that Landlord timely fails to make a repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period burglary and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section trespass to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenanceProperty.
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 provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted Use.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
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. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereof, to the extent that the cost of such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions 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, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice therefor.
Appears in 1 contract
Sources: Management and Leasing Agreement (Usf&g Legg Mason Realty Partners Limited Partnership)
Repairs and Maintenance. 18.1A. 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. Other than Condominium Common Areas located at 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 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 Propertyuseful-life of such replacements or improvements, and Lessee shall be obligated to Pay on a monthly basis, as additional rent, only the monthly-amortized amounts which coincide with the term of the Lease, including any extensions. Notwithstanding the foregoing, if anythe reason for any repair, that are 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 be maintained by remedy the Association pursuant to the Declaration (whichsame.
B. Except as expressly provided in Subparagraph A above, if Landlord controls the AssociationLessee shall, Landlord shall cause the Association to maintain in accordance with the Declaration)at its sole cost, Landlord shall repair keep 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; common fire sprinkler systems (if any); common heating, ventilating, air conditioning systems; common elevators; exterior windows, and common electrical systems.
18.2. Except for services of Landlord, if any, required by Section 18.1 hereof, Tenant will take good care of the entire Premises and the fixtures and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvements, all so as to keep the Premises in a first class condition and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury every part thereof. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, the windows, window frames, plate glass, glazing, truck doors, doors, all related linesdoor hardware, conduits, pipes, cabling, connections and the like, located outside interior of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repair, subject to normal wear and tear (provided Tenant shall not be obligated to repaint the Premises during the last two (2) years of the Term, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to timeinterior walls and partitions, and electrical, plumbing, fighting, heating, and air conditioning systems in good and sanitary order, condition, and repair. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant and consented to in writing by Landlord. Tenant Lessee shall, at Tenant’s all times during the Lease term and at his expense, but under the direction of Landlord, by contractors selected by Tenant and consented to have in writing by Landlord, promptly repair any injury or damage to the Premises or Building caused by the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out of the Premises. Tenant shall be responsible for all janitorial effect a service and trash removal from the Premises. Tenant covenants and agrees, at its sole cost and expense: (a) to comply with all present and future laws, orders and regulations of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s sole cost and expense, utilizing a contractor satisfactory to Landlord; and (e) that Tenant shall pay all costs, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with the provisions of this Section.
18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. In the event that Landlord timely fails to make a repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenance.
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 provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted Use.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
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. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereof, to the extent that the cost of such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions 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, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice therefor.contract
Appears in 1 contract
Sources: Assignment and Assumption of Lease (Brooktrout Technology Inc)
Repairs and Maintenance. 18.1. Other than Condominium Common Areas located Lessor shall, at Lessor’s expense, maintain the Propertyroof, if anygutters, that are to be maintained by the Association pursuant exterior walls (including painting), bearing walls, structural members, floor slabs, foundation, exterior water, sewer, and other utility lines up to the Declaration (whichpoint of entry to the buildings, if Landlord controls water, sewer, and utility lines within the Associationwalls or underground that a damaged where damage is not due to Tenant’s negligence, Landlord shall cause the Association to maintain in accordance with the Declaration), Landlord shall and major repair and maintain the structural and exterior portions and Common Areas or replacement of the Building and the Project, including roofing and covering materials; foundations; exterior walls; plumbing; common fire sprinkler systems (if any); common heating, ventilating, air conditioning systems; common elevators; exterior windowsHVAC equipment. Lessor’s obligation to repair shall arise only upon receipt of written notice from Tenant, and common electrical systems.
18.2. Except for services Lessor shall have a reasonable period of Landlord, if any, required by Section 18.1 hereof, Tenant will take good care time after receipt of the Premises such notice to commence and the fixtures and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvements, all so as to keep the Premises in a first class condition and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereofcomplete such repairs. Tenant’s responsibilities shall include be maintenance of ceilings, floor coverings, interior walls, light fixtures, doors & windows, and plumbing & electrical outside the maintenancewalls and above ground level, grounds, regular service of the HVAC equipment (excluding major repair or replacement), and replacement of all of any repairs due to the Tenant’s signage (both interior and exterior) and all other facilities and equipment negligence, or negligence of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repair, subject to normal wear and tear (provided Tenant shall not be obligated to repaint the Premises during the last two (2) years of the Term, as it may be extended). All building standard bulbs, tubes and lighting fixtures customers for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work Except for repairs and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant and consented to in writing by Landlord. which are the responsibility of Lessor under the provisions of this paragraph, Tenant shall, at Tenant’s Tenants expense, but under maintain the direction Leased Premises in good order and condition during the term of Landlordthis lease. Specifically, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to the Premises or Building caused by the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out of the Premises. Tenant shall be responsible for all janitorial service and trash removal from repair or replacement in the Premises. Tenant covenants and agrees, at its sole cost and expense: (a) to comply with all present and future laws, orders and regulations of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separationsame manner as a reasonably prudent owner, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s sole cost and expense, utilizing a contractor satisfactory to Landlord; and (e) that Tenant shall pay all costs, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with the provisions of this Section.
18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. In the event that Landlord timely fails to make a repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenance.
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 provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted Use.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included made without regard to the expiration date of this lease provided Tenant is notified in Common Expenses in accordance with writing by the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
18.6. This Article relates to repairs and maintenance arising in the ordinary course of operation within 90 days after expiration 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 Articlelease.
18.7. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereof, to the extent that the cost of such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions 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, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice therefor.
Appears in 1 contract
Repairs and Maintenance. 18.1Tenant to provide security and fire response contract for the entirety of the Premises by Tenant to provide phone line to monitor fire and security by . Other than Condominium Common Areas located at Tenant to replace all keys in spaces they occupy by . Tenant to check Ansul system for update Tenant to provide security deposit on January 1 2018. Tenant to provide proof of insurance on . Tenant to obtain of Certificate of Occupancy from City prior to occupancy. LANDLORD: Tucson Unified School District By: ▇▇▇▇▇▇ ▇▇▇▇▇▇ Director of Planning Services Date: TENANT: Flowers and Bullets Collective By: ▇▇▇▇ ▇▇▇▇▇▇▇▇, Member Date: By: ▇▇▇▇▇ ▇▇▇▇▇▇, Member Date: Tenant will be responsible for any costs to inspect, repair, maintain or replace the heating, air conditioning and fire protection systems and equipment (including fire sprinklers) serving the Premises, including the cost of a preventive maintenance contract providing for the regular inspection and maintenance of same. To meet these obligations, Tenant shall be responsible for obtaining an annual service contract to be approved by Landlord. The Service Contract shall, specifically, provide that the maintenance and testing of life safety equipment to comply with all City, State and Federal Codes, and that all Preventative Maintenance expectations of the Arizona School Facilities Board, for all portions of the Property, if any, that are met. Tenant shall provide an annual report to be maintained by Landlord of the Association pursuant same and will correct any deficiencies attributable to the Declaration (which, if Landlord controls occupancy of Tenant or resulting from inadequate routine maintenance during the Association, Landlord occupancy. Tenant shall cause the Association to maintain in accordance with the Declaration), 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; common fire sprinkler systems (if any); common heating, ventilating, air conditioning systems; common elevators; exterior windows, and common electrical systems.
18.2. Except also be responsible for services of Landlord, if any, required by Section 18.1 hereof, Tenant will take good care maintenance of the Premises to ensure they are reasonably weed and pest free, that the fixtures landscape is trimmed and improvements therein otherwise maintained, and that interiors are regularly cleaned, waxed, and otherwise maintained. The undersigned (the "Contractor"), ▇▇▇▇▇▇ agrees to protect, defend, indemnify and hold harmless , a(n) (the "Owner") and its successors in interest and assigns (collectively, the "Indemnitees"), the Indemnitees' members, managers, partners and affiliates, and each of their respective officers, agents, servants, employees and independent contractors from and against any and all loss, cost, expense, liability, damage, claim and demand incurred in connection with, or arising from, any cause relating to the performance of ANY WORK DONE IN THE BUILDING by the Contractor, or its agents, servants, or employees (collectively, the "Contractor's Agents"), including, without limitationlimiting the generality of the foregoing, all wallsany default in the observance or performance of any of the terms, doorscovenants or conditions of the Contract (as hereinafter defined), ceilings any injury to persons, including death, or damage to property in connection with the performance of the Contract, or any acts, omissions or negligence of Contractor or Contractor's Agents or any person claiming by, through or under Contractor or Contractor's Agents. Contractor hereby agrees that Contractor shall, at Contractor's sole cost and lighting fixtures) expense, defend any and all electrical, plumbing, mechanical actions brought against Indemnitees based upon any of the foregoing with attorneys reasonably acceptable to Owner and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems shall pay any and all electrical, plumbing, mechanical costs and HVAC equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed expenses incurred in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvements, all so as to keep the Premises in a first class condition and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereof. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installationssuch actions, including, without limitation, all related linescourt costs and professional fees such as appraisers', conduitsaccountants', pipesand attorneys' fees, cabling, connections and promptly discharge any judgments arising therefrom. This covenant by Contractor shall survive the expiration or sooner termination of the Contract and the likelease in connection with which Contractor performed the Contract. Indemnitees, located outside their members, managers, partners and affiliates and each of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repair, subject to normal wear and tear (provided Tenant shall not be obligated to repaint the Premises during the last two (2) years of the Term, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant and consented to in writing by Landlord. Tenant shall, at Tenant’s expense, but under the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to the Premises or Building caused by the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licenseestheir respective officers, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenantservants, or by Tenant moving in or out of the Premises. Tenant shall be responsible for all janitorial service employees and trash removal from the Premises. Tenant covenants and agrees, at its sole cost and expense: (a) to comply with all present and future laws, orders and regulations of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s sole cost and expense, utilizing a contractor satisfactory to Landlord; and (e) that Tenant shall pay all costs, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with the provisions of this Section.
18.3. Landlord independent contractors shall not be liable for any failure damage either to make person, including death, or property, which is sustained by Contractor or Contractor's Agents or by any repairs other person or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord entity claiming through Contractor or Contractor's Agents in connection with written notice Contractor's or Contractor's Agents' performance of the need of such repairs Contract or maintenanceany subcontracted operations. In the event that Landlord timely fails Contractor hereby agrees to make a repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenance.
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 provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted Use.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
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. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to insert the provisions of Section 23.7 hereof, the preceding sentence in any subcontract relating to the extent Owner's property. Contractor hereby further agrees that Contractor will perform the cost work and services in connection with the Contract as an independent contractor and not as an employee or agent of such repairs and maintenance caused by Tenant’s actsIndemnitees. As used herein, neglectthe term "Contract" shall include any agreement, fault whether oral or omissions exceeds the limits of written, relating to any insurance maintained or work performed and/or required to be maintained performed by Tenant pursuant Contractor or Contractor's Agents with respect to this Lease but are covered by insurance maintained or required to be maintained by Landlord under this Lease, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice thereforleased premises.
Appears in 1 contract
Sources: Lease Agreement
Repairs and Maintenance. 18.1. Other than Condominium Common Areas located at the Property, if any, that are to be maintained by the Association pursuant to the Declaration (which, if Landlord controls the Association, Landlord shall cause the Association to maintain in accordance with the Declaration), Landlord shall repair and maintain in good condition the structural and exterior portions and Common Areas of the Building Building, and the Project, including roofing and covering materials; foundations; exterior walls; plumbing; common fire sprinkler systems (if any); common heating, ventilating, air conditioning HVAC systems; common elevators; exterior windows, and common electrical systems.systems installed or furnished by Landlord. SMRH:418641349.9 28
18.2. Except 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 hereof18.1, Tenant will take good care of the Premises and the fixtures and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvements, all so as to keep the Premises in a first class condition and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereof. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repair, subject to normal wear and tear (provided Tenant shall not be obligated to repaint the Premises during the last two (2) years of the Term, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant maintain and consented to keep the Premises and every part thereof in writing by Landlordgood condition and repair, damage thereto from ordinary wear and tear excepted. Tenant shall, at Tenant’s expenseupon the expiration or sooner termination of the Term, but under the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to surrender the Premises or Building caused by to Landlord in as good a condition as when received, ordinary wear and tear excepted and with the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on Tenant Improvements in substantially the Premises by Tenant, or by Tenant moving in or out same condition as existed upon Substantial Completion of the Premises. Tenant shall be responsible for all janitorial service Improvements; and trash removal from the Premises. Tenant covenants and agreesshall, at its sole cost and expense: (a) to comply with all present and future laws, orders and regulations of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort request and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s sole cost and expense, utilizing remove all telephone and data systems, wiring and equipment from the Premises (with respect to wiring, only to the extent installed by a contractor satisfactory Tenant Party (as defined below)), and repair any damage to Landlord; 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 (e) that Tenant shall pay all costs, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with the provisions of this Sectionthe Work Letter.
18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. In the event that Landlord timely fails Tenant waives its rights under Applicable Laws now or hereafter in effect to make a repair or perform maintenance inside the Premises that is repairs at Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenanceexpense.
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 provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted UseLease.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
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.
18.718.6. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and , subject to the provisions of Section 23.7 hereof, to the extent that the cost Article 9 of such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions 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, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice therefor.
Appears in 1 contract
Sources: Lease (Affymetrix Inc)
Repairs and Maintenance. 18.1Section 1. Other than Condominium Common Areas located at Landlord shall keep the Propertyfoundations, exterior walls (except plate glass or other special breakable materials used in structural portions), and roofs of all of the Buildings in good repair, and if anynecessary or required by proper governmental authority, that are make modifications or replacements thereof (subject to be maintained Tenant reimbursing the Landlord for Tenant’s Proportionate Share of all such cost incurred by the Association Landlord pursuant to Article 4 of this Lease).
Section 2. Tenant shall keep the Declaration (whichLeased Premises in good, if Landlord controls the Associationclean, Landlord shall cause the Association to maintain safe and habitable condition, ordinary wear and tear excepted, in accordance with all applicable laws, ordinances, rules, requirements and regulations of all governmental authorities and agencies having jurisdiction over the Declaration), Landlord shall repair and maintain the structural and exterior portions and Common Areas Leased Premises with respect to Tenant’s particular manner of use of the Building Leased Premises. Tenant shall, at its sole cost and expense, subject to the Project, including roofing and covering materials; foundations; exterior walls; plumbing; common fire sprinkler systems (if any); common heating, ventilating, air conditioning systems; common elevators; exterior windows, and common electrical systems.
18.2. Except for services prior written consent of Landlord, if anyas described in Article 25, Section 17 of this Lease, make all needed repairs and replacements, except for repairs and replacements required to be made by Landlord under the provisions of Section 18.1 hereof1 of this Article. Without limiting the foregoing, Tenant will take good care of the Premises and the fixtures and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvements, all so as to keep the Premises in a first class condition and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereof. Tenantit is understood that ▇▇▇▇▇▇’s responsibilities shall therein include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvementswindow coverings, systemslighting, equipmentplumbing, and other installationselectrical, includingmechanical and electromotive equipment which exclusively serve the Leased Premises, without limitation, and fixtures and all related linesutility repairs in ducts, conduits, pipespipes and wiring, cablingand any sewer stoppage located in, connections under and above the likeLeased Premises, located outside but not any lines, ducts, conduits, pipes and wiring prior to the point of entry to the Leased Premises. Tenant shall, at its own cost and expense, promptly replace with glass of the Premises that were installed same quality, any cracked or broken glass including plate glass and any interior and exterior windows and doors in the Leased Premises, but not glass or other special breakable materials used in structural portions. If specifically required by Landlord, Tenant shall maintain a policy or policies of insurance in acceptable companies insuring Landlord and Tenant, as their interests may appear, against breakage of all such glass in the Leased Premises. If any repairs required to be made by Tenant under this Section 2 are not made within thirty (30) days after written notice is delivered to Tenant by Landlord, Landlord may, at its option, make such repairs without liability to Tenant for any loss or installed damage which may result to its stock or business by reason of such repairs; and Tenant shall pay to Landlord exclusively for Tenant upon demand, the cost of such repairs pursuant to Article 18, Section 4 of this Lease.
Section 3. Tenant’s responsibilities Notwithstanding any provision of this Lease to the contrary, Tenant shall, at its own cost and expense, be responsible for performing maintenance and repairs to the heating, ventilating and air conditioning system (HVAC) exclusively serving the Leased Premises in conjunction therewith order to keep and maintain the HVAC system in good condition and repair. This shall also include, but not be limited to, the regular painting quarterly maintenance. Quarterly maintenance for purposes of this paragraph shall mean: inspection, changing filters and decorating of the Premises so as to maintain the Premises in belts, and adjustments or maintenance that would generally be covered by a first-class condition and state of repair, subject to normal wear and tear (provided Tenant shall not be obligated to repaint the Premises during the last two (2) years of the Term, as it may be extended)mechanical maintenance service contract. All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant and consented to in writing by Landlord. Tenant shall, at Tenant’s expense, but under the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to the Premises or Building caused by the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out of the Premises. Tenant shall be responsible for all janitorial service replacing the HVAC system if replacement becomes necessary during the Lease Term, or any HVAC repair which exceeds $500.00. Upon request of the Tenant, Landlord shall assign to Tenant any warranties given to Landlord for said HVAC system. If Tenant fails to perform its obligations under this Section 3, Landlord may, after 30 days notice to Tenant and trash removal from the Premises. Tenant covenants and agreesopportunity to cure, at its sole cost and expense: (a) to comply with all present and future laws, orders and regulations of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves option, enter upon the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s sole cost and expense, utilizing a contractor satisfactory to Landlord; and (e) that Tenant shall pay all costs, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with the provisions of this Section.
18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. In the event that Landlord timely fails to make a repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenance.
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 Leased 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 that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted Use.
18.5hereunder. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible pay to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All servicesAdditional Rent, maintenancewithin five (5) days after demand therefore, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by Landlord in performing Tenant’s obligations. Landlord warrants and represents that the Association or its agents HVAC and all mechanical, electrical and plumbing systems in the performance of such services, maintenance, repairs and replacements Leased Premises shall be included in Common Expenses in accordance with good working order as of the Declaration Commencement Date. In addition, Landlord warrants and Tenant shall be responsible represents to pay its Pro Rata Share of such amounts as knowledge there are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
18.6. This Article relates to repairs and maintenance arising no hazardous substances existing in the ordinary course of operation of Leased Premises on the Building and the ProjectCommencement Date. In the event hazardous substances are ever discovered in the Leased Premises and the same were present therein as 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. Unless otherwise expressly excluded from Operating Expenses pursuant date Landlord delivered possession thereof to the terms hereof, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereof, to the extent that the cost of such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions 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, then Landlord shall file immediately, at its sole cost, remove such hazardous substances from the Leased Premises and restore the Leased Premises, including ▇▇▇▇▇▇’s decor, to the condition existing therein immediately prior to such removal. For purposes of this Section, a claim for such excess pursuant to Landlord’s insurance and Tenant material, product, substance or condition shall reimburse Landlord for be considered hazardous if its presence in the deductible therefor within thirty (30) days after receipt Leased Premises is in violation of an invoice thereforany applicable environmental statute, regulation or ordinance.
Appears in 1 contract
Repairs and Maintenance. 18.1. Other than Condominium Common Areas located at the Property, if any, that are to be maintained by the Association pursuant to the Declaration (which, if Landlord controls the Association, Landlord shall cause the Association to maintain in accordance with the Declaration), 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; common fire sprinkler systems (if any); common heating, ventilating, air conditioning systems; common elevators; exterior windows, and common electrical systems.
18.2. Except for services of Landlord, if any, required by Section 18.1 hereof, Tenant will take good care of the Premises and the fixtures and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvements, all so as to keep the Premises in a first class condition and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereof. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repair, subject to normal wear and tear (provided Tenant shall not be obligated to repaint the Premises during the last two (2) years of the Term, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant and consented to in writing by Landlord. Tenant shall, at Tenant’s expense, but under the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to the Premises or Building caused by the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out of the Premises. Tenant shall be responsible for all janitorial service and trash removal from the Premises. Tenant covenants and agrees, at its sole cost expense without reimbursement or contribution by Landlord, to keep and expense: maintain all improvements on the Demised Premises, including, without limitation, the foundations, exterior paint, plumbing system, electrical system, utility lines and connections to the Demised Premises, sprinkler mains, if any, structural systems (aincluding, without limitation, the roof, roof membrane roof covering [including interior ceiling if damaged by leakage] and load-bearing walls and floor slabs and masonry walls) in good condition and repair. In the event the Demised Premises become or are out of repair and not in good condition due to comply with all present and future laws, orders and regulations the failure of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s sole cost and expense, utilizing a contractor satisfactory to Landlord; and (e) that Tenant shall pay all costs, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with the provisions terms of this Section.
18.3. Landlord shall Article 7 and if any and all repairs necessary to restore the Demised Premises to a state of good condition and repair are not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time completed within ten (10) days after Tenant provides Landlord with has received written notice of the need such state of disrepair or if such repairs or maintenance. In the event that Landlord timely fails to make a repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such ten (10) day period and diligently prosecutes the same Tenant shall fail to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same commence such repairs within thirty ten (3010) days after receipt notice and proceed diligently thereafter, then Landlord may either (i) terminate this Lease immediately upon delivery of an invoice from written notice to Tenant therefor. Notwithstanding anything in this Section or (ii) prosecute such repairs itself and add the reasonable cost of such repairs to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord next maturing monthly installment of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenance.
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 provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted Use.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
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. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs incurred by Landlord pursuant to this Article shall constitute Operating ExpensesRent due hereunder. Notwithstanding the foregoing in the case of an emergency, Landlord shall have the right to prosecute immediately any and subject all necessary repairs and shall deliver contemporaneous notification to Tenant of the provisions of Section 23.7 hereof, to emergency and related repairs and add the extent that the reasonable cost of such repairs and maintenance caused by Tenant’s actsto the next maturing monthly installment of Rent due hereunder; provided further that if contemporaneous notice is not practicable, neglect, fault or omissions 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 as determined by Landlord under this Leasein its sole judgment, then Landlord shall file a claim provide such notice as soon thereafter as reasonably practicable. Upon termination of this Lease for such excess pursuant to Landlord’s insurance and any reason, Tenant shall reimburse return the Demised Premises to Landlord for in substantially the deductible therefor within thirty (30) days after receipt of an invoice thereforsame condition it is in on the date hereof, ordinary wear and tear excepted.
Appears in 1 contract
Repairs and Maintenance. 18.117.1. Other than Condominium Common Areas located at the Property, if any, that are to be maintained by the Association pursuant to the Declaration (which, if Landlord controls the Association, Landlord shall cause the Association to maintain in accordance with the Declaration), Landlord shall repair and maintain the structural and exterior portions and Common Areas Area of the Building and the ProjectProperty, including roofing and covering materials; foundationsfoundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; common fire sprinkler systems (if anybut excluding sprinkler heads which must be maintained by Tenant); common heating, ventilating, base building HVAC systems (but excluding air conditioning systemshandlers exclusively serving the Premises which must be maintained by Tenant); common elevators; exterior windows, and common electrical systemssystems installed or furnished by Landlord.
18.217.2. Except for services of Landlord, if any, required by Section 18.1 17.1 hereof, Tenant will take good care of the Premises and the fixtures and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises)) and all sprinkler heads located in the Premises, will make (a) all repairs and replacements thereto (excluding structural repairs and replacements, unless caused by Tenant▇▇▇▇▇▇’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnationextraordinary, which shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvements, all so as to keep the Premises in a first class condition and state of repair, subject to normal reasonable wear and teartear excepted, and will neither commit nor suffer any active or permissive waste or injury thereof, and shall, within fifteen (15) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant as part of the Tenant Improvements or otherwise pursuant to this Lease. Landlord will maintain any Building standard air handler or Building standard condenser that exclusively serves the Premises (but any specialty equipment, such as Liebert type units and HEPA filtration units, shall remain Tenant’s responsibility) and sprinkler heads located in the Premises, but Tenant shall be solely responsible for the cost thereof as Additional Rent. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the cleaning of window coverings, mini-blinds and shades, the shampooing and re-stretching of carpet, and the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repair, subject to normal wear and tear (provided Tenant shall not be obligated to repaint the Premises during the last two (2) years of the Term, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord Tenant at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant ▇▇▇▇▇▇ and consented to in writing by Landlord. Tenant shall, at Tenant’s expense, but under the direction of Landlord, by contractors selected by Tenant ▇▇▇▇▇▇ and consented to in writing by Landlord, promptly repair any injury or damage to the Premises or Building caused by the misuse or neglect thereof by Tenant, by Tenant▇▇▇▇▇▇’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out of the Premises. Tenant shall be responsible for all janitorial service and service, trash removal and biological and hazardous waste removal (if applicable) from the Premises. Tenant covenants and agrees, at its sole cost and expense: (a) to comply with all present and future laws, orders and regulations of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by lawApplicable Laws or Landlord’s sustainability practices, and to require Tenant to arrange for such collection at Tenant’s sole cost and expense, utilizing a contractor satisfactory to Landlord; and (e) that Tenant shall pay all costs, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with the provisions of this Section.
18.317.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord▇▇▇▇▇▇▇▇’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. In the event that Landlord timely fails Tenant waives its rights under Applicable Laws now or hereafter in effect to make a repair or perform maintenance inside the Premises that is repairs at Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenanceexpense.
18.417.4. 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 provided that such entry does not materially adversely affect Lease.
17.5. Landlord shall clean the exterior of the exterior windows of the Building no more than two (2) times per year. Tenant, at Tenant’s beneficial use sole cost and occupancy of the Premises for the Permitted Use.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declarationexpense, the Association, and not Landlord, is shall be responsible for the maintenance, repair and replacement regular cleaning of the Condominium (other than the Units) and the Condominium Common Areas. The cost interior of the foregoing items shall be included in Common Expenses in accordance exterior windows and any interior windows consistent with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Tenant’s obligations under Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof17.2.
18.617.6. This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the ProjectProperty. In the event of a casualty described in Article 2423, Article 24 23 shall apply in lieu of this Article. In the event of eminent domain, Article 25 24 shall apply in lieu of this Article.
18.717.7. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereofforegoing, to the extent that the cost of such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions 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, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor any increase in premium resulting from such claim within thirty (30) days after receipt of an invoice therefor.
Appears in 1 contract
Sources: Lease (Carisma Therapeutics Inc.)
Repairs and Maintenance. 18.1. Other than Condominium Common Areas located at the Property, if any, that are to be maintained by the Association pursuant to the Declaration (which, if Landlord controls the Association, Landlord shall cause the Association to maintain in accordance with the Declaration), 18.1 Landlord shall repair and maintain the structural and exterior portions and Common Areas Area of the Building and the Project, including roofing and covering materials; foundationsfoundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; common fire sprinkler systems (if any); common heatingbase Building HVAC systems (for purposes of clarity, ventilating, air conditioning systemsany 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); common elevators; exterior windows, and common base Building electrical systemssystems installed or furnished by Landlord.
18.2. 18.2 Except for services of Landlord, if any, required by Section 18.1 hereof18.1, and subject to Landlord’s obligations under this Lease, Tenant will take good care of the Premises and the fixtures and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvements, all so as to keep the Premises in a first class condition and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereof. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repair, subject to normal wear and tear (provided Tenant shall not be obligated to repaint the Premises during the last two (2) years of the Term, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons maintain and keep the Premises (including any supplemental HVAC serving the Premises, and any other Tenant systems or contractors selected by Tenant equipment exclusively serving the Premises) and consented every part thereof in good condition and repair, damage thereto from ordinary wear and tear or from casualty and condemnation excepted (subject to in writing by the terms of Sections 24 and 25 below), and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, at Tenant’s expenseupon the expiration or sooner termination of the Term, but under surrender the direction of LandlordPremises to Landlord in as good a condition as when received, ordinary wear and tear and damage by contractors selected by Tenant casualty and consented to in writing by Landlord, promptly repair any injury or damage condemnation excepted (subject to the Premises or Building caused by terms of Sections 24 and 25 below) and with the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) Tenant Improvements in substantially the same condition as existed on the Premises by Tenant, or by Tenant moving in or out of the Premises. Tenant shall be responsible for all janitorial service Term Commencement Date; and trash removal from the Premises. Tenant covenants and agreesshall, at its sole cost and expense: (a) to comply with all present and future laws, orders and regulations of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort request and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s sole cost and expense, utilizing remove all telephone and data systems, wiring and equipment from the Premises (with respect to wiring, only to the extent installed by a contractor satisfactory Tenant Party (as defined below)), and repair any damage to Landlord; and (e) that Tenant the Premises caused thereby. Landlord shall pay all costshave no obligation to alter, expensesremodel, finesimprove, penalties repair, decorate or damages that may be imposed on Landlord paint the Premises or Tenant by reason of Tenant’s failure to comply with the provisions of this Sectionany part thereof.
18.3. 18.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless 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. In the event that Landlord timely fails to make a repair , or perform maintenance inside the Premises that is (b) such failure arises from Landlord’s obligation pursuant 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, Tenant may notify and Landlord of shall use reasonable good faith efforts to undertake such failure and, if Landlord does not make the repair maintenance or perform the maintenance within thirty (30) days repairs as soon as reasonably possible after Landlord’s receipt of such notice (or, if such repair notice. Tenant waives its rights under Applicable Laws now or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same hereafter in effect to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such make repairs or maintenance, Tenant shall notify Landlord of Tenantat Landlord’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenanceexpense.
18.4. 18.4 If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises 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 that such entry does not materially adversely affect Lease; subject to compliance with Tenant’s beneficial reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use and occupancy of the Premises for the Permitted UsePremises.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
18.6. 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.
18.7. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs 18.6 Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and , subject to the provisions exclusions set forth in Section 9.1(c).
18.7 Notwithstanding anything to the contrary in this Lease, in the event of Section 23.7 hereofemergency that results in an interruption in services to the Premises that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (48) hours after written notice from Tenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall have the right, but not the obligation, to take such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7. Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions exceeds the limits of any insurance maintained or required to be maintained work performed by Tenant pursuant to this Lease but are covered by insurance maintained or required to be maintained by Landlord under this Lease, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor Section within thirty (30) days after receipt of an invoice thereforinvoice.
Appears in 1 contract
Repairs and Maintenance. 18.1. Other than Condominium Common Areas located at the Property, if any, that are to be maintained by the Association pursuant to the Declaration (which, if Landlord controls the Association, Landlord shall cause the Association to maintain in accordance with the Declaration), 18.1 Landlord shall repair and maintain (a) the structural and exterior portions and Common Areas of the Building and the Project, including roofing and covering materials; , foundations; , and exterior walls; plumbing; common fire sprinkler systems (if any); common heating, ventilating, air conditioning systems; common elevators; exterior walls and windows, (b) the life-safety sprinklers and common electrical systemsfire 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. 18.2 Except for services of Landlord, if any, required by Section 18.1 hereof18.1, Tenant will take good care of the Premises and the fixtures and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvements, all so as to keep the Premises in a first class condition and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereof. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repair, subject to normal wear and tear (provided Tenant shall not be obligated to repaint the Premises during the last two (2) years of the Term, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant maintain and consented to keep the Premises and every part thereof in writing by Landlordgood condition and repair, damage thereto from ordinary wear and tear excepted. Tenant shall, at Tenant’s expenseupon the expiration or sooner termination of the Term, but under the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to surrender the Premises or Building caused by the misuse or neglect thereof by Tenantto Landlord in as good a condition as when received, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out of the Premises. Tenant shall be responsible for all janitorial service ordinary wear and trash removal from the Premises. Tenant covenants and agrees, at its sole cost and expense: (a) to comply with all present and future laws, orders and regulations of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s sole cost and expense, utilizing a contractor satisfactory to Landlord; and (e) that Tenant shall pay all costs, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with the provisions of this Sectiontear excepted.
18.3. 18.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice, of which electronic notice in accordance with Section 39 below shall be acceptable, of the need of such repairs or maintenance. In the event that Landlord timely fails to make a repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to Except as otherwise expressly provided in this Lease, Tenant may notify Landlord of such failure and, if Landlord does not waives its rights under Applicable Laws now or hereafter in effect to make the repair or perform the maintenance within thirty (30) days after repairs at Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenanceexpense.
18.4. 18.4 If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises 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 Lease. Notwithstanding the foregoing, no such excavation shall occur that such entry does not materially may adversely affect Tenant’s beneficial use and occupancy Permitted Use of the Premises for the Permitted UsePremises.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
18.6. 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.
18.7. Unless otherwise 18.6 Except where expressly excluded from Operating Expenses pursuant to the terms hereofunder Section 9.1(a) above, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. .
18.7 Notwithstanding the foregoing and subject anything to the provisions contrary in this Lease, in the event that (a) a component of Section 23.7 hereofa 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 such item, a “Required Capital Replacement”), 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 extent that located in the cost of such repairs Building: (a) HVAC, (b) elevators, (c) plumbing, mechanical and electrical systems and (d) fire and life safety systems. Except as otherwise expressly set forth in this Section 18.7, nothing in this Section 18.7 shall modify or amend Tenant’s obligations under this Lease with respect to the repair and maintenance caused by Tenant’s acts, neglect, fault or omissions exceeds of 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, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice thereforPremises.
Appears in 1 contract
Sources: Lease (Glycomimetics Inc)
Repairs and Maintenance. 18.1. Other than Condominium Common Areas located FOUNDATION shall, at FOUNDATION’s sole cost and expense and to CITY’s satisfaction, maintain the PropertyPremises, if any, that are to be maintained by the Association pursuant to the Declaration (which, if Landlord controls the Association, Landlord shall cause the Association to maintain in accordance with the Declaration), Landlord shall same or better order and 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; common fire sprinkler systems (if any); common heating, ventilating, air conditioning systems; common elevators; exterior windows, and common electrical systems.
18.2. Except for services of Landlord, if any, required by Section 18.1 hereof, Tenant will take good care of the Premises and the fixtures and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvements, all so as to keep the Premises in a first class safe, healthy and sanitary condition and state at all times during the Term of repairthis Agreement, subject to normal and ordinary wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereof. Tenant’s responsibilities shall include tear resulting from the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside use of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this LeaseAgreement. Tenant’s responsibilities in conjunction therewith FOUNDATION shall also include, but not be limited to, the regular painting and decorating of the Premises so as to maintain the Premises in a first-class manner consistent with other similar facilities in the San Diego County area. FOUNDATION shall keep the Premises free and clear of rubbish, debris and litter at all times. FOUNDATION shall be responsible for maintaining the exterior of the building, landscaping, walkways, within designated Premises. 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 required to perform or assume the cost of any maintenance, repairs, or services to the Premises except that specifically set forth in this Agreement as CITY obligations. The 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 limited to changing light bulbs, unclogging drains, painting interior walls, and state cleaning of repairfloor coverings, subject to normal and ordinary wear and tear (provided Tenant shall not be obligated to repaint resulting from its use of the Premises during the last two (2) years of the Term, as it may be extended)pursuant to this Agreement. All building standard bulbs, tubes and lighting fixtures for FOUNDATION shall keep the Premises shall be provided free from waste and installed by Landlord at Tenant’s cost keep the interior free from rodents, roaches and expense other pests which may damage the park and must comply with Landlord’s sustainability practices, including any third-party rating system concerning various improvements located upon the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work Premises in good faith and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant and consented to in writing by Landlord. Tenant shall, at Tenant’s expense, but under the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to the Premises or Building caused by best of its ability. FOUNDATION must obtain all required permits for appropriate handling of chemical applications to the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out interior of the Premises. Tenant shall Exterior chemical applications will be responsible for all janitorial service and trash removal from the Premises. Tenant covenants and agrees, at its sole cost and expense: (a) to comply with all present and future laws, orders and regulations of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy arranged through CITY as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s sole cost and expense, utilizing a contractor satisfactory to Landlord; and (e) that Tenant routine park maintenance operations. CITY shall pay all costs, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with the provisions of this Section.
18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written provide 10-day notice of the need of such repairs or maintenance. In the event that Landlord timely fails any chemical applications to make a repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenanceFOUNDATION.
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 provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted Use.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
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. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereof, to the extent that the cost of such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions 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, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice therefor.
Appears in 1 contract
Sources: License Agreement
Repairs and Maintenance. 18.1. Other than Condominium Common Areas located at the Property, if any, that are to be maintained by the Association pursuant to the Declaration (which, if Landlord controls the Association, Landlord shall cause the Association to maintain in accordance with the Declaration), 18.1 Landlord shall repair and maintain the structural and exterior portions and Common Areas of the Building and the Project, including foundations, exterior walls, load bearing walls, windows, plate glass, roofing, and roofing and covering materials; foundations; exterior walls; , and plumbing; common , fire sprinkler systems (if any); common system, heating, ventilating, air conditioning systems; common elevators; exterior windowsconditioning, elevator, telecommunications and common electrical systems.
18.2. Except for services of Landlord, if any, required systems installed or furnished by Section 18.1 hereof, Tenant will take good care Landlord (and not part of the Premises and the fixtures and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving installed in the Premises (but excluding all common utilities and common HVAC systems and all electricalby or for Tenant, plumbing, mechanical and HVAC equipment serving portions of or the Building other than tenant improvements installed inside the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused Premises by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and 25 hereoffor the previous tenant), and (b) replacements to including the Tenant Improvementsdeionized water loop, all so as to keep air compressor, vacuum and other systems shared with other tenants of the Premises in a first class condition and state of repairProject, subject to normal wear and tearreimbursement by Tenant as its Pro Rata Share of Operating Expenses to the extent provided by Article 7. However, and will neither commit nor suffer if such maintenance or repairs are required because of any active act, neglect, fault of or permissive waste omissions of any duty by Tenant, its agents, servants, employees, contractors or injury thereof. Tenant’s responsibilities invitees, Tenant shall include pay to Landlord upon demand the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside costs of the Premises entirety of such maintenance and all improvementsrepairs attributable to such act, systemsneglect, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises that were installed by Tenant fault or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repairomission, subject to normal wear and tear (provided Tenant shall not be obligated to repaint the Premises during the last two (2) years of the Termcredit for any insurance proceeds recovered on account thereof.
18.2 Except as otherwise set forth in Section 18.1, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant and consented to in writing by Landlord. Tenant shall, at Tenant’s expensethroughout the term of this Lease, but under the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to the Premises or Building caused by the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out of the Premises. Tenant shall be responsible for all janitorial service and trash removal from the Premises. Tenant covenants and agrees, at its sole cost and expense: (a) to comply with all present and future laws, orders and regulations of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s sole cost and expense, utilizing a contractor satisfactory keep the Premises and every part thereof in the same condition and repair as delivered to Landlord; Tenant, including plumbing, fire sprinkler, heating, ventilating, air conditioning, elevator, and (e) that electrical systems installed as part of improvements installed in the Premises by or for Tenant and tenant improvements installed inside the Premises by or for the previous tenant. Tenant shall pay all costsupon the expiration or earlier termination of the term hereof surrender the Premises to Landlord in the same condition as when received (together with the Tenant Improvements and any subsequent improvements made by Tenant, expensesand any improvements installed in the Premises by or for any previous tenant of the Premises), finesordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as set forth in this Lease, penalties Landlord shall have no obligation to alter, remodel, improve, repair, decorate or damages that may paint the Premises or any part thereof.
18.3 Except as provided in Section 16.2, there shall be imposed on no abatement of Rent and no liability of Landlord or Tenant by reason of any injury to or interference with Tenant’s failure business arising from the making of any repairs, alterations or improvements in or to comply with any portion of the provisions Premises, Building or Project, or in or to improvements, fixtures, equipment and personal property therein. If repairs or replacements become necessary which by the terms of this Section.
18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after are the responsibility of Tenant provides Landlord with written notice of the need of such repairs or maintenance. In the event that Landlord timely and Tenant fails to make a repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs or maintenancereplacements, Tenant shall notify Landlord of Tenant’s intent to may do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenance.
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 provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted Use.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
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. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereof, to the extent that the cost of such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions 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, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice therefor24.3.
Appears in 1 contract
Sources: Lease (Acucela Inc)
Repairs and Maintenance. 18.1. Other than Condominium Common Areas located at the Property, if any, that are to be maintained by the Association pursuant to the Declaration (which, if Landlord controls the Association, Landlord shall cause the Association to maintain in accordance with the Declaration), 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; common fire sprinkler systems (if any); common heating, ventilating, air conditioning systems; common elevators; exterior windows, and common electrical systems.
18.2. Except for services of Landlord, if any, required by Section 18.1 hereof, Tenant will take good care of the Premises and the fixtures and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvements, all so as to keep the Premises in a first class condition and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereof. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repair, subject to normal wear and tear (provided Tenant shall not be obligated to repaint the Premises during the last two (2) years of the Term, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant and consented to in writing by Landlord. Tenant shall, at 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 of this Lease, preserving the effectiveness of any material warranties relating thereto, and will make all capital and noncapital, structural and non-structural, foreseen and unforeseen, ordinary and extra-ordinary repairs, in compliance with Applicable Laws. The parties shall arrange an annual inspection by Landlord’s representatives to review compliance with Tenant’s expense, but under the direction of Landlord, by contractors selected by Tenant and consented obligations hereunder. If any building system or component currently in use shall become obsolete to in writing by Landlord, promptly repair any injury or damage to a degree that it is no longer necessary for the Premises to function properly (and another system or Building caused by the misuse or neglect thereof by component has not become necessary in replacement therefore), Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out of the Premises. Tenant shall be responsible for all janitorial service and trash removal from the Premises. Tenant covenants and agrees, at its sole cost and expense: , may remove such item from the Premises and shall not be obligated to replace the same. Notwithstanding the foregoing, it is intended by the parties that Landlord shall have no obligation to repair or maintain the Premises (a) to comply with all present and future lawsor any equipment therein), orders and regulations of the Federal, State, county, municipal whether ordinary or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); extraordinary.
(b) to comply with Landlord’s recycling policy as part Upon the expiration of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s sole cost and expense, utilizing a contractor satisfactory to Landlord; and (e) that Tenant shall pay all costs, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with the provisions Term of this Section.
18.3. Landlord shall not be liable for any failure to make any repairs Lease or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice earlier termination of the need of such repairs or maintenance. In the event that Landlord timely fails to make a repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to this Lease, Tenant may notify will also provide Landlord with copies of such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything any operating manuals in this Section to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent possession relating to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenance.
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 provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted Use.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Unitsi) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
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. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereof, to the extent that the cost of such repairs and maintenance caused by Tenant’s actssame is then located in the Premises, neglect, fault or omissions exceeds any new equipment added to the limits of any insurance maintained or required to be maintained Premises by Tenant pursuant after the Commencement Date and (ii) to this Lease but are covered by insurance maintained or required the extent the same is then located in the Premises, replacement equipment added to be maintained by Landlord under this Leasethe Premises after the Commencement Date, as well as (iii) updates and supplements to any such operating manuals relating to equipment then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and located on the Premises. Tenant shall reimburse Landlord for not install any underground storage tank on the deductible therefor within thirty (30) days after receipt of an invoice thereforLand.
Appears in 1 contract
Repairs and Maintenance. 18.1. Other than Condominium Common Areas located at the Property, if any, that are (A) Subject to be maintained by the Association pursuant to the Declaration (which, if Landlord controls the Associationprovisions of Section 15, Landlord shall cause the Association to maintain in accordance with the Declaration), Landlord shall repair keep and maintain the roof, structural elements and exterior portions and Common Areas walls of the Building in good order and the Project, including roofing and covering materials; foundations; exterior walls; plumbing; common fire sprinkler systems (if any); common heating, ventilating, air conditioning systems; common elevators; exterior windows, and common electrical systems.
18.2repair. Except for services of Landlord, if any, required by Section 18.1 hereof, Tenant will take good care of the Premises and the fixtures and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions The "structural elements" of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvements, all so as to keep the Premises in a first class condition and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereof. Tenant’s responsibilities shall include the maintenanceelectrical, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repair, subject to normal wear and tear (provided Tenant shall not be obligated to repaint the Premises during the last two (2) years of the Term, as it may be extended). All building standard bulbs, tubes plumbing and lighting systems other than those items of such systems which are fixtures for in the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant and consented to in writing by Landlord. Tenant shall, at Tenant’s expense, but under the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to the Premises or Building caused by the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out interior of the Premises. Tenant shall be responsible for all janitorial service maintenance and trash removal from repair of the heating and air conditioning systems unless repairs are the result of defective installation or materials, in which event Landlord shall repair the same at its own expense. However, Landlord may elect, at its option, to keep and maintain the heating and air conditioning systems of the Premises. Tenant covenants and agrees, at its sole The cost and expense: (a) to comply with all present and future laws, orders and regulations of the Federal, State, county, municipal or other governing authorities regarding repairs and maintenance which Landlord elects to perform pursuant to the collection, sorting, separation, preceding sentence shall be a Common Area Charge and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s sole cost and expense, utilizing a contractor satisfactory to Landlord; and (e) that Tenant shall pay all costsits share of such costs to Landlord as provided in Section 11 below. Other repairs and maintenance done pursuant to this Subsection 9(a) shall be at the sole expense of Landlord. However, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with the provisions of this Section.
18.3. Landlord shall not be liable for any failure to make if any repairs or maintenance are required because of an act or omission of Tenant, its agents, employees or invitees, Tenant shall pay to perform any Landlord, upon demand, on hundred percent (100%) of the costs of such repair or maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. In the event that Landlord timely fails to make a repair or perform maintenance inside the Premises that is Landlord’s obligation covered by insurance provided pursuant to this Lease, in which case Tenant may notify Landlord shall pay the deductible amount of such failure andinsurance, if Landlord does such deductible not make the repair or perform the maintenance within thirty to exceed One Thousand Dollars (30$ 1,000.00).
(B) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long Except as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion))expressly provided in Subsection 9(a) above, Tenant may perform shall, at its sole cost, keep and maintain the repair or maintenance entire Premises and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contraryevery part thereof, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenance.
18.4. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundationsincluding, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted Use.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declarationlimitation, the Associationwindows, window frames, plate glass, glazing, truck doors, doors and all door hardware, the interior walls and partitions, and not Landlordthe electrical, is responsible for the maintenanceplumbing, repair lighting, heating and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
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. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereof, to the extent that the cost of such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions 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, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice therefor.air conditioning
Appears in 1 contract
Sources: Sublease Agreement (Nvidia Corp/Ca)
Repairs and Maintenance. 18.1. Other than Condominium Common Areas located at the Property, if any, that are to be maintained by the Association pursuant to the Declaration (which, if Landlord controls the Association, Landlord shall cause the Association to maintain in accordance with the Declaration), 19.1 Landlord shall repair and maintain in good condition and repair the structural and exterior portions and Common Areas of the Building Buildings and the ProjectCommon Areas, including including, without limitation, grounds, roofing and covering materials; , foundations; , exterior walls; , plumbing; common , fire sprinkler systems (if any); common , heating, ventilating, air conditioning systems; common conditioning, elevators; exterior windows, and common electrical systems. Notwithstanding anything to the contrary in this Lease, Landlord shall have no responsibility to maintain or repair any vivarium(s) or data center(s). Tenant shall have sole responsibility to maintain and repair any vivarium(s) and data center(s). Landlord shall maintain the Common Areas in accordance with its property maintenance protocols as established from time to time in accordance with Landlord’s reasonable determinations of appropriate property maintenance protocols. Upon Tenant’s request, Landlord shall explain such protocols and consider Tenant’s comments. Any actual out-of-pocket costs related to the repair or maintenance activities specified in this Section 19.1 shall be included as a part of Operating Expenses subject to the CAM Pools, except Tenant shall pay for such repairs and maintenance to the extent that such repairs and maintenance are: (i) required in whole or in part because of any negligent act, neglect, fault or omissions of Tenant (where there is a duty to act), its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the cost of such repairs and maintenance; and (ii) not paid out of insurance proceeds. Landlord shall perform all work and have its contractors perform all work in accordance with Applicable Laws.
18.2. 19.2 Except for services of Landlord, if any, required by Section 18.1 hereof19.1 and elsewhere in this Lease, Tenant will take good care of the Premises and the fixtures and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvements, all so as to keep the Premises in a first class condition and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereof. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repair, subject to normal wear and tear (provided Tenant shall not be obligated to repaint the Premises during the last two (2) years of the Term, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant maintain and consented to keep the Premises and every part thereof in writing by Landlordgood condition and repair, damage thereto from ordinary wear and tear, insured casualty and permitted alterations excepted. Tenant shall, at Tenant’s expenseupon the expiration or sooner termination of the Term, but under surrender the direction Premises to Landlord in as good of Landlorda condition as when received, by contractors selected by Tenant ordinary wear and consented tear and insured casualty excepted. Landlord shall have no obligation to in writing by Landlordalter, promptly repair any injury remodel, improve, repair, decorate or damage to paint the Premises or Building caused by any part thereof, other than pursuant to the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out terms and provisions of the Premises. Tenant shall be responsible for all janitorial service Work Letter and trash removal from the Premises. Tenant covenants and agrees, at its sole cost and expense: (a) to comply with all present and future laws, orders and regulations of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s sole cost and expense, utilizing a contractor satisfactory to Landlord; and (e) that Tenant shall pay all costs, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with the provisions of this SectionLease.
18.3. 19.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s an obligation pursuant to this Lease 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. In Subject to the event that terms of this Lease, Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. Notwithstanding the foregoing, if Landlord timely fails to commence to make a any necessary repair in any Building of which Tenant is the sole tenant (other than completion of any Punchlist Item or perform maintenance inside the Premises repair of any Defect in Landlord’s Work, which is governed by Section 4.5), that is Landlord’s obligation pursuant under this Lease within fifteen (15) days after Tenant has reported to Landlord the need for such repair, or fails to diligently proceed to complete such repair, and does not commence to remedy such failure within five (5) business days after further written notice from Tenant, referring to this Leaseparagraph and Tenant’s right to perform Self-Help Work, then Tenant may make such repairs as Self-Help Work, and the parties shall then have the same rights and obligations (subject to the same restrictions, except Tenant’s obligation to give prior notices or allow the passage of any cure periods) as set forth in Article 4 for Self-Help Work. In the event of an emergency on the Premises, Tenant may notify Landlord 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 failure and, if emergency Self-Help Work will be reimbursable by Landlord does not make the repair or perform the maintenance within thirty (30) business days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant thereforas long as Tenant did not cause the emergency. Notwithstanding anything in this Section In the event Tenant and Landlord shall disagree as to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenance.
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 provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted Use.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is party responsible for the maintenanceemergency they shall resolve the dispute through arbitration under Article 50.
19.4 Repairs under this Article 19 that are obligations of Landlord, repair including amounts paid by Landlord pursuant to Section 19.3, are subject to allocation among Tenant and replacement of other tenants as Operating Expenses to the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be extent they are included in Common Expenses the definition thereof, except as otherwise provided in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereofArticle 19.
18.6. 19.5 This Article 19 relates to repairs and maintenance arising in the ordinary course of operation of the Building Buildings and the ProjectProject and any related facilities. In the event of a casualty described in Article 24fire, earthquake, flood, vandalism, war, terrorism, natural disaster or similar cause of damage or destruction, Article 24 23 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article19.
18.7. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereof, to the extent that the cost of such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions 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, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice therefor.
Appears in 1 contract
Repairs and Maintenance. 18.1. Other than Condominium Common Areas located at the Property, if any, that are to be maintained by the Association pursuant to the Declaration (which, if Landlord controls the Association, Landlord shall cause the Association to maintain in accordance with the Declaration), Landlord shall repair and maintain the structural and exterior portions and Common Areas of the Bent Building and the ProjectBent Project and the Garage, including roofing and covering materials; foundations; exterior walls; plumbing; common fire sprinkler systems (if any); common heating, ventilating, air conditioning systemssystems (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); common elevators; exterior windows, and common electrical systemssystems installed or furnished by Landlord.
18.2. Except for services of Landlord, if any, required by Section 18.1 hereof18.1, Tenant will take good care of the Premises and the fixtures and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvements, all so as to keep the Premises in a first class condition and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereof. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repair, subject to normal wear and tear (provided Tenant shall not be obligated to repaint the Premises during the last two (2) years of the Term, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant maintain and consented to keep the Premises and every part thereof in writing by Landlordgood condition and repair, damage thereto from ordinary wear and tear excepted, including the Generator, the Acid Neutralization Tank, and all laboratory systems, including the reverse osmosis, de-ionized and other treated water systems, vacuum, compressed air and laboratory gas. Tenant shall, at Tenant’s expenseupon the expiration or sooner termination of the Term, but under the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to surrender the Premises or Building caused by the misuse or neglect thereof by Tenantto Landlord in as good a condition as when received, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out of the Premises. Tenant shall be responsible for all janitorial service ordinary wear and trash removal from the Premises. Tenant covenants tear excepted; and agreesshall, at its sole cost and expense: (a) to comply with all present and future laws, orders and regulations of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort request and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s sole cost and expense, utilizing a contractor satisfactory remove all telephone and data systems, wiring and equipment from the Premises, and repair any damage to Landlord; and (e) that Tenant the Premises caused thereby. Landlord shall pay all costshave no obligation to alter, expensesremodel, finesimprove, penalties repair, decorate or damages that may be imposed on Landlord paint the Premises or Tenant by reason of Tenant’s failure to comply with the provisions of this Section.any part thereof, other than as described in Exhibit C.
18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. In the event that Landlord timely fails Tenant waives its rights under Applicable Laws now or hereafter in effect to make a repair or perform maintenance inside the Premises that is repairs at Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenanceexpense.
18.4. If any excavation shall be made upon land adjacent to or under the BuildingBuildings, 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 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 provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted UseLease.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
18.6. This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building Buildings 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.
18.718.6. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereof, to the extent that the cost of such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions 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, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice therefor.
Appears in 1 contract
Sources: Lease (Idenix Pharmaceuticals Inc)
Repairs and Maintenance. 18.1. Other than Condominium Common Areas located Except as otherwise set forth in this Lease, Lessee, at its sole cost, shall be responsible for and shall keep all parts of the PropertyPremises (including its restroom areas) and the appurtenances thereto in good, if anysafe, that tenantable condition, slightly in appearance, and in good order and repair at all times during the term of this Lease (reasonable wear and tear and casualty excepted in all cases), including any extensions, except that: Lessor shall be responsible at its sole expense for: (a) structural repairs and replacements, repairs, replacements or maintenance to the roof, exterior walls and foundation; (b) repairs or 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 contained in this Lease or by reason of Lessor’s failure to perform or observe any term, covenant or condition to be maintained performed or observed by the Association Lessor pursuant to this Lease. Lessor warrants and represents that it has no knowledge of defects in the Declaration (whichplumbing, if Landlord controls 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 AssociationPremises or the components of the Premises, Landlord shall cause including but not limited to the Association roof, walls, foundation and floors. Subject to maintain in accordance with the Declaration)terms of this Lease, Landlord Lessor shall repair and maintain the structural paving, and exterior portions provide lighting of and Common Areas maintain sidewalks and parking areas located within the Center and shall provide lighting for and maintain the entrances, exits and areas appurtenant to the Center Building in a clean and orderly condition, including maintaining all shrubbery thereon and mowing of the Building grass thereon and the Project, including roofing prompt removal of snow and covering materials; foundations; exterior walls; plumbing; common fire sprinkler systems (if any); common heating, ventilating, air conditioning systems; common elevators; exterior windows, and common electrical systemsice therefrom.
18.2. Except for services of Landlord, if any, required by Section 18.1 hereof, Tenant will take good care of the Premises and the fixtures and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvements, all so as to keep the Premises in a first class condition and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereof. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repair, subject to normal wear and tear (provided Tenant shall not be obligated to repaint the Premises during the last two (2) years of the Term, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant and consented to in writing by Landlord. Tenant shall, at Tenant’s expense, but under the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to the Premises or Building caused by the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out of the Premises. Tenant shall be responsible for all janitorial service and trash removal from the Premises. Tenant covenants and agrees, at its sole cost and expense: (a) to comply with all present and future laws, orders and regulations of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s sole cost and expense, utilizing a contractor satisfactory to Landlord; and (e) that Tenant shall pay all costs, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with the provisions of this Section.
18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. In the event that Landlord timely fails to make a repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenance.
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 provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted Use.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
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. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereof, to the extent that the cost of such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions 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, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice therefor.
Appears in 1 contract
Sources: Lease Agreement (Vitacost.com, Inc.)
Repairs and Maintenance. 18.1. Other than Condominium Common Areas located at the Property, if any, that are to be maintained by the Association pursuant to the Declaration Tenant shall (which, if Landlord controls the Association, Landlord shall cause the Association to maintain in accordance with the Declaration), 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; common fire sprinkler systems (if any); common heating, ventilating, air conditioning systems; common elevators; exterior windows, and common electrical systems.
18.2. Except for services of Landlord, if any, required by Section 18.1 hereof, Tenant will take good care of i) keep the Premises and Personalty in as good order and repair as same were delivered in at the fixtures Commencement Date, reasonable wear and improvements therein tear and repairs which are not Tenant's responsibility hereunder excepted, including performing all necessary daily clean-up and maintenance of thereof; (including, without limitation, all walls, doors, ceilings ii) make repairs and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvements, all so Premises as to keep needed that are the Premises in a first class condition and state result of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereof. the Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repair, subject to normal wear and tear (provided Tenant shall not be obligated to repaint the Premises during the last two (2) years of the Term, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant and consented to in writing by Landlord. Tenant shall, at Tenant’s expense, but under the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to the Premises or Building caused by the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out use of the Premises; and (iii) not commit waste of any nature. Tenant shall be responsible for all janitorial service and trash removal from the Premises. Tenant covenants and agreesTenant, at its sole cost and expense: (a) , shall maintain snow removal responsibility for the areas immediately adjacent to comply with all present the entrances to the Premises and future lawsthe Parking Lot. Subject to its obligations under Section 3.03, orders and regulations under no circumstances shall Landlord be responsible for the timely opening of the Federalschool operated by Tenant on the Premises. If repairs or replacements of a capital nature (as defined under generally accepted accounting principles, Stateconsistently applied) are required, countyLandlord shall undertake same at its sole cost and expense promptly upon Tenant's request. For avoidance of doubt, municipal or other governing authorities regarding capital expenditures shall include maintenance, repair and/or replacement of the collectionroof and boiler, sortingstructural repairs and replacements to the Premises and repairs and replacements to the major mechanical systems servicing the Premises including, separationwithout limitation, HVAC, Plumbing, Electric and recycling of garbageSprinkler systems. Further, trashLandlord shall be responsible, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate at its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s sole cost and expense, utilizing a contractor satisfactory for landscaping and maintenance to Landlord; all exterior common areas on the Land. Except in the event of an emergency, Tenant may not make any repairs without notice to Landlord and (e) that Tenant shall pay all costs, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason the approval of Tenant’s failure to comply with the provisions Diocese of this Section.
18.3Metuchen College of Consultors. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice exercise reasonable care in the conduct of the need of such repairs or maintenance. In the event that Landlord timely fails to make a repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenance.
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 provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted Use.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of obligations with respect to the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses Premises in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof3.03.
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. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereof, to the extent that the cost of such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions 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, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice therefor.
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Sources: Lease Agreement
Repairs and Maintenance. 18.1. Other than Condominium Common Areas located at the Property, if any, that are to be maintained by the Association pursuant to the Declaration (which, if Landlord controls the Association, Landlord shall cause the Association to maintain in accordance with the Declaration), 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; common fire sprinkler systems (if any); common heating, ventilating, air conditioning systems; common elevators; exterior windows, and common electrical systems.
18.2. Except for services of Landlord, if any, required by Section 18.1 hereof, Tenant will take good care of the Premises and the fixtures and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvements, all so as to keep the Premises in a first class condition and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereof. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repair, subject to normal wear and tear (provided Tenant shall not be obligated to repaint the Premises during the last two (2) years of the Term, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant and consented to in writing by Landlord. Tenant Lessee shall, at Tenant’s expense, but under the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to the Premises or Building caused by the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out of the Premises. Tenant shall be responsible for all janitorial service and trash removal from the Premises. Tenant covenants and agrees, at its sole cost and expense: (a) to comply with all present and future laws, orders and regulations of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at TenantLessee’s sole cost and expense, utilizing a contractor satisfactory maintain the Premises and Lot in good, clean and safe condition and repair to Landlord; and (e) that Tenant shall pay all costs, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with the provisions of this Section.
18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice satisfaction of the need of such repairs Lessor any damage thereto caused by Lessee or maintenanceits employees, agents, invitees, licensees or contractors. In Without limiting the event that Landlord timely fails to make a repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenance.
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 provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted Use.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost generality of the foregoing items and excepting only Lessor’s limited responsibilities set forth in this Paragraph. Lessee shall be included in Common Expenses in accordance with solely responsible for maintaining and repairing all plumbing, electrical wiring and equipment, lighting, and walls. Lessor may repair the Declaration heating, ventilation and Tenant air conditioning systems as deemed necessary by Lessor or Lessee and Lessee shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
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. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereof, to the extent that the cost of such repairs. Except for repairs and maintenance caused rendered necessary by Tenant’s acts, neglect, fault the intentional or negligent acts or omissions exceeds of Lessee, and Lessee’s agents, contractors, customers, employees and invitees, Lessor agrees at Lessor’s sole cost and expense, to keep in good repair the limits structural portions of any insurance maintained or required the roof, foundations and exterior walls of the Premises (exclusive of glass and exterior doors), and underground utility and sewer pipes outside the exterior walls of the Building. Lessor shall cause the HVAC system to be maintained as frequently as recommended by Tenant pursuant to this Lease the manufacturer, but are covered by insurance maintained or required to be maintained by Landlord under this Lease, then Landlord in any case not less than quarterly. Lessor shall file a claim for such excess pursuant to Landlord’s insurance maintain the exterior of the Premises and Tenant Lessee shall reimburse Landlord to Lessor all expenses therefor. Except for normal maintenance and repair of the deductible therefor within thirty (30) days after receipt items outlined above, Lessee shall have no right of an invoice thereforaccess to or install any device on the roof of the Building nor make any penetrations of the roof of the Building without the express prior written consent of Lessor.
Appears in 1 contract
Repairs and Maintenance. 18.114.01. Other than Condominium Common Areas located Tenant shall, at its expense, throughout the PropertyTerm, if any, that are to be maintained by the Association pursuant to the Declaration (which, if Landlord controls the Association, Landlord shall cause the Association to maintain in accordance with the Declaration), 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; common fire sprinkler systems (if any); common heating, ventilating, air conditioning systems; common elevators; exterior windows, and common electrical systems.
18.2. Except for services of Landlord, if any, required by Section 18.1 hereof, Tenant will take good care of the Premises, the fixtures and appurtenances therein and the Tenant's Property. Tenant shall be responsible for all repairs and replacements, interior and exterior, structural and nonstructural, ordinary and extraordinary, in and to the Premises and the Building and the facilities and systems thereof, the need for which arises out of (a) the performance or existence of any work by Tenant or Alterations, (b) the installation, use or operation of the Tenant's Property in the Premises, (c) the moving of the Tenant's Property in or out of the Premises or the Building, or (d) the act, omission, misuse or neglect of Tenant or any of its subtenants or its or their employees, agents, contractors or invitees. Tenant, at its expense, shall promptly repair or replace all scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs, painting, maintenance and replacement of wall and floor coverings in the Premises and for the repair and maintenance of all sanitary and electrical fixtures and improvements therein (includingequipment therein. Tenant shall promptly make, without limitationat Tenant's expense, all wallsrepairs in or to the Premises for which Tenant is responsible. Any repairs required to be made by Tenant to the mechanical, doors, ceilings and lighting fixtures) and all electrical, plumbingsanitary, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC heating, ventilating, air-conditioning or other systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building shall be performed only by contractor(s) approved by Landlord. Any other than repairs in or to the Premises)Building and the facilities and systems thereof for which Tenant is responsible, will may be performed by Landlord at Tenant's expense.
14.02. Landlord shall make (a) all repairs thereto (excluding and replacements, structural repairs unless caused by Tenant’s acts or omissions)and otherwise, whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvements, all so as to keep the Premises in a first class condition and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereof. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) , as and all other facilities and equipment of Tenant located outside of when needed in or about the Premises and all improvements, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections the Building (and the like, located outside of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities adjacent Land) in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as order to maintain the Premises Building in a first-class condition condition, and state of repairshall maintain the heating, subject to normal wear ventilating and tear (provided Tenant shall not be obligated to repaint the Premises during the last two (2) years air conditioning, plumbing and electrical systems of the TermBuilding; except for those repairs and replacements for which Tenant is responsible pursuant to any of the provisions of this Lease.
14.03. Except as otherwise expressly provided in this Lease, as it may Landlord shall have no liability to Tenant, nor shall Tenant's covenants and obligations under this Lease be extended). All building standard bulbsreduced or abated in any manner whatsoever, tubes and lighting fixtures for the Premises shall be provided and installed by reason of any inconvenience, annoyance, interruption or injury to business arising from Landlord's making any repairs or changes which Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practicesis required by this Lease, including or required by law, to make in or to any third-party rating system concerning the environmental compliance portion of the Building or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant and consented to in writing by Landlord. Tenant shall, at Tenant’s expense, but under the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to the Premises fixtures, equipment or appurtenances of the Building caused by the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out of the Premises. Tenant However, Landlord shall be responsible for all janitorial service and trash removal from use reasonable efforts to minimize interference with the Premises. Tenant covenants and agrees, at its sole cost and expense: (a) to comply with all present and future laws, orders and regulations of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s sole cost and expense, utilizing a contractor satisfactory to Landlord; and (e) that Tenant shall pay all costs, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason conduct of Tenant’s failure to comply 's business in the Premises in connection with the provisions of this Section.
18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. In the event that Landlord timely fails to make a repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to this Leaseforegoing, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenance.
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 provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted Use.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
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. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereofincluding, to the extent that appropriate, the cost use of such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions 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, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice thereforovertime labor.
Appears in 1 contract
Repairs and Maintenance. 18.1. Other than Condominium Common Areas located at A. Except as otherwise provided herein, the Property, if any, that are to be maintained by the Association pursuant to the Declaration (which, if Landlord controls the Association, Landlord shall cause the Association to maintain in accordance with the Declaration), 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; common fire sprinkler systems (if any); common heating, ventilating, air conditioning systems; common elevators; exterior windows, and common electrical systems.
18.2. Except for services of Landlord, if any, required by Section 18.1 hereof, Tenant will take good care of the Premises and the fixtures and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which CITY shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvements, all so as to keep the Premises in a first class condition and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereof. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repair, subject to normal wear and tear (provided Tenant shall not be obligated to repaint the Premises during the last two (2) years of the Term, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant and consented to in writing by Landlord. Tenant shall, at Tenant’s expense, but under the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to the Premises or Building caused by the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out of the Premises. Tenant shall be responsible for all janitorial service and trash removal from the Premises. Tenant covenants and agreesresponsible, at its sole cost expense and expense: (a) to comply with all present and future laws, orders and regulations of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s sole cost and expense, utilizing a contractor satisfactory to Landlord; and (e) that Tenant shall pay all costs, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with the provisions of this Section.
18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. In the event that Landlord timely fails to make a repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenance.
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 provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted Use.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with any applicable local, state or federal law, regulation or code relating to structural integrity, for the Declaration proper and Tenant reasonable maintenance and repair of the building and grounds at all times during the term of this LEASE. Such proper and reasonable maintenance and repair of the building and grounds is limited to the roof, including periodic gutter cleaning as necessary; foundation; exterior and interior walls; flooring; plumbing; jointly- used electrical panels; and the HVAC (heating, ventilation and air conditioning) system.
B. Except as otherwise provided herein, LESSEE shall be responsible to pay responsible, at its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner sole expense and in accordance with Section 9 hereofany applicable local, state or federal law, regulation or code relating to structural integrity, for the proper and reasonable maintenance and repair of the premises at all times during the term of this LEASE to prevent the premises from entering into a state of disrepair. All servicesSuch proper and reasonable maintenance and repair of the premises includes:
(1) Maintenance of the flooring, maintenance, repairs but only in such a manner that is consistent with the use of techniques and replacements performed products approved by the Association CITY Facilities Maintenance Manager in advance of the commencement of any work; paint; electrical wiring and fixtures; equipment that is used for fire protection or suppression; and the interior of the premises in general. Examples would be but are not limited to the following: water leaks, plugged toilets, burnt out bulbs, bad lighting ballasts, holes in walls, tears in carpet or damaged tile and the general upkeep of the interior.
(2) Repair of any damage that is directly or proximately caused by the LESSEE, its agents pursuant employees, agents, volunteers, contractors or invitees.
C. Notwithstanding any other provision of this LEASE, LESSEE shall be responsible, at its sole expense and in accordance with any applicable local, state or federal law, regulation or code relating to structural integrity, for the proper and reasonable repair of any damage to the building and grounds that is directly or proximately caused by the LESSEE, its employees, agents, volunteers, contractors or invitees.
D. For the purposes of this Section 18 LEASE, the term “grounds” shall be deemed to have been performed on behalf of Landlord include the parking lot, landscaping and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
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. Unless otherwise expressly excluded from Operating Expenses pursuant sidewalks appurtenant to the terms hereof, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereof, to the extent that the cost of such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions 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, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice thereforbuilding.
Appears in 1 contract
Sources: Lease Agreement
Repairs and Maintenance. 18.1. Other than Condominium Common Areas located 14.01 Throughout the Term, Tenant, at its sole cost and expense, assumes full responsibility for the condition, operation, repair, replacement, maintenance, and management of the Property. Tenant shall, if anyat its sole cost and expense, that are to be maintained by the Association pursuant to the Declaration (which, if Landlord controls the Association, Landlord shall cause the Association to maintain in accordance with the Declaration), Landlord shall repair and maintain the structural and exterior portions and Common Areas of responsible for: keeping the Building and other improvements erected on the ProjectLand in good order and repair (reasonable wear and tear and damage by casualty and condemnation excepted) whether or not the need for such repairs occurs as a result of Tenant’s use, the elements, or the age of the Building, the Property or Tenant’s Property, or otherwise (but excluding the negligence or willful misconduct of Landlord or its agents, contractors, employees or representatives) and will commit or allow no waste with respect thereto and with reasonable promptness, make all necessary and appropriate repairs and replacements thereto of every kind and nature, including roofing without limitation those necessary to ensure continuing compliance with all Laws and covering materials; foundations; exterior walls; plumbing; common fire sprinkler systems (if any); common heatinginsurance requirements, ventilatingwhether interior and exterior, air conditioning systems; common elevators; exterior windowsstructural and nonstructural, ordinary and extraordinary, and common electrical systems.
18.2foreseen and unforeseen. Except for services of LandlordTenant’s maintenance, if any, required by Section 18.1 hereof, Tenant will take good care of the Premises repair and the fixtures replacement obligations shall extend to and improvements therein (includinginclude, without limitation, the roof of the Building, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively systems serving the Demised Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvements, all so as to keep the Premises in a first class condition and state of repairand, subject to normal wear any Permitted Encumbrances, all parking areas and tearlandscaping on the Property. The necessity for and adequacy of repairs to the Building or other improvements forming a part of the Demised Premises shall be comparable to those that would be customary and reasonable in comparable buildings of similar construction and class, and will neither commit nor suffer any active provided that, in no event, shall Tenant be required to repair or permissive waste maintain the Demised Premises to a higher or injury thereofbetter condition than that of the Demised Premises following completion of Tenant’s Work. Tenant’s responsibilities shall obligations under this Section 14.01 shall, without limitation, include the maintenance, repair and replacement (a) at all times, of any and all building systems, machinery and equipment which exclusively serve the Demised Premises, and (b) the bearing walls, floors, foundations, roofs and all structural elements of the Demised Premises. Tenant will not take or omit to take any action the taking or omission of which would reasonably be expected to create (or permit to continue) any condition which might reasonably be expected to involve any imminent loss, damage or injury to any person or property. All repairs and replacements shall be in quality and class at least equal to the Building as of the Commencement Date or the original Tenant’s signage Work to be performed by Tenant pursuant to this Lease, as applicable, and shall be made reasonably promptly as and when necessary. Notwithstanding anything to the contrary contained herein, Tenant shall not be required to make a replacement of any item in the event that a repair will provide adequate functionality to the item and would be customary and reasonable in comparable buildings of similar construction and class. Repairs and replacements called for as a result of fire or other casualty and condemnation shall be made pursuant to the provisions of Sections 21 and 22, respectively. In connection with the foregoing, but in no way expanding Tenant’s obligations hereunder and subject to Section 14.03, Tenant’s obligations shall include without limitation with respect to the Demised Premises, to the extent applicable:
(1) Maintaining, repairing, and replacing, as necessary, the roof of the Building on the Demised Premises;
(2) Maintaining and repairing the bearing walls, floors, foundations, and all structural elements of the Building;
(3) Maintaining (including periodic washing and painting) and repairing the storefront, facade and exterior walls of the Building;
(4) Repairing and replacing, as necessary, the doors (including, without limitation, any overhead doors) and windows of the Building, and the mechanisms therefor;
(5) Causing the regular removal of garbage and refuse from the Demised Premises;
(6) Causing the regular spraying for and control of insect, rodent, animal and pest infestation, and maintaining in good working order and condition all doors (both interior swinging and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installationsroll-up doors), including, without limitation, all related linesweather seals;
(7) Servicing, conduitsmaintaining, pipesrepairing and replacing all equipment on the Demised Premises, cablingincluding, connections without limitation, heating, ventilation, and air-conditioning equipment, fuel tanks, generators and uninterrupted power supplies;
(8) Regular sweeping, cleaning and removal of trash, debris, other materials and stains from the likeDemised Premises and from the immediately adjacent sidewalks, located outside service drives and loading or delivery areas, if any, of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant Demised Premises, as necessary to this Lease. Tenant’s responsibilities keep the same clean and in conjunction therewith shall also includegood order and condition;
(9) Regular sweeping, but not be limited to, the regular painting cleaning and decorating washing of the Premises interior of the Building, including, without limitation, floors, windows and fixtures, and periodic washing and painting of interior walls;
(10) Repairing broken, damaged or leaking walls, bathrooms, roofs, or fixtures and equipment in the interior of the Building, including, without limitation, plate glass windows, windows, floors and lighting fixtures;
(11) Irrigating and performing all gardening and landscaping of all lawns, trees, shrubs and plantings immediately adjacent to the Building or in any parking areas located on the Demised Premises; and
(12) Tenant shall maintain a contract on at least an annual basis for regular servicing and maintenance (at least once annually) of the heating, ventilating, air conditioning and vertical transportation systems serving the Building, unless Landlord shall otherwise direct. Upon written request of Landlord, Tenant shall submit to Landlord a copy of such fully paid contract and any extensions, renewals or replacements thereof. At a minimum, each maintenance contract for any such equipment shall include a provision that such contractor shall be required to coordinate any activities performed on the roof of the Building by a roofing contractor, so as to maintain not void any roof or related warranties.
14.02 Except to the Premises extent caused by the negligence or willful misconduct of Landlord or its agents, contractors, employees or representatives, any affirmative acts in a first-class condition and state of repairconnection with work performed by Landlord or as expressly provided herein, subject to normal wear and tear (provided Tenant Landlord shall not be obligated required to repaint furnish any services or facilities or make any repairs or alterations in or to the Demised Premises, and Landlord shall not under any circumstances be required to (i) build or rebuild any improvements on the Demised Premises; (ii) make any repairs, replacements, alterations, restorations or renewals of any nature to the Demised Premises, whether ordinary or extraordinary, structural or non-structural, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto; or (iii) maintain the Demised Premises during (including any parking which is part of or adjacent thereto) in any way. Tenant hereby assumes the last two (2) years full and sole responsibility for the condition, operation, repair, replacement, maintenance and management of the TermDemised Premises, except as it may expressly set forth herein. However, on default of Tenant beyond the expiration of any applicable notice and cure periods in making such repairs or replacements, Landlord may, but shall not be extended). All building standard bulbsrequired to, tubes upon fifteen (15) additional days’ notice to Tenant, make such repairs and lighting fixtures replacements for Tenant’s account and the Premises expense thereof shall be provided paid by Tenant to Landlord upon demand with interest at the Default Rate.
14.03 Except as expressly set forth herein, nothing contained in this Lease and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building no action or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted inaction by Landlord shall be done at Tenant’s sole cost and expense by persons construed as (i) constituting the consent or contractors selected by Tenant and consented to in writing by Landlord. Tenant shall, at Tenant’s expense, but under the direction request of Landlord, by contractors selected by Tenant and consented expressed or implied, to in writing by Landlordany contractor, promptly subcontractor, laborer, materialman or vendor to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair any injury or damage demolition or maintenance of or to the Demised Premises or Building caused by any part thereof or any improvements thereto; or (ii) giving Tenant any right, power or permission to contract for or permit the misuse performance of any labor or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, services or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out furnishing of the Premises. Tenant shall be responsible for all janitorial service and trash removal from the Premises. Tenant covenants and agrees, at its sole cost and expense: (a) to comply with all present and future laws, orders and regulations of the Federal, State, county, municipal any materials or other governing authorities regarding property in such fashion as would permit the collection, sorting, separation, and recycling making of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that any claim against Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s sole cost and expense, utilizing a contractor satisfactory to Landlord; and (e) that Tenant shall pay all costs, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with the provisions of this Sectionin respect thereof.
18.3. Landlord shall not be liable for any failure 14.04 Notwithstanding anything to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. In the event that Landlord timely fails to make a repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure andcontrary contained herein, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenance.
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 Article 14 require Tenant to make any Capital Repairs (as hereinafter defined) during the last two Lease provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy Years of the Term, then Tenant shall not be required to make any such Capital Repairs and such failure shall not be a breach of this Lease by Tenant at that time or upon surrender of the Demised Premises, provided the Demised Premises for remain in working condition. For purposes of this Lease, “Capital Repair” shall mean the Permitted Use.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and or replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall any item, which repair or replacement would be included in Common Expenses amortized over its useful life in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereofU.S. generally accepted accounting principles.
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. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereof, to the extent that the cost of such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions 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, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice therefor.
Appears in 1 contract
Repairs and Maintenance. 18.15.2 The Lessee shall keep the Leased Premises in good order and repair, reasonable wear and tear excepted. Other than Condominium Common Areas located at The Lessee shall repair or replace all broken or damaged doors, windows, fixtures and other portions of the PropertyLeased Premises. Notwithstanding the foregoing, if any, that are the Lessee shall have no duty to be maintained make structural repairs to the Leased Premises unless the damage thereto has been caused by the Association pursuant 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 overload the Declaration (floors nor install any heavy machinery or other heavy equipment of any kind without first obtaining the prior written consent of the Lessor, which, if Landlord controls granted, may be conditioned upon the Associationmoving of such machinery and equipment by skilled, Landlord shall cause the Association licensed handlers and installation and maintenance, at Lessee's sole cost and expense, of special reinforcing and settings adequate to maintain in accordance with the Declaration), Landlord absorb and prevent noise and vibration.
5.4 The Lessor shall repair and maintain the structural and exterior portions and Common Areas Leased Premises at Lessor's expense, except for any damage thereto caused by any act or omission of the Building Lessee or any failure by the Lessee to observe or perform any of its duties and the Projectobligations under this Lease, including roofing and covering materials; foundations; exterior walls; plumbing; common fire sprinkler systems (if any); common heating, ventilating, air conditioning systems; common elevators; exterior windows, and common electrical systems.
18.2. Except for services of Landlord, if any, required by Section 18.1 hereof, Tenant will take good care of the Premises and the fixtures and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, in which event such damage shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements promptly repaired to the Tenant Improvements, all so as to keep Lessor's satisfaction at the Premises in a first class condition and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereof. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repair, subject to normal wear and tear (provided Tenant shall not be obligated to repaint the Premises during the last two (2) years of the Term, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant and consented to in writing by Landlord. Tenant shall, at Tenant’s expense, but under the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to the Premises or Building caused by the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out of the Premises. Tenant Lessee, so that the Leased Premises shall be responsible for all janitorial service and trash removal from the Premises. Tenant covenants and agrees, at its sole cost and expense: have:
(a) to comply with all present effective waterproofing and future laws, orders weather protection of roof and regulations of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); exterior walls;
(b) plumbing facilities that substantially conform to comply with Landlord’s recycling policy as part applicable law in effect at the time of Landlord’s sustainability practices where it may be more stringent than applicable law; installation;
(c) to sort and separate its trash and recycling into such categories as are provided by heating facilities which substantially conform with applicable law or Landlord’s sustainability practices; at the time of installation;
(d) that Landlord reserves electrical lighting, with wiring and electrical equipment, which substantially conform with applicable law at the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s sole cost and expense, utilizing a contractor satisfactory to Landlordtime of installation; and and
(e) floors, stairways and railings maintained in good repair; provided, however, that Tenant notwithstanding the foregoing the Lessor shall pay all costs, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with the provisions of this Section.
18.3. Landlord shall not be liable for any failure have no duty to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to otherwise required by this Lease Section unless such failure and until the Lessor shall persist for an unreasonable time after Tenant provides Landlord with written have received notice of the need of such repairs or maintenance. In therefore from the event that Landlord timely fails to make a repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenanceLessee.
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 provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted Use.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
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. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereof, to the extent that the cost of such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions 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, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice therefor.
Appears in 1 contract
Repairs and Maintenance. 18.1. Other than Condominium Common Areas located at the Property, if any, that are to be maintained by the Association pursuant to the Declaration (which, if Landlord controls the Association, Landlord 8.01 Tenant shall cause the Association to maintain in accordance with the Declaration), Landlord shall repair take good care of and maintain the Demised Premises and the fixtures and appurtenances therein.
8.02 Tenant shall be responsible for and shall promptly repair all damage or injury, whether structural and exterior portions and Common Areas or non-structural to the Demised Premises or any other part of the Building and the Project, including roofing and covering materials; foundations; exterior walls; plumbing; common fire sprinkler systems (if any); common heating, ventilating, air conditioning systems; common elevators; exterior windows, and common electrical systems.
18.2. Except for services of Landlord, if any, required by Section 18.1 hereof, Tenant will take good care of the Premises and the fixtures and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvements, all so as to keep the Premises in a first class condition and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereof. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, fixtures and other installationsappurtenances thereof, includingcaused by or resulting from: (a) the carelessness, without limitationomission, all related lines, conduits, pipes, cabling, connections and the like, located outside neglect or improper conduct of the Premises that were installed by Tenant or installed by Landlord exclusively its subtenants, agents, contractors, employees, invitees or licensees; (b) any work, labor, service or equipment done for or supplied to Tenant pursuant or any subtenant; (c) any alteration, installation, use or operation of Tenant's or its subtenant's property or equipment; or (d) the moving of Tenant's fixtures, furniture and equipment. Any repairs to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repair, subject to normal wear and tear (provided Tenant shall not be obligated to repaint the Premises during the last two (2) years of the Term, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord facilities or systems thereof shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant and consented to in writing performed by Landlord. Tenant shall, at Tenant’s expense, but under the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to the Premises or Building caused by the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out of the Premises. Tenant shall be responsible for all janitorial service and trash removal from the Premises. Tenant covenants and agrees, at its sole cost and expense: (a) to comply with all present and future laws, orders and regulations of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s 's sole cost and expense, utilizing a contractor satisfactory to or at Landlord; 's option, by Tenant with contractors approved by Landlord.
8.03 Landlord shall maintain the structural and (e) that public portions of the Building. Tenant shall pay all costsgive Landlord prompt notice of any defective condition in the Demised Premises and the Building, expenses, fines, penalties or damages that for which Landlord may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with the provisions of this Sectionresponsible hereunder.
18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. In the event that Landlord timely fails to make a repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to 8.04 Except as otherwise specifically provided in this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so have no liability and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenance.
18.4. If any excavation there shall be made upon land adjacent no allowance to or under the BuildingTenant, 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 's obligations under this Lease provided that such entry does shall not materially adversely affect be reduced or abated, for diminution of rental value or by reason of any inconvenience, annoyance or injury to Tenant’s beneficial use and occupancy 's business arising from Landlord or others making repairs, alterations, additions or improvements in or to any portion of the Building, the Demised Premises for the Permitted Use.
18.5. Landlord and Tenant acknowledge and agree that pursuant or in or to the Declarationfixtures, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit appurtenances or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereofequipment thereof.
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. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereof, to the extent that the cost of such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions 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, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice therefor.
Appears in 1 contract
Repairs and Maintenance. 18.1At all times, Subtenant shall keep the Premises, Parking, and Building in a neat, clean, and sanitary condition, keep the glass of all windows and doors clean and presentable, and keep the Building in a good state of repair. Other than Condominium Common Areas located at Subtenant will maintain and repair the Propertywalls, if anyroof, that are to be maintained by the Association pursuant to the Declaration (which, if Landlord controls the Association, Landlord shall cause the Association to maintain in accordance with the Declaration), Landlord shall repair and maintain the other structural components and exterior portions and Common Areas building systems of the Building and the Project, including roofing will be responsible for repair and covering materials; foundations; exterior walls; plumbing; common fire sprinkler systems (if any); common heating, ventilating, air conditioning systems; common elevators; exterior windows, and common electrical systems.
18.2. Except for services of Landlord, if any, required by Section 18.1 hereof, Tenant will take good care maintenance of the Premises interior portion of the Building and the fixtures all painting, exposed electrical, plumbing and improvements therein (including, without limitation, all wallsother utility systems, doors, ceilings and lighting fixtures) glass and all electricalof Subtenant’s personal property. Subtenant shall keep in good order, plumbingcondition, mechanical and repair all heating and air conditioning equipment (“HVAC”) for the Building and shall pay all costs and expenses with respect to the repair, replacement and maintenance of HVAC equipment exclusively serving for the Premises (but excluding Building. Subtenant shall also reasonably maintain, operate and repair the utility systems within the Building, including the cost of connection to the utility distribution systems. Subtenant shall maintain the Premises, Parking, and Building in such a way that it complies with relevant local law as it relates to the removal of snow and ice. This Sublease is intended and shall be construed to be a “triple net lease” and, except as may be specifically provided in this Sublease, Subtenant assumes all common utilities and common HVAC systems and all electricalresponsibilities, plumbingduties, mechanical and HVAC equipment serving portions obligations, costs or expenses of any nature or any kind whatsoever, with respect to the operation, management, maintenance, repair, improvement, use or occupancy of the Building other than Premises. Notwithstanding the Premises)foregoing, will make (a) all repairs thereto (excluding structural repairs unless caused by Tenantin the absence of an agreement with the Sublandlord to contribute its pro rata share or amortized costs based on the Internal Revenue Service’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvements, all so as to keep the Premises in a first class condition and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereof. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside stated useful life of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and applicable assets against the like, located outside remaining Initial Term or Extended Term of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also includeSublease, but not be limited to, the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repair, subject to normal wear and tear (provided Tenant Subtenant shall not be obligated to repaint replace or incur significant repair costs to the Premises during the last two walls, roof, electric, plumbing, utility, and HVAC systems (2Major System(s)) within three (3) years of the Termexpiration of the Term of the Sublease, except as it may be extended). All building standard bulbsis necessary to prevent an abandonment determination by the City of Glendale and as provided in Section 37.20, tubes and lighting fixtures or to maintain the Building sufficient to provide for the Premises shall be provided and installed continuous operation of Subtenant’s then-existing business, if any; provided, however, this provision only applies when accompanied by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant and consented to in writing by Landlord. Tenant shall, at Tenant’s expense, but under the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to the Premises or Building caused by the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out of the Premises. Tenant shall be responsible for all janitorial service and trash removal from the Premises. Tenant covenants and agrees, at its sole cost and expense: (a) to comply with all present and future laws, orders and regulations of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s sole cost and expense, utilizing a contractor satisfactory to Landlord; and (e) that Tenant shall pay all costs, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with the provisions of this Section.
18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of Subtenant of intent not to extend the need of such repairs Sublease beyond the Initial Term or maintenance. In the event that Landlord timely fails to make a repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenanceExtended Term.
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 provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted Use.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
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. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereof, to the extent that the cost of such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions 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, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice therefor.
Appears in 1 contract
Sources: Asset Purchase Agreement (Medicine Man Technologies, Inc.)
Repairs and Maintenance. 18.1(a) Tenant shall, at Tenant's sole cost and expense, maintain the Premises in good, clean and safe condition and repair, ordinary wear and tear excepted. Other than Condominium Without limiting the generality of the foregoing, Tenant shall be solely responsible for maintaining and repairing all fixtures, electrical lighting, ceilings and flooring coverings, windows, doors, plate glass, skylights, and interior walls within the Premises. In addition, Tenant shall be responsible for all repairs made necessary by Tenant, its employees, agents, contractors or invitees. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises except as specifically set forth in this Lease. Under no circumstances shall Tenant make any repairs to the Building or to the mechanical, electrical or heating, ventilating or air conditioning systems of the Premises or the Building, unless such repairs are previously approved in writing by Landlord, which shall not be unreasonably withheld or delayed.
(b) Landlord, at its expense, shall be responsible for repairing any (i) patent defects in the Tenant Improvements constructed by Landlord, its agents, employees, contractors and/or subcontractors, for a period of one year following Substantial Completion and (ii) latent defects, and making all structural repairs to the Building and Project, and shall maintain the roof, sidewalls, and foundations of the Building in good, clean and safe condition and repair. Landlord shall also maintain all landscaping, driveways, parking lots, fences, signs, sidewalks and other exterior Project Common Areas located at the Property, if any, that are to be maintained by the Association pursuant to the Declaration (which, if Landlord controls the Association, Landlord shall cause the Association to maintain in accordance with the Declaration), Landlord shall repair and maintain the structural and exterior portions and interior Building Common Areas of the Building and the Project, including roofing and covering materials; foundations; exterior walls; plumbing; common fire sprinkler systems (if any); common heating, ventilating, air conditioning systems; common elevators; exterior windows, and common electrical systems.
18.2. Except for services of Landlord, if any, required by Section 18.1 hereof, Tenant will take good care of the Premises and the fixtures and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvements, all so as to keep the Premises Project in a first class condition condition. Landlord, at its expense, shall be responsible for maintenance and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereof. Tenant’s responsibilities shall include the maintenance, repair and replacement of all plumbing, heating, electrical, air conditioning and ventilation systems. Subject to the limitations set forth in Section 7 of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without limitationthis Lease, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises that were installed by Tenant or installed expenses incurred by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repair, subject to normal wear and tear (provided Tenant shall not be obligated to repaint the Premises during the last two (2Section 13(b) years of the Term, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be within the definition of Operating Expenses. The foregoing obligations of Landlord contained in this Section 13(b) are collectively referred to as "LANDLORD'S REPAIRS". Except as otherwise provided and installed 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 at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including making any third-party rating system concerning the environmental compliance repairs or changes which Landlord is required or permitted by this Lease or by any other tenants' lease or required by law to make in or to any portion of the Building or the Premises. Landlord shall use reasonable efforts to minimize any interference with Tenant's business at the Premises, including performing work during off-business hours, and shall provide Tenant with written notice prior to commencing any repairs or changes which might interfere with Tenant's business at the Premises. If Tenant fails to maintain the Premises in good order, condition and repair, Landlord may give Tenant thirty (30) days written notice to do such acts as are reasonably required to so maintain the same may change from Premises. If Tenant fails to promptly commence such work within such time period and diligently prosecute it to timecompletion, 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. All such repair work and maintenance and any alterations permitted Any amount so expended by Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected paid by Tenant and consented to in writing promptly after demand with interest at the "REFERENCE RATE" (formerly, "Prime Rate") then being charged by Landlord. Tenant shallthe San Francisco main office of Bank of America NT & SA plus two percent (2%) per annum, at Tenant’s expensefrom the date of such work, but under not to exceed the direction of Landlordmaximum amount then allowed by law. Except as set forth in this Lease, by contractors selected by Landlord shall have no liability to Tenant and consented to in writing by Landlordfor any damage, promptly repair any injury or damage to the Premises or Building caused by the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agentsinconvenience, or invitees permitted or invited (whether by express or implied invitation) on interference with the use of the Premises by TenantTenant as the result of performing any such work. Notwithstanding the foregoing, or by if as a result of Landlord's failure to perform the Landlord's Repair (delays due to Force Majeure Events and/or Tenant moving in or out Delays shall not constitute a Landlord's failure to perform the Landlord's Repairs), Tenant is unable to conduct business operations within the Premises, to the extent that such disruption continues for three (3) business days, for each day thereafter until such disruption ceases, Tenant shall be entitled to a single day of Base Rent-free possession of the Premises. ; provided, however, if Tenant proceeds under Section 13(b) or 13(c), such abatement shall be responsible for all janitorial service and trash removal from cease upon Tenant's completion of such repair or the Premises. date that such repair would have been completed had Tenant covenants and agreesutilized its commercially reasonable efforts, at its sole cost and expense: (a) to comply with all present and future laws, orders and regulations of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; which ever is sooner.
(c) to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant Notwithstanding any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s sole cost and expense, utilizing a contractor satisfactory to Landlord; and (e) that Tenant shall pay all costs, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with the other provisions of this Section.
18.3. Lease to the contrary, upon receipt of written notice (the "FIRST REPAIR NOTICE") from Tenant that Landlord Repairs are required, Landlord shall cause such repair to be made within a reasonable period of time given the circumstances but in no event later than thirty (30) days after it receives the Repair Notice; provided, however, that if the repair is of such a nature that it cannot be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. In the event that Landlord timely fails to make a repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance completed within thirty (30) days (which fact shall be indicated in writing delivered to Tenant by Landlord), then such longer time as reasonably necessary to complete such repairs. If Landlord fails to make the repair within the said time period, Tenant may give an additional notice (the "SECOND REPAIR NOTICE") to Landlord. If Landlord fails to commence thereafter such repair within five (5) days after Landlord’s receipt of such notice (or, if such the Second Repair Notice and thereafter diligently pursue said repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance such repair. All repairs performed by Tenant pursuant to this Section shall be made by a qualified licensed contractor(s) with sufficient expertise in such matters and in accordance with all applicable laws, statutes and ordinances. Landlord shall reimburse Tenant for its reasonable out-of-pocket Tenant's actual costs for performing the same incurred within thirty fifteen (3015) days after Landlord's receipt of an invoice a written demand from Tenant thereforTenant, which demand shall include supporting invoices. Notwithstanding anything Amounts not paid by Landlord within such time period shall accrue interest at the Reference Rate until paid in this Section to the contrary, before performing any such repairs or maintenance, Tenant shall notify full. If Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected disputes the need for such repairs repair, Landlord shall deliver written notice of such disagreement to Tenant within ten (10) days after its receipt of the Repair Notice. Notwithstanding such dispute, Tenant may cause such repair to be completed pending resolution of such dispute. The dispute shall be resolved by a mutually acceptable third party engineer, which determination shall be binding upon Landlord and Tenant. The losing party shall pay the costs of the engineer or maintenancearbitrator, whichever is applicable.
18.4. If any excavation (d) Landlord acknowledges that certain of the Landlord Repairs may have to be made on an expedited basis due to a material disruption of Tenant's business operations caused by such condition, which condition shall be made upon land adjacent referred to or under as an "EMERGENCY CONDITION." In this regard, in the Building, or shall be authorized event an Emergency Condition relating to be madea Landlord Repair exists, Tenant shall afford deliver to Landlord, by facsimile, a written notice ("EMERGENCY NOTICE") describing such Emergency Condition. The Emergency Notice shall, in bold typed across the top, stating "AN EMERGENCY SITUATION EXISTS AT THE PREMISES REQUIRING YOUR IMMEDIATE ATTENTION." In the event that Landlord fails to commence repair of the Emergency Condition within twenty-four (24) hours (if such situation occurs during non-business hours, Tenant shall utilize Landlord's paging system, the procedure for which shall be provided to Tenant prior to the person causing or authorized Commencement Date), Tenant, using licensed contractors which are qualified to cause perform such excavationtasks in compliance with applicable laws, license shall have the right to enter make the Premises for the purpose of performing Landlord Repairs; provided, however, such work as such person repairs 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 that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted Use.
18.5. Landlord and Tenant acknowledge and agree that pursuant be limited to the Declaration, the Association, temporary remediation of such Emergency Condition and not Landlord, is Landlord shall thereafter be responsible for the maintenance, full repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or condition. Landlord as the Unit Owner shall reimburse Tenant's actual expenses incurred in accordance with Section 9 hereofmaking such temporary remediation repairs within fifteen (15) days following Landlord's receipt of written demand and supporting invoices. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
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. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs incurred Amounts not paid by Landlord pursuant to this Article within such time period shall constitute Operating Expenses. Notwithstanding accrue interest at the foregoing and subject to the provisions of Section 23.7 hereof, to the extent that the cost of such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions 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, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice thereforReference Rate until paid in full.
Appears in 1 contract
Repairs and Maintenance. 18.1. Other than Condominium Common Areas located (a) Tenant shall, at the PropertyTenant's sole expense, if any, that are to be maintained by the Association pursuant to the Declaration (which, if Landlord controls the Association, Landlord shall cause the Association to maintain in accordance with the Declaration), Landlord shall repair keep 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; common fire sprinkler systems (if any); common heating, ventilating, air conditioning systems; common elevators; exterior windows, and common electrical systems.
18.2. Except for services of Landlord, if any, required by Section 18.1 hereof, Tenant will take good care of the Premises and the fixtures and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvements, all so as to keep the Premises in a first class condition and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereof. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, interior walls, heating, ventilation and air conditioning systems, operating systems, fire sprinklers, alarms, all related windows (interior and exterior), window frames, plate glass and glazing, plumbing systems (such as water and drain lines, sinks, toilets, faucets, drains, showers, and water fountains; but excluding any subsurface plumbing repairs resulting from defects in Building construction), electrical systems (such as panels, conduits, pipesoutlets, cablingand lighting fixtures, connections including lamps, bulbs, tubes, and the likeballasts), located outside heating and air conditioning systems (such as compressors, fans, air handlers, ducts, mixing boxes, thermostats, time clocks, supply and return grills), interior surfaces of the Premises Premises, store fronts, down mechanisms, latches, locks, skylights (if any), fire extinguishing systems and equipment, and all other interior improvements of any nature whatsoever, that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating are part of the Premises so as to maintain the Premises Premises. Tenant will keep such items in a good, clean and first-class condition and state of repair, subject including, without limitation, through a janitorial service contract approved by Landlord, and by replacing such items as needed, and deliver to normal Landlord physical possession of the Premises at the termination of this Lease or any sooner expiration thereof, in good condition and repair, reasonable wear and tear (provided excepted. All repairs and replacements required of Tenant shall not be obligated to repaint promptly made with new materials of like kind and quality. If the work affects the structural elements of the Premises during or if the last two estimated cost of any item of repair or replacement is in excess of One Thousand Dollars (2) years $1,000), Tenant shall first obtain Landlord's written approval of the Termscope of the work, as it may be extended). All building standard bulbs, tubes and lighting fixtures the plans for the Premises work, the materials to be used, and the contractor hired to perform the work. At Landlord's election, such maintenance responsibilities and charges shall be provided and installed performed by Landlord at Tenant’s and Tenant shall reimburse Landlord as additional rent the cost of such maintenance responsibilities and expense and must comply with Landlord’s sustainability practices, including charges. If any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time above maintenance responsibilities jointly apply to time. All Tenant and other tenant(s) of Landlord where there is common usage with other tenant(s) such repair work and maintenance and any alterations permitted by Landlord additional rent shall be done at Tenant’s sole cost allocated to the Premises by square footage or other equitable basis as calculated and expense by persons or contractors selected by Tenant and consented to in writing determined by Landlord. Tenant shall, Landlord elects as of the Commencement Date to perform the foregoing maintenance obligations under this Section 10(a) at Tenant’s expense, but under 's cost and shall provide Tenant with a minimum of sixty (60) days advance notice prior to rescinding such election and returning the direction implementation of Landlord, by contractors selected by Tenant and consented such responsibility to in writing Tenant. Notwithstanding such election as of the Commencement Date by Landlord, promptly repair any injury or damage to the Premises or Building caused by the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out of the Premises. Tenant shall be responsible for all janitorial service and trash removal from the Premises. Tenant covenants and agrees, at its sole cost and expense: (a) to comply with all present and future laws, orders and regulations of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s sole cost and expense, utilizing a contractor satisfactory to Landlord; and (e) that Tenant shall pay all costs, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with the provisions of this Section.
18.3. Landlord shall not be liable to Tenant for any the failure to make provide any repairs or to perform any such maintenance that is Landlord’s obligation pursuant to this Lease unless obligation, nor shall such failure shall persist for an unreasonable time after provide Tenant provides Landlord with written notice of the need of such repairs or maintenance. In the event that Landlord timely fails to make a repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenance.
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 provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted Use.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
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. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereof, to the extent that the cost of such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions 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 remedy under this Lease, then until such time as Landlord shall file a claim for has received written notice from Tenant detailing such excess pursuant failure and reasonable opportunity perform such obligation, or transfer such obligation to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after as permitted under this Section, following receipt of an invoice thereforsuch notice.
Appears in 1 contract
Sources: Office / R&d Lease (Improvenet Inc)
Repairs and Maintenance. 18.1. Other than Condominium Common Areas located at the Property, if any, that are to be maintained by the Association pursuant to the Declaration (which, if Landlord controls the Association, Landlord a) GECC shall cause the Association to maintain in accordance with the Declaration), 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; common fire sprinkler systems (if any); common heating, ventilating, air conditioning systems; common elevators; exterior windows, and common electrical systems.
18.2. Except for services of Landlord, if any, required by Section 18.1 hereof, Tenant will take good care of the Premises and the fixtures and improvements therein (including, without limitation, all wallsthe entranceway, doorsparking lot, ceilings driveways and lighting fixturesgrounds) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall to be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvements, all so as to keep the Premises maintained in a first class condition and state of repair, subject comparable to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereofother first class office buildings in the Atlanta area. Tenant’s responsibilities GECC shall include the maintenance, be responsible for maintaining in good repair and replacement of operational all of Tenant’s signage (both interior Building components and exterior) and all other facilities and equipment of Tenant located outside of systems serving the Premises and all improvements, systems, equipment, and other installationsSubleased Premises, including, without limitation, elevator service in the Building 24 hours a day, seven days a week, overhead lighting (and replacement of bulbs and ballasts) serving the Subleased Premises, hot and cold domestic water serving the Subleased Premises, HVAC in accordance with paragraph 8 above, electricity in accordance with paragraph 9 above and access in accordance with paragraph 12 above. In the event Building services are interrupted and render all related lines, conduits, pipes, cabling, connections and the like, located outside or any portion of the Subleased Premises untenantable for a period of more than five (5) business days, rent shall be abated during such period on a proportionate basis consistent with the portion of the Subleased Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also includeis untenantable, but not be limited to, only if the regular painting and decorating untenantable portion of the Premises so as to maintain the Premises in a first-class condition and state of repair, subject to normal wear and tear (provided Tenant shall not be obligated to repaint the Premises during the last two (2) years of the Term, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Subleased Premises, as in fact, is not used or occupied by MAPICS. If the same entire Subleased Premises remains untenantable for a period of ninety (90) consecutive days, MAPICS may change from time terminate this Sublease by written notice to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant and consented to in writing by Landlord. Tenant GECC.
(b) MAPICS shall, at Tenant’s expense, but under all times during the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to the Premises or Building caused by the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out of the Premises. Tenant shall be responsible for all janitorial service and trash removal from the Premises. Tenant covenants and agreesSublease Term, at its sole cost and expense: (a) to comply with all present and future laws, orders and regulations of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s MAPICS' sole cost and expense, utilizing a contractor satisfactory keep the Subleased Premises and every part thereof in good order, condition and repair, excepting ordinary wear and tear, damage thereto by fire, earthquake, act of God or the elements. MAPICS shall upon the expiration or sooner termination of the Sublease Term, surrender to Landlord; GECC the Subleased Premises in the same condition as when received, ordinary wear and (e) that Tenant shall pay all coststear, expensesdamage by fire, finesearthquake, penalties act of God, or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with the provisions of this Sectionelements excepted.
18.3. Landlord (c) GECC shall not be liable for any failure exercise commercially reasonable efforts to make any repairs or to perform any maintenance ensure 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 all of the need of such repairs or maintenance. In the event that Landlord timely fails to make a repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period computers and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing programmed equipment which operate any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenance.
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 provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted Use.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
18.6. This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building components shall remain operational notwithstanding the onset of the year 2000 and the Project. In potential computer problems associated with 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 Articleyear 2000.
18.7. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereof, to the extent that the cost of such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions 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, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice therefor.
Appears in 1 contract
Sources: Sublease Agreement (Mapics Inc)
Repairs and Maintenance. 18.1. Other than Condominium Common Areas located at the Property, if any, that are to be maintained by the Association pursuant to the Declaration (which, if Landlord controls the Association, Landlord shall cause the Association to repair, maintain and keep in accordance with the Declaration), Landlord shall repair and maintain 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; common fire sprinkler systems (if any); common heating, ventilating, air conditioning systems; common elevators; exterior windows, and common electrical systemssystems installed or furnished by Landlord.
18.2. Except for services of Landlord, if any, required by Section 18.1 hereof18.1, Tenant will take good care of the Premises and the fixtures and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvements, all so as to keep the Premises in a first class condition and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereof. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repair, subject to normal wear and tear (provided Tenant shall not be obligated to repaint the Premises during the last two (2) years of the Term, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant maintain and consented to keep the Premises and every part thereof in writing by Landlordgood condition and repair, damage thereto from ordinary wear and tear excepted. Tenant shall, at Tenant’s expenseupon the expiration or sooner termination of the Term, but under the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to surrender the Premises or Building caused by the misuse or neglect thereof by Tenantto Landlord in as good a condition as when received, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out of the Premises. Tenant shall be responsible for all janitorial service ordinary wear and trash removal from the Premises. Tenant covenants tear excepted; and agreesshall, at its sole cost and expense: (a) to comply with all present and future laws, orders and regulations of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort request and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s sole cost and expense, utilizing a contractor satisfactory remove all telephone and data systems, wiring and equipment from the Premises, and repair any damage to Landlord; and (e) that Tenant the Premises caused thereby. Landlord shall pay all costshave no obligation to alter, expensesremodel, finesimprove, penalties repair, decorate or damages that may be imposed on Landlord paint the Premises or Tenant by reason of Tenant’s failure to comply with the provisions of this Section.any part thereof, other than as described in Exhibit B.
18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. In the event that Landlord timely fails Tenant waives its rights under Applicable Laws now or hereafter in effect to make a repair or perform maintenance inside the Premises that is repairs at Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenanceexpense.
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 provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted UseLease.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
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.
18.718.6. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereof, to the extent that the cost of such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions 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, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice therefor.
Appears in 1 contract
Sources: Lease (Infinity Oil & Gas Co)
Repairs and Maintenance. 18.1. Other than Condominium Common Areas located at the Property, if any, that are to be maintained by the Association pursuant to the Declaration (which, if Landlord controls the Association, Landlord shall cause the Association to maintain in accordance with the Declaration), Landlord shall repair and maintain the structural and exterior portions and Common Areas Area of the Building and the Project, including roofing and covering materials; foundationsfoundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; common fire sprinkler systems (if any); common heating, ventilating, air conditioning base Building HVAC systems; common the HVAC system located within the Premises 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, including any distribution systems and any supplemental HVAC serving the Premises shall be Tenant’s obligation to maintain and repair pursuant to Section 18.2 hereof); elevators; exterior windows, and common base Building electrical systemssystems installed or furnished by Landlord.
18.2. Except for services of Landlord, if any, required by Section 18.1 hereof18.1, Tenant will take good care of the Premises and the fixtures and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvements, all so as to keep the Premises in a first class condition and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereof. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repair, subject to normal wear and tear (provided Tenant shall not be obligated to repaint the Premises during the last two (2) years of the Term, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons maintain and keep the Premises (including but not limited to any systems or contractors selected by Tenant equipment exclusively serving the Premises, but excluding the base Building HVAC systems up to the first damper or isolation valve that extends into and consented serves the Premises) and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted, and shall, within ten (10) business days after receipt of written notice from Landlord, provide to in writing by LandlordLandlord any maintenance records that Landlord reasonably requests. Tenant shall, at Tenant’s expenseupon the expiration or sooner termination of the Term, but under surrender the direction of Landlord, by contractors selected by Premises to Landlord in as good a condition as existed when the Tenant and consented to in writing Improvements are finally completed by Landlord, promptly repair any injury and with respect to Alterations, in substantially the same condition as existed on the date such Alterations are substantially completed by Tenant, ordinary wear and tear excepted. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or damage to paint the Premises or Building caused by any part thereof, other than pursuant to the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out terms and provisions of the Premises. Tenant shall be responsible for all janitorial service and trash removal from the Premises. Tenant covenants and agrees, at its sole cost and expense: (a) to comply with all present and future laws, orders and regulations of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s sole cost and expense, utilizing a contractor satisfactory to Landlord; and (e) that Tenant shall pay all costs, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with the provisions of this SectionWork Letter.
18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. In the event that Landlord timely fails Except as otherwise set forth in Section 31.12, Tenant waives its rights under Applicable Laws now or hereafter in effect to make a repair or perform maintenance inside the Premises that is repairs at Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenanceexpense.
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 provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted UseLease.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
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.
18.718.6. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and , subject to the provisions limitations on inclusion of certain costs associated with capital expenditures, as set forth in Section 23.7 hereof, to the extent that the cost of such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions 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, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice therefor9.1(c).
Appears in 1 contract
Sources: Lease Agreement (Synlogic, Inc.)
Repairs and Maintenance. 18.1. Other than Condominium Common Areas located at the Property, if any, that are to be maintained by the Association pursuant Unless due to the Declaration (whichacts or omissions of Tenant, if Landlord controls the Associationits guests, Landlords, invitees or contractors, Landlord shall cause be responsible for repairs necessary for the Association Premises to maintain in accordance with the Declaration)be habitable. If need for such repair is due to fault or neglect of Tenant, Landlord may make such repair at the expenses of Tenant and Manager will also assess Tenant a $50 administrative fee for each vendor hired to perform work on Premises at Tenant’s expense. Tenant 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; common fire sprinkler systems (if any); common heating, ventilating, air conditioning systems; common elevators; exterior windows, and common electrical systems.
18.2. Except for services of Landlord, if any, required by Section 18.1 hereof, Tenant will take good care rest of the Premises in good order and condition. Tenant’s repair and maintenance obligations include, but are not limited to, the fixtures following:
A. Comply with obligations imposed upon tenants by applicable provisions of building, health and improvements therein (includinghousing codes materially affecting health and safety.
B. Keep the Premises reasonably clean, without limitationsafe and sanitary.
C. Dispose of ashes, all wallsgarbage, doorsrubbish and other waste from the Premises in a clean, ceilings safe, sanitary and lighting fixtures) and legally compliant manner.
D. Use in a reasonable manne all electrical, plumbing, mechanical sanitary, heating, ventilating, air-conditioning and HVAC equipment exclusively serving other facilities and app iances in the Premises.
E. Not knowingly, intentionally, deliberately or negligently destroy, deface, damage, impair or remove any part of the Premises (but excluding or knowingly permit any person within Tenant’s control to do so.
F. Tenant also agrees to pay the costs to have all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions carpets professionally steam cleaned by a Company with a truck mounted steam cleaning unit at the end of the Building Lease (see Paragraph 42), at least one time annually if Lease extends beyond 12 months, and upon vacating the Premises.
G. If Tenant believes repairs are necessary for which Tenant is not responsible, Tenant shall notify Landlord in writing and request such repairs. If Tenant does not notify the Landlord of such repairs at the time the damage is incurred, any resulting compounding problems from the lack of timely notice by Tenant will be the responsibility of Tenant and grounds for eviction. If Landlord does not correct the problem within a reasonable time, Tenant shall call the Managing Broker of Dakota Property Management LLC to personally confirm that the request for repairs was received. At no time shall Tenant attempt to make a repair or make arrangements to have repaired any part of the Premises for which it is not responsible, without first obtaining written consent from Landlord.
H. Tenant shall pay reasonable charges (other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvements, all so as to keep the Premises in a first class condition and state of repair, subject to for normal wear and tear, and will neither commit nor suffer any active ) for the repair or permissive waste or injury thereof. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repair, subject to normal wear and tear (provided Tenant shall not be obligated to repaint the Premises during the last two (2) years of the Term, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant and consented to in writing by Landlord. Tenant shall, at Tenant’s expense, but under the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to the Premises or Building common areas caused by the misuse negligence, neglect, omission or neglect thereof by willful acts of Tenant, by members of Tenant’s contractorshousehold, subcontractorsTenant’s guests or invitees.
I. Where the Premises has its own sidewalk, customersentrance, employeesdriveway or parking space which is for the exclusive use of the Tenant and its guests, licenseesthe Tenant will keep the sidewalk, agentsentrance, driveway or invitees permitted parking space clean, tidy and free of objectionable material including dirt, weeds, debris, snow and ice unless these services are provided by a Condominium and/or Home Owner Associations (HOA) or invited (whether local municipality.
J. Ceiling Fans, where installed, are considered personal property and will not be replaced and/or serviced by express Landlord if a fan becomes inoperable during this Lease. Landlord will remove fan and cover the electrical connections as required by code or implied invitation) replace fan with a working light fixture if there was a light kit installed on the Premises fan or to meet code.
K. Sheds, where installed, are considered personal property and will not be replaced and/or serviced by Tenant, or by Tenant moving in or out of the Premises. Landlord during this Lease.
L. Tenant shall be responsible for professional elimination and control of all janitorial service insects and trash removal from the Premises. Tenant covenants and agreesrodents including but not limited to ants, at its sole cost and expense: (a) to comply with all present and future lawsspiders, orders and regulations of the Federalearwigs, Statemites, countywasps, municipal or other governing authorities regarding the collectionbees, sortingcockroaches, separationbed bugs, mice, rats, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s sole cost and expense, utilizing a contractor satisfactory to Landlord; and (e) that Tenant shall pay all costs, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with the provisions of this Sectionvoles.
18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after M. Tenant provides Landlord with written notice of the need of such repairs or maintenance. In the event that Landlord timely fails to make a repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenance.
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 provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted Use.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenancerepairs to piping, repair walls, ceilings, floors, etc., caused by frozen pipes due to neglect. Damage to properties from frozen pipes can occur and replacement of it is the Condominium (other than Tenant’s responsibility to ensure that:
I. Thermostats are NEVER set below 60 degrees F during the Units) and the Condominium Common Areaswinter months October-May.
II. All outside hoses are disconnected AT THE FAUCET during freezing weather conditions from October through May.
III. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereoffurnace filter is changed every three (3) months minimum.
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. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereof, to the extent that the cost of such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions 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, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice therefor.
Appears in 1 contract
Sources: Lease Agreement
Repairs and Maintenance. 18.1. Other than Condominium Common Areas located at the Property, if any, that are to be maintained by the Association pursuant to the Declaration (which, if Landlord controls the Association, Landlord shall cause the Association to maintain in accordance with the Declaration), Landlord The Institute 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; common fire sprinkler systems (if any); common heating, ventilating, air conditioning systems; common elevators; exterior windows, and common electrical systems.
18.2. Except for services of Landlord, if any, required by Section 18.1 hereof, Tenant will take good care of the Premises and the fixtures and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnationdefects, which shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvements, all so as to keep the Premises in a first class condition and state of repair, subject to normal arise from ordinary wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereofat the Institute’s expense. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without Without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repair, subject to normal wear and tear (provided Tenant shall not be obligated to repaint the Premises during the last two (2) years of the Term, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant and consented to in writing by Landlord. Tenant shall, at Tenant’s expense, but under the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to the Premises or Building defects caused by the misuse acts or neglect thereof by Tenantomissions of Resident, by TenantResident’s contractorsguests or invitees, subcontractorswill be so charged to Resident, customersincluding the cost of repair to or clearing of waste pipes and drains, employeesrepair to water pipes, licensees, agentsplumbing fixtures, or invitees permitted overflow therefrom caused by negligent or invited (whether by express improper usage or implied invitation) on the Premises by Tenant, introduction of articles or by Tenant moving in or out of materials into the Premises. Tenant shall be responsible system for all janitorial service and trash removal from which the Premises. Tenant covenants and agrees, at its sole cost and expense: (a) to comply with all present and future laws, orders and regulations of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separationsystem was not intended, and recycling including the cost of garbagerepair or replacement of damaged or missing furniture, trashfixtures, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are provided by law appliances or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s sole cost and expense, utilizing a contractor satisfactory to Landlord; and (e) that Tenant shall pay all costs, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with the provisions of this Section.
18.3equipment. Landlord The Institute shall not be liable for any failure to make any repairs or repair unless Resident has given 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 the Institute written notice of the need for repair and the Institute has had a reasonable amount of such repairs or maintenance. In the event that Landlord timely fails time to make a repair the repair. Upon the expiration or perform maintenance inside termination of this License Contract, Resident shall return the Premises that is Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes Institute in the same to completion))condition as received less reasonable wear and tear. ALTERATIONS Resident shall not make, Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenance.
18.4. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized nor suffer to be made, Tenant shall afford any alterations to the person causing Premises, or authorized any part thereof, without the Institute’s prior written consent. Without limitation, “alterations” include painting, installing antenna or satellite dish, placing or displaying signs, or using fastening devices. If Premises come furnished, the Institute will not remove or store furnishings provided in the Premises. PERSONAL PROPERTY Resident assumes all risks for personal property in Institute Housing, or any facility managed by the Housing Office. The Institute does not insure Resident’s personal property. If Resident wishes to cause insure his or her personal property, he or she shall obtain and maintain the insurance. STORAGE The Institute does not provide free storage, and is not responsible for providing storage space for Resident’s belongings. Resident is fully responsible, and assumes all risks for personal items left in facilities. At no time is the Institute responsible for such excavationitems. PETS Resident is not permitted to maintain pets except as provided by Caltech’s Pet Policy found at ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇.▇▇▇▇▇▇▇.▇▇▇/. CLEANING Room or off-campus house cleaning services will be provided once per term during the academic year. The cleaning consists of light vacuuming, license emptying trash containers and wiping the sink. Resident may obtain a cleaning schedule from the appropriate custodial office. Resident may request additional cleaning from the Housing Maintenance Office for a fee. Non-Caltech custodial vendors are not permitted to enter the clean student rooms. KEYS If Premises for the purpose of performing such work as such person shall deem necessary requires a key, one key will be issued to Resident. Resident agrees not to duplicate or desirable to preserve and protect the Building from injury or damage loan any key, and to support return all residential keys issued upon termination of this License Contract. Non-returned keys may require re-keying of Premises and the re-keying will be charged to Resident. GUESTS Resident may have an overnight guest for a maximum of three nights per month. Institute guest policy is a privilege and can be rescinded. FURNITURE, FIXTURES AND EQUIPMENT Resident acknowledges receipt in good condition of the carpeting/flooring, window coverings, furniture/furnishings and a smoke detector, without warranty, expressed or implied, by the Institute as to its condition or fitness. Resident shall not alter the Premises’ fixtures, furnishings or equipment without consent of the Institute. Upon the expiration or termination of this License Contract, Resident shall return the Premises, together with Institute’s furniture, fixtures and equipment to Institute in the same by proper foundationscondition as when received, without any claim for damages or liability against Landlord less reasonable wear and without reducing or otherwise affecting Tenant’s obligations under this Lease provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted Use.
18.5tear. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
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. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to Resident waives the provisions of California Civil Code Section 23.7 hereof1957, to the extent that the cost of such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions 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, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice thereforif applicable.
Appears in 1 contract
Repairs and Maintenance. 18.1. Other than Condominium Landlord shall be responsible for all structural repairs, including repairs to the roof and load-bearing walls of the Building, for maintaining the parking area and sidewalks, and the Common Areas located at (as hereinafter defined) in the Property, if any, that are to be maintained by the Association pursuant to the Declaration (which, if Building. Landlord controls the Association, Landlord shall cause the Association to maintain in accordance with the Declaration), Landlord shall will repair and maintain replace any glass breakage, provided it is not the structural and exterior portions and Common Areas result of the Building and the Project, including roofing and covering materials; foundations; exterior walls; plumbing; common fire sprinkler systems (if any); common heating, ventilating, air conditioning systems; common elevators; exterior windows, and common electrical systems.
18.2. Except for services of Landlord, if any, required by Section 18.1 hereof, Tenant will take good care of the Premises and the fixtures and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts willful or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which negligent act. The Tenant shall be addressed in accordance with Sections 24 responsible for the maintenance and 25 hereof), and (b) replacements to the Tenant Improvements, all so as to keep the Premises in a first class condition and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereof. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvementsfixtures, systemsappliances, equipment, light bulbs and other installationsequipment therein, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting Heating and decorating Air Conditioning system(s) serving Tenant’s suite. Landlord will pay for major Heating and Air Conditioning component replacement and all repairs to the Landlord installed heating and air conditioning system(s) in excess of the Premises so as to maintain the Premises in a first-class condition Four Hundred Dollars ($400.00) per occurrence per Heating and state of repair, subject to normal wear and tear (provided Tenant shall not be obligated to repaint the Premises during the last two (2) years of the Term, as it may be extended)Air Conditioning unit. All building standard bulbs, tubes and lighting fixtures for the Premises shall major replacements or repairs will be provided and installed performed by Landlord at Tenant’s cost unless written permission is otherwise given. Landlord hereby represents that the HVAC is in good and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning proper working order upon the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant and consented to in writing by Landlord. Tenant shall, at Tenant’s expense, but under the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to the Premises or Building caused by the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out of the PremisesCommencement Date hereof. Tenant shall be responsible for all removal of waste generated by Tenant’s operation and provide its own janitorial and cleaning service. This includes waste service and trash removal from the Premisesfees levied by local jurisdictions. Tenant covenants and agreesTenant, at its sole cost expense, shall keep all Tenant fixtures and expense: (a) to comply equipment in the Premises in safe and sanitary condition and good order and repair, together with all present and future lawsrelated plumbing, orders and regulations of the Federal, State, county, municipal electrical or other governing authorities regarding the collectionutility service, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are provided whether installed by law Tenant or Landlord’s sustainability practices; (d) that by Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at on Tenant’s sole cost and expense, utilizing a contractor satisfactory to Landlord; and (e) that behalf. Tenant shall pay for all costs, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure damage to comply with the provisions of this Section.
18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. In the event that Landlord timely fails to make a repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenance.
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 provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted Use.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
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. Unless otherwise expressly excluded from Operating Expenses pursuant any fixtures and appurtenances related thereto due to the terms hereofmalfunction, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding lack of repair, or improper installation of the foregoing and subject to the provisions of Section 23.7 hereof, to the extent that the cost of such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions 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, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance fixtures and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice thereforequipment.
Appears in 1 contract
Sources: Lease Agreement (Macrogenics Inc)
Repairs and Maintenance. 18.1. Other than Condominium Common Areas located at the Property, if any, that are to be maintained by the Association pursuant to the Declaration (which, if Landlord controls the Association, Landlord shall cause the Association to maintain in accordance with the Declaration), 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; common fire sprinkler systems (if any); common heating, ventilating, air conditioning systems; common elevators; exterior windows, and common electrical systems.
18.2. Except for services of Landlord, if any, required by Section 18.1 hereof, Tenant will take good care of the Premises and the fixtures and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvements, all so as to keep the Premises in a first class condition and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereof. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as i. Accommodation Services agree to maintain the Premises in a first-class condition and state of repair, subject to normal wear and tear (provided Tenant shall not be obligated to repaint the Premises during the last two (2) years structure of the Termproperty, the Accommodation, fixtures and fittings and to carry out repairs within a reasonable period of time after being notified of faults.
ii. Where a loss of power or heating occurs, the University will endeavour to remedy the situation as it soon as reasonably practicable. Alternative areas will be provided for student use during any sustained loss of services.
iii. When refurbishment / redevelopment work is being carried out there may be extended)some disturbance and noise. All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including The University regret any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant and consented to in writing by Landlord. Tenant shall, at Tenant’s expense, but under the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to the Premises or Building caused by the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out of the Premises. Tenant shall be responsible for all janitorial service and trash removal from the Premises. Tenant covenants and agrees, at its sole cost and expense: (a) to comply with all present and future laws, orders and regulations of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it inconvenience which may be more stringent than applicable law; (c) caused. Any disruption will be minimised and work restricted to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves standard daytime hours.
iv. Accommodation Services has the right to refuse come into the property to collect carry out reported repairs during reasonable times of the day. You hereby agree to give such access as required. In an emergency, the University reserve the right to make forcible entry to the Accommodation and the property.
v. You must report to Accommodation Services as soon as reasonably possible any damage or accept from Tenant any waste that loss to the property or the Accommodation. The following is not separate and sorted as required by lawan exhaustive list, but it sets out the types of damage which most frequently occur, and to require Tenant to arrange which you should avoid: • ever deep frying in oil; • displaying stickers, notices, messages, etc. on the walls and doors; you should only use noticeboards for this purpose; • using adhesive tape or stickers on decorated surfaces • marking furniture – move it carefully, avoid scratches and take care with liquids and sprays (such collection at Tenant’s sole cost and expenseas perfume) • marking floor coverings –irons, utilizing oil, wine, etc. • applying paint, stain, stencils or wallpaper • causing a contractor satisfactory to Landlord; and (e) that Tenant shall pay all costs, expenses, fines, penalties blockage in any pipes or damages that drains • not making sure the shower curtain is properly tucked in the shower • hanging washing from the ceiling • drying washing anywhere where there is not adequate ventilation • drying washing on the Accommodation heaters as this may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with a fire risk
vi. You must allow the provisions of this Section.
18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. In the event that Landlord timely fails to make a repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its University at reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenance.
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 times to enter the Premises Accommodation for the purpose of performing such work as such person shall deem necessary inspection, cleaning, maintenance or desirable repair. The University will not normally inspect Accommodation more than once in each Accommodation term. The University will try to preserve and protect the Building from injury give You reasonable advance warning of when Accommodation inspections are due to take place, usually by email, but this may not always be practicable. You should note that it is unlikely to be practicable to give notice when maintenance or damage and repair is required.
vii. You are also required 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 that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises permit access for the Permitted UseUniversity’s authorised contractors.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areasviii. The cost University has an obligation to run the water in your en-suite shower room or washbasin at least every 14 days to maintain water hygiene. For this reason we need to know if you are leaving your Accommodation at any time for a period of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit 14 days or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
18.6more. This Article relates is particularly likely at the Christmas and Easter semester breaks but may also be relevant if you leave Stirling for an extended work placement or return home if you are ill for instance. You should understand that your Accommodation will be accessed by University staff during the period of your absence to repairs and maintenance arising in run the ordinary course of operation of the Building and the Project. In the event of water for 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 Article5 minute period.
18.7. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereof, to the extent that the cost of such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions 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, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice therefor.
Appears in 1 contract
Sources: Occupancy Agreement
Repairs and Maintenance. 18.1. Other than Condominium Common Areas located at The Tenant shall be responsible for and shall be liable for the Property, if any, that are to be maintained cost of repairing all damage caused by the Association pursuant to Tenant's act or neglect. This includes damage caused by the Declaration (whichTenant's family, if Landlord controls the Association, Landlord shall cause the Association to maintain in accordance with the Declaration), 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; common fire sprinkler systems (if any); common heating, ventilating, air conditioning systems; common elevators; exterior windowsdomestic employees, and common electrical systems.
18.2visitors. Except for services of Landlord, if any, required by Section 18.1 hereof, Tenant will take good care of the Premises shall keep and the fixtures and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvements, all so as to keep the Premises in a first class condition and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereof. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition neat, clean, safe and state of repairsanitary condition. It is further understood that Tenant shall:
(a) allow vehicles to be driven or parked only in the driveway or garage;
(b) keep the furnace clean and change the filter in the air conditioner and/or furnace as needed for optimum efficiency and safety;
(c) keep the walks and driveway free from dirt, subject to normal wear garbage, snow and tear ice;
(provided Tenant shall not be obligated to repaint d) keep nothing flammable or dangerous on the Premises;
(e) remove from the Premises during all garbage and debris and take to the last two (2) years of the Termcurb for collection, or as it may be extended). All building standard bulbs, tubes provided by municipality or refuse disposal service and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work all state and maintenance municipal rules and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant and consented to in writing by Landlord. Tenant shall, at Tenant’s expense, but under the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to the Premises or Building caused by the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out of the Premisesregulations regarding garbage separation. Tenant shall be responsible for all janitorial service and trash removal from the Premises. Tenant covenants and agrees, at its sole cost and expense: (a) to comply with all present and future laws, orders and regulations of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s sole cost and expense, utilizing a contractor satisfactory to Landlord; and (e) that Tenant shall pay all costs, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with the provisions of this Section.
18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. In the event that Landlord timely fails to make a repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenance.
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 fines levied against the Premises for the purpose of performing non-compliance with such work as such person shall deem necessary rules;
(f) use all electric, plumbing and other facilities safely;
(g) do nothing to cause a cancellation 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 that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted Use.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included an increase in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
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. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereof, to the extent that the cost of such repairs and maintenance caused by Tenant’s acts, neglect, fault Landlord's fire or omissions exceeds liability insurance;
(h) use no more electricity than the limits wiring or feeders to the Premises can safely carry;
(i) obey any written instructions 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, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse the Landlord for the deductible therefor within thirty care and use of appliances, equipment and other personal property on the Premises
(30j) days after receipt do nothing to destroy, deface, damage, or remove any part of an invoice thereforthe Premises;
(k) do nothing to destroy the peace and quiet of the Landlord, other Tenants or persons in the neighborhood;
(l) be responsible for maintaining the lawn, shrubs, weeding, trees, and for removing leaves;
(m) be responsible for all minor repairs, defined as those repairs under $100.00. The Tenant must comply with laws, orders, rules and requirements of governmental authorities and insurance companies which have issued or are about to issue policies covering this property or its contents. The Landlord agrees to repair the Premises with reasonable promptness when the problem is caused by ▇▇▇▇▇▇'s reasonable wear and tear or by forces beyond the Tenant's control. It is further understood that while it is a ▇▇▇▇▇▇'s obligation to pay rent, it is a Landlord's obligation to maintain a habitable unit. The Landlord is not responsible for any inconvenience or interruption of services due to repairs, improvements or for any reason beyond the Landlord's control.
Appears in 1 contract
Sources: Residential Lease Agreement
Repairs and Maintenance. 18.19.1. Other than Condominium Common Areas located Lessor, at the PropertyLessor’s sole cost and expense, if anyshall repair, that are to be maintained by the Association pursuant to the Declaration (whichmaintain and keep in good condition, if Landlord controls the Association, Landlord shall cause the Association to maintain in accordance with the Declaration)standards of comparable first-class office space in the Greater Danbury area, Landlord all structural elements and the roof of the Building. Lessee shall repair and maintain promptly notify Lessor of any defective condition of the structural and exterior portions and Common Areas structure or roof of the Building of which Lessee is aware. Following such notice, Lessor shall remedy the condition with diligence and in a workmanlike manner which minimizes any disturbance to the conduct of Lessee’s business and/or the business of any permitted assignee or subtenant of Lessee. In addition, Lessor hereby warrants the building systems installed pursuant to Lessor’s Work and the Project, including roofing and covering materials; foundations; exterior walls; plumbing; common fire sprinkler building systems (if any); common heating, ventilating, air conditioning systems; common elevators; exterior windows, and common electrical systems.
18.2. Except for services of Landlord, if any, required by Section 18.1 hereof, Tenant will take good care of in the Premises and the fixtures and improvements therein Existing Building (including, without limitation, all walls, doors, ceilings and lighting fixturesthe HVAC system) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving for a period of one (1) year from the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and 25 hereof)Rent Commencement Date, and (b) replacements to the Tenant Improvements, all so as to keep the Premises in a first class condition and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereof. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repair, subject to normal wear and tear (provided Tenant shall not be obligated to repaint the Premises during the last two (2) years of the Term, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant and consented to in writing by Landlord. Tenant shall, at Tenant’s expense, but under the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to the Premises or Building caused by the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out of the Premises. Tenant shall be responsible for all janitorial service repair and trash removal from maintenance of the Premisessame (to the extent required) during such warranty period, and Lessor shall be responsible for balancing the new HVAC system with the existing system within the Existing Building.
9.2. Tenant covenants Subject to the obligations of Lessor pursuant to Section 9.1 above, on and agreesafter the Rent Commencement Date, Lessee, at its sole cost and expense: (a) to comply with all present and future laws, orders and regulations of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at TenantLessee’s sole cost and expense, utilizing a contractor satisfactory to Landlord; shall repair and maintain in good condition, in accordance with the standards of comparable first-class office space in the Greater Danbury area, the Building and the Building’s systems and equipment therein including (ebut not limited to) that Tenant shall pay repair and maintenance of all costselevators, expensesHVAC systems, finesboilers, penalties or damages that may be imposed on Landlord or Tenant by reason mechanical systems, electrical systems, sprinklers, security systems, plumbing systems and associated equipment within the Building. Notwithstanding the foregoing, the cost of Tenant’s failure all Capital Expenses necessary to comply with the provisions of this Section.
18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. In the event that Landlord timely fails to make a repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenance.
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 TenantLessee’s obligations under this Lease Section 9.2 shall be allocated between Lessor and Lessee in the same manner as provided in Section 3.2 above.
9.3. Lessee shall at all times keep the hallways and entrances to the Building free and clear of debris, and shall also provide for interior janitorial service (including carpet maintenance), interior painting (and re-painting, where necessary), replacement of lighting ballasts and bulbs, and interior and exterior window cleaning. Lessor shall assign to Lessee or make available for Lessee’s benefit, all warranties, guaranties and service contracts with respect to the Building or any part thereof.
9.4. Lessee shall, at Lessee’s sole cost and expense, repair and maintain, in a manner consistent with comparable Class A office buildings, the parking area, access roads, sidewalks, lawns and planting areas at the Premises, which maintenance shall include, as necessary, desirable or appropriate the mowing, landscaping, plowing, sanding and sweeping thereof. With respect to the access roads that such entry does do not materially adversely affect Tenant’s beneficial use and occupancy form a part of the Premises for but are within the Permitted UsePark, Lessor shall maintain the same in a manner consistent with that of comparable business parks, including sanding and plowing, and Lessee shall pay Lessee’s pro rata share of the cost thereof to Lessor, as shall be reasonably determined by Lessor.
18.59.5. Landlord and Tenant acknowledge and agree that pursuant Lessee shall not permit, allow or cause any act or deed to be performed or any practice to be adopted or followed on the Premises and/or within the Building which shall cause or be likely to cause injury or damage to any person or to the Declaration, Premises or to any part thereof. Lessee at all times shall keep the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) Premises and the Condominium Common AreasBuilding in a neat and orderly condition and clean and free from rubbish, dirt and other miscellaneous items. The cost of the foregoing items Lessee shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
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. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereof, to the extent that the cost of such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions exceeds the limits of any insurance maintained or required make provision for adequate refuse containers to be maintained by Tenant pursuant to this Lease but are covered by insurance maintained or required placed upon the Premises in areas to be maintained designated by Landlord under this Lease, then Landlord Lessor and shall file a claim for cause the same to be emptied periodically. Lessee shall deposit all refuse in such excess pursuant to Landlord’s insurance containers and Tenant shall reimburse Landlord for keep the deductible therefor within thirty (30) days after receipt of an invoice thereforarea around such containers reasonably neat and attractive.
Appears in 1 contract
Sources: Lease Agreement (Realogy Corp)
Repairs and Maintenance. 18.1. Other than Condominium Common Areas located at the Property, if any, that are to be maintained by the Association pursuant to the Declaration (which, if Landlord controls the AssociationExcept for those repairs described in Schedule 11.1 and any other repairs Tenant has assumed herein, Landlord shall cause agrees, throughout the Association term of this Lease Agreement, to maintain in accordance with the Declaration)and make any repairs and replacements, Landlord shall repair and structural or otherwise, necessary to maintain the structural Leased Premises in good condition and exterior portions and Common Areas of the Building and the Projectrepair, including roofing and covering materials; foundations; exterior walls; plumbing; common fire sprinkler systems but not limited to repairs to any (if any); common heating, ventilating, air i) heating or air-conditioning systems; common elevators; exterior windows, and common electrical systems.
18.2. Except for services of Landlord, if any, required by Section 18.1 hereof, Tenant will take good care of the Premises and the fixtures and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, system which shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvements, all so as to keep the Premises in a first class condition and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereof. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating to quarterly maintenance of the Premises so as heating and air conditioning systems, (ii) all mechanical, water and sanitary sewer systems, (iii) replacements to maintain common lighting fixtures, (iv) wiring and electrical systems, including, but not limited to the Premises in a first-class condition electrical switch gear, and state of repair(v) all replacements to common plumbing fixtures; provided, subject to normal wear and tear (provided Tenant however, Landlord shall not be obligated required to repaint replace anything that Tenant has agreed and failed to maintain properly. Landlord shall also maintain the Common Areas, including but not limited to, driveways, parking lots, sidewalks, and water and sewer fixtures and lines located outside the Leased Premises, and perform any necessary ground maintenance, including snow removal, lawn-mowing and weed control. Tenant agrees at its expense, throughout the term of this Lease Agreement to maintain and make any repairs necessary to maintain in good condition and repair the non common electrical, lighting and plumbing fixtures and other items serving the Leased Premises during the last two (2) years that are not part of the Term, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building heating or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant and consented to in writing by Landlordair conditioning system. Tenant shallagrees, at Tenant’s expenseits expense throughout the term of this Lease Agreement, but under the direction of Landlordto make those repairs described in Schedule 11.1. Any and all loss, by contractors selected by Tenant and consented to in writing by Landlordinjury, promptly repair any injury breakage or damage to the Leased Premises or the Building caused by the misuse of which they are a part, caused, directly or neglect thereof by Tenantindirectly, by Tenant’s Tenant or its agents, contractors, subcontractorsemployees and invitees, customers, employees, licensees, agents, including individuals and persons making deliveries to or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out of the Premises. Tenant shall be responsible for all janitorial service and trash removal from the Leased Premises. Tenant covenants and agrees, at its sole cost and expense: (a) to comply with all present and future laws, orders and regulations of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s sole cost and expense, utilizing a contractor satisfactory to Landlord; and (e) that Tenant shall pay all costs, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with the provisions of this Section.
18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. In the event that Landlord timely fails to make a repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenance.
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 provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted Use.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
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. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereof, except to the extent that the foregoing is inconsistent with the provisions of the "Waiver of Subrogation" set forth in this Lease, shall be repaired by Landlord. In the event such loss, injury, breakage or damage is not covered by insurance, repairs of the foregoing shall be made at the sole expense of Tenant. Payment of the cost of such repairs by Tenant shall be immediately due and maintenance caused by Tenant’s acts, neglect, fault or omissions exceeds the limits payable as additional rent. This provision shall not be in limitation of any insurance maintained other rights and remedies which Landlord has 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, then Landlord shall file a claim for may have in such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice thereforcircumstances.
Appears in 1 contract
Sources: Lease Agreement (Advanced Lighting Technologies Inc)
Repairs and Maintenance. 18.1. Other than Condominium Common Areas located The Lessee covenants and agrees at the Property, if any, that are its sole expense to be maintained by the Association pursuant to the Declaration (which, if Landlord controls the Association, Landlord shall cause the Association to keep and maintain in accordance with the Declaration), Landlord shall repair good order 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; common fire sprinkler systems (if any); common heating, ventilating, air conditioning systems; common elevators; exterior windows, and common electrical systems.
18.2. Except for services of Landlord, if any, required by Section 18.1 hereof, Tenant will take good care of the Premises and the fixtures and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make (a) all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvements, all so as to keep the Premises in a first class condition and state repair the interior and nonstructural portions of repairthe Leased Premises, subject to normal wear visible plumbing, light bulbs, paint and tearwallpaper on interior walls, ceiling tiles, and will neither commit nor suffer any active or permissive waste or injury thereof. Tenant’s responsibilities shall include similar things used exclusively for the maintenanceLeased Premises, repair heating and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, air conditioning equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections further agrees to replace any of said equipment when necessary. Such cost of HVAC will not exceed $500.00 annually. Lessee shall keep the Leased Premises and the likeFixtures and equipment therein a clean, located outside safe and sanitary condition. The Lessee shall keep and maintain all portions of the Leased Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Leaseand the sidewalk and areas adjoining the same in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice. Tenant’s responsibilities Lessee shall conserve heat, air conditioning, water, and electricity and shall use due care in conjunction therewith shall also include, but not be limited to, the regular painting and decorating use of the Leased Premises so as to maintain and of the Premises in a first-class condition common areas on the Property and state of repairwithout qualifying the foregoing, subject to normal wear and tear (provided Tenant shall not be obligated neglect or misuse water fixtures, electric lights and heating and air conditioning apparatus. Lessee shall pay promptly to repaint Lessor forthwith, upon demand, an amount equal to any cost incurred by Lessor in repairing the Leased Premises during or the last two (2) years Building where such repair was made necessary by the negligence of, or misuse by Lessee or an employee, customer or invitee of the Term, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant and consented to in writing by Landlord. Tenant shall, at Tenant’s expense, but under the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to the Premises or Building caused by the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by TenantLessee, or by Tenant moving reason of any open window in or out of the Leased Premises. Tenant shall be responsible for all janitorial service and trash removal from the PremisesLessee will maintain a minimum temperature to prevent freeze-up. Tenant covenants and agreesLessee, at its sole cost and expense: (a) to comply expense shall maintain a regularly scheduled preventative, maintenance/service contract with a maintenance contractor for the service of all present hot water, heating and future lawsair conditioning systems and equipment within or servicing the Leased Premises. The maintenance contractor and contract must be approved by Lessor and must include monthly servicing, orders replacement of filters, replacement or adjustment of drive belts, periodical lubrication and regulations of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish oil change and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are provided services suggested by law the equipment manufacturer or Landlord’s sustainability practices; (d) that Landlord reserves by the right to refuse to collect contractor. Such cost or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s sole cost and expense, utilizing a contractor satisfactory to Landlord; and (e) that Tenant shall pay all costs, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with the provisions of this Section.
18.3. Landlord replacement shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. In the event that Landlord timely fails to make a repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenanceexceed $500.00 annually.
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 provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted Use.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
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. Unless otherwise expressly excluded from Operating Expenses pursuant to the terms hereof, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereof, to the extent that the cost of such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions 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, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice therefor.
Appears in 1 contract