Common use of Repairs and Maintenance Clause in Contracts

Repairs and Maintenance. (A) Lessee covenants and agrees to keep and maintain in good order, condition and repair the interior and exterior of the Leased Premises during the term of the Lease, or any renewal terms, and further agrees that Lessor shall be under no obligation to make any repairs or perform any maintenance to the Leased Premises. Lessee covenants and agrees that it shall be responsible for all repairs, alterations, replacements, or maintenance of, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items. (B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixtures. In the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additions.

Appears in 17 contracts

Samples: Net Lease Agreement (Aei Income & Growth Fund 24 LLC), Net Lease Agreement (Aei Net Lease Income & Growth Fund Xix Limited Partnership), Net Lease Agreement (Aei Real Estate Fund 85-a LTD Partnership)

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Repairs and Maintenance. (A) Lessee covenants and agrees to keep and maintain in good order, condition and repair the interior and exterior of the Leased Premises during the term of the Lease, or any renewal terms, and further agrees that Lessor shall be under no obligation to make any repairs or perform any maintenance to the Leased Premises. Lessee covenants and agrees that it shall be responsible for all repairs, alterations, replacements, or maintenance of, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items. (B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following upon demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty One Hundred Thousand Dollars ($50,000.00100,000.00), provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty One Hundred Thousand Dollars ($50,000.00100,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixtures. In the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additions.

Appears in 12 contracts

Samples: Net Lease Agreement (Aei Real Estate Fund Xv LTD Partnership), Net Lease Agreement (Aei Real Estate Fund Xvii Limited Partnership), Net Lease Agreement (Aei Income & Growth Fund 23 LLC)

Repairs and Maintenance. (A) Lessee covenants and agrees to keep and maintain in good order, condition and repair the interior and exterior of the Leased Premises during the term of the Lease, or any renewal terms, and further agrees that Lessor shall be under no obligation to make any repairs or perform any maintenance to the Leased Premises. Lessee covenants and agrees that it shall be responsible for all repairs, alterations, replacements, or maintenance ofof the Leased Premises, including but without limitation to or of: The limitation, interior and exterior portions of all doors; , door checks and operators; , windows; , plate glass; , plumbing; , water and sewage facilities; , fixtures; , electrical equipment; , interior walls; , ceilings; , signs; roof; structure; , interior building appliances and similar equipment; , heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessarynecessary based upon reasonable facility management practices. Lessee further agrees to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items. (B) If after written notice and a 90 day cure period (except in the event of emergencies), Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following upon demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), 50,000 provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) 50,000 or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayedwithheld. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor. Lessee further agrees, except for Lessee's moveable trade fixtures. In in the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise arising out of or result resulting from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additionsrepairs required by the terms of this Lease.

Appears in 9 contracts

Samples: Net Lease Agreement (Aei Net Lease Income & Growth Fund Xx Limited Partnership), Net Lease Agreement (Aei Income & Growth Fund Xxii LTD Partnership), Net Lease Agreement (Aei Income & Growth Fund Xxi LTD Partnership)

Repairs and Maintenance. (A) Subject to the provisions of Articles 12 and 15 hereof, Lessee covenants and agrees to keep and maintain in good order, condition and repair the interior and exterior of the Leased Premises during the term Term of the Lease, or any renewal termsRenewal Terms, and further agrees that Lessor shall be under no obligation to make any repairs or perform any maintenance to the Leased Premises. Lessee covenants and agrees that it shall be responsible for all repairs, alterations, replacements, or maintenance of, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto (if any) and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items. (B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term Term of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty One Hundred Thousand Dollars ($50,000.00100,000.00), provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty One Hundred Thousand Dollars ($50,000.00100,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixtures. In the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additions.

Appears in 8 contracts

Samples: Net Lease Agreement (Aei Real Estate Fund Xviii Limited Partnership), Net Lease Agreement (Aei Net Lease Income & Growth Fund Xix Limited Partnership), Net Lease Agreement (Aei Real Estate Fund Xvii Limited Partnership)

Repairs and Maintenance. (A) Lessee covenants and agrees to keep and maintain in good order, condition and repair the interior and exterior of the Leased Premises during the term of the Lease, or any renewal terms, and further agrees that Lessor shall be under no obligation to make any repairs or perform any maintenance to the Leased Premises. Lessee covenants and agrees that it shall be responsible for all repairs, alterations, replacements, or maintenance of, including but without limitation to or of: The limitation, interior and exterior portions of all doors; , door checks and operators; , windows; , plate glass; , plumbing; , water and sewage facilities; , fixtures; , electrical equipment; , interior walls; , ceilings; , signs; roof; structure; , interior building appliances and similar equipment; , heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to be replace any of said equipment when necessary. Lessee further agrees to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items. (B) If after written notice and a 90 day cure period (except in the event of emergencies), Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following upon demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), 50,000 provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) 50,000 or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayedwithheld. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor. Lessee further agrees, except for Lessee's moveable trade fixtures. In in the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise arising out of or result resulting from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additions.

Appears in 6 contracts

Samples: Net Lease Agreement (Aei Income & Growth Fund Xxii LTD Partnership), Net Lease Agreement (Aei Income & Growth Fund Xxii LTD Partnership), Net Lease Agreement (Aei Income & Growth Fund Xxii LTD Partnership)

Repairs and Maintenance. (A) Lessee covenants and agrees to keep and maintain in good order, condition and repair the interior and exterior of the Leased Premises during the term of the Lease, or any renewal terms, and further agrees that Lessor shall be under no obligation to make any repairs or perform any maintenance to the Leased Premises. Lessee covenants and agrees that it shall be responsible for all repairs, alterations, replacements, or maintenance of, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto (if any) and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items. (B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixtures. In the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additions.

Appears in 6 contracts

Samples: Net Lease Agreement (Aei Income & Growth Fund Xxii LTD Partnership), Net Lease Agreement (Aei Income & Growth Fund 23 LLC), Net Lease Agreement (Aei Income & Growth Fund Xxi LTD Partnership)

Repairs and Maintenance. (A) Lessee covenants and agrees to keep and maintain in good order, condition and repair the interior and exterior of the Leased Premises during the term of the Lease, or any renewal terms, and further agrees that Lessor shall be under no obligation to make any repairs or perform any maintenance to the Leased Premises. Lessee covenants and agrees that it shall be responsible for all repairs, alterations, replacements, or maintenance of, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference, if any; and further agrees to replace any of said equipment when necessary. Lessee further agrees to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items. (B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following upon demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty One Hundred Thousand Dollars ($50,000.00100,000.00), provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty One Hundred Thousand Dollars ($50,000.00100,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixtures. In the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additions.

Appears in 6 contracts

Samples: Net Lease Agreement (Aei Net Lease Income & Growth Fund Xx Limited Partnership), Net Lease Agreement (Aei Net Lease Income & Growth Fund Xix Limited Partnership), Net Lease Agreement (Aei Income & Growth Fund 25 LLC)

Repairs and Maintenance. (A) Lessee covenants and agrees to keep and maintain in good order, condition and repair the interior and exterior of the Leased Premises during the term of the Lease, or any renewal terms, and further agrees that Lessor shall be under no obligation to make any repairs or perform any maintenance to the Leased Premises. Lessee covenants and agrees that it shall be responsible for all repairs, alterations, replacements, or maintenance of, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbingplumbing (to the extent solely located within the Leased Premises); water and sewage facilitiesfacilities (to the extent solely located within the Leased Premises); fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items. (B) If Lessee refuses or neglects to commence or complete structural repairs or repairs that materially and adversely affect the value of the Leased Premises promptly and adequately, after Lessor may, upon giving Lessee no less than thirty (30) days prior written notice thereof and an opportunity to commence and diligently pursue such repairs (provided that Lessor may cause such repairs to be made upon less than thirty days notice, but after notice to Lessee, to the extent required in order to avoid additional waste to the Leased Premises or in the event of an emergency requiring immediate correction, if Lessee has not commenced such repairs as required under Article 16(B) (except in cases of emergency may be necessary to prevent such waste or preserve the safety and integrity of to the Leased Premises, in which case no notice need be givenPremises or correct such emergency), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the reasonable-out-of-pocket cost thereof to Lessor within five (5) business days following upon demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee is not then in default hereunderhereunder beyond applicable grace or cure periods, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs Lessor. The plans and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any specifications for any repairs or improvements in excess of Fifty One Hundred Thousand Dollars ($50,000.00100,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld withheld, conditioned or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixtures. In the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additions, unless, in each such case, caused by Lessor's negligence or willful misconduct.

Appears in 4 contracts

Samples: Net Lease Agreement (Aei Income & Growth Fund Xxii LTD Partnership), Net Lease Agreement (Aei Income & Growth Fund 24 LLC), Net Lease Agreement (Aei Income & Growth Fund 25 LLC)

Repairs and Maintenance. (A) A. Lessee covenants and agrees to keep and maintain in good order, condition and repair the interior and exterior of the Leased Premises during the term of the Lease, or any renewal terms, and further agrees that Lessor shall be under no obligation to make any repairs or perform any maintenance to the Leased Premises. Lessee covenants and agrees that it shall be responsible for all repairs, alterations, replacements, or maintenance of, including but without limitation to or of: The the interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; equipment and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further reference and, further, agrees to replace any of said such Lessor's equipment when as necessary. Lessee further agrees to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot (including parking lines, seal coating, and blacktop surfacing), within the Leased Premises and other similar items. (B) B. If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five seven (57) business days following demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee is not then in default hereunderof this lease beyond the applicable cure period following notice from Lessor, Lessee shall have the right to make repairs and improvements to the Leased Premises without the prior written consent of Lessor if such repairs and improvements (1) are nonstructural and do not exceed Fifty Thousand Dollars $150,000 in cost or ($50,000.00), provided such repairs or improvements do not 2) affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Premises but do not exceed One Hundred Thousand Dollars ($50,000.00100,000.00) in cost. Lessor's consent to all other repairs or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent improvements shall not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixtures. In the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additions.

Appears in 3 contracts

Samples: Lease Agreement (Aei Real Estate Fund 85-a LTD Partnership), Lease Agreement (Aei Income & Growth Fund Xxii LTD Partnership), Lease Agreement (Aei Net Lease Income & Growth Fund Xix Limited Partnership)

Repairs and Maintenance. (A) Lessee covenants and agrees to keep and maintain in good order, condition and repair the interior and exterior of the Leased Premises during the term of the Lease, or any renewal terms, and further agrees that Lessor shall be under no obligation to make any repairs or perform any maintenance to the Leased Premises. Lessee covenants and agrees that it shall be responsible for all repairs, alterations, replacements, or maintenance of, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized itemized, if any, on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items. (B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixtures. In the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additions.

Appears in 3 contracts

Samples: Net Lease Agreement (Aei Real Estate Fund Xvii Limited Partnership), Net Lease Agreement (Aei Real Estate Fund Xvii Limited Partnership), Net Lease Agreement (Aei Real Estate Fund Xv LTD Partnership)

Repairs and Maintenance. (A) Lessee X. Xxxxxx covenants and agrees to keep and maintain in good order, condition and repair the interior and exterior of the Leased Premises during the term of the Lease, or any renewal terms, and further agrees that Lessor shall be under no obligation to make any repairs or perform any maintenance to the Leased Premises. Lessee covenants and agrees that it shall be responsible for all repairs, alterations, replacements, or maintenance of, including but without limitation to or of: The the interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; equipment and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further reference and, further, agrees to replace any of said such Xxxxxx's equipment when as necessary. Lessee Xxxxxx further agrees to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot (including parking lines, seal coating, and blacktop surfacing), within the Leased Premises and other similar items. (B) B. If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five seven (57) business days following demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee is not then in default hereunderof this lease beyond the applicable cure period following notice from Lessor, Lessee shall have the right to make repairs and improvements to the Leased Premises without the prior written consent of Lessor if such repairs and improvements (1) are nonstructural and do not exceed Fifty Thousand Dollars $150,000 in cost or ($50,000.00), provided such repairs or improvements do not 2) affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Premises but do not exceed One Hundred Thousand Dollars ($50,000.00100,000.00) in cost. Lessor's consent to all other repairs or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent improvements shall not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for LesseeXxxxxx's moveable trade fixtures. In the event of making such alterations as herein provided, Lessee Xxxxxx further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise Xxxxx Xxxxxxxxx Xxxxx Xxxxxx /s/ XX Xxxxxx /s/ RPJ 5/28/99 out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or LesseeXxxxxx's failure to make said repairs, improvements, alterations or additions.

Appears in 3 contracts

Samples: Sale and Purchase Agreement (Aei Net Lease Income & Growth Fund Xix Limited Partnership), Sale and Purchase Agreement (Aei Income & Growth Fund Xxii LTD Partnership), Sale and Purchase Agreement (Aei Real Estate Fund 85-a LTD Partnership)

Repairs and Maintenance. (A) Lessee covenants and agrees A. Subject to provisions of paragraph 15, Lessor shall keep and maintain in good order, condition and repair the interior and exterior structural elements of the Leased Premises during including the roof, roof membrane, paving, floor slab, foundation, exterior walls, landscaping, irrigation and elevators. Lessor shall make such repairs, replacements, alterations or improvements as Lessor deems reasonably necessary with respect to such structural elements and Lessee shall pay to Lessor, within ten (10) business days of Lessor's invoice to Lessee therefor, Lessee's pro- rata share of such repairs, replacements, alterations or improvements; provided, however, that replacement and improvement costs in excess of $5,000 per occurrence shall be amortized over the useful life of such replacements or improvements, and Lessee shall be obligated to pay, as additional rent, only the amount which coincides with the remaining term of the Lease. Notwithstanding the foregoing, if the reason for any repair, replacement, alteration or any renewal termsimprovement is caused by Lessee or arises because of a breach of Lessee's obligations under this Lease, then Lessee shall pay 100% of the costs or expense to remedy the same. B. Except as expressly provided in Subparagraph A above, Lessee shall, at its sole cost, keep and maintain the entire Premises and every part thereof, including, without limitation, the windows, window frames, plate glass, glazing, truck doors, doors, all door hardware, interior of the Premises, interior walls and partitions, and further agrees that Lessor shall be under no obligation to make any repairs or perform any maintenance to the Leased Premises. Lessee covenants and agrees that it shall be responsible for all repairselectrical, alterationsplumbing, replacementslighting, or maintenance ofheating, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; systems in good and any equipment owned by Lessor sanitary order, condition, and leased repair subject to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessarythe limitations set forth in Section 11A above. Lessee further agrees to be responsible forshall, at its own all times during the Lease term and at his expense, snow removal, lawn maintenance, landscaping, have in effect a service contract for the maintenance of the parking lot (including parking linesheating, seal coatingventilating, and blacktop surfacing), and other similar items. air-conditioning (BHVAC) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following demand. It is understood that Lessee shall pay all expenses equipment with an HVAC repair and maintenance contractor approved by Lessor which provides for periodic inspection and repair servicing at least once every three (3) months during the term hereof. Lessee shall further provide Lessor with a copy of this Leasesuch contract and all periodic service reports. If Should Lessee is not then fail to maintain the Premises or make repairs required of Lessee hereunder forthwith upon notice from Lessor, Lessor, in default hereunderaddition to all other remedies available hereunder or by law, and without waiving any alternative remedies, may make the same, and in that event, Lessee shall have reimburse Lessor as additional rent for the right cost of such maintenance or repairs on the next date upon which rent becomes due. Lessee hereby expressly waives the provision of Subsection 1 of Section 1932, and Sections 1941 and 1942 of the Civil Code of California and all rights to make repairs and improvements to at the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent expense of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made as provided in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixtures. In the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making Section 942 of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additionsCivil Code.

Appears in 3 contracts

Samples: Lease (Oratec Interventions Inc), Lease (Oratec Interventions Inc), Lease (Oratec Interventions Inc)

Repairs and Maintenance. (A) Lessee covenants 18.1. Tenant, at its sole cost and agrees to expense, shall maintain and keep the Premises, all improvements thereon, and maintain all appurtenances thereto, including sidewalks, parking areas, curbs, roads, driveways, lighting standards, landscaping, sewers, water, gas and electrical distribution systems and facilities, drainage facilities, and all signs, both illuminated and non-illuminated that are now or hereafter on the Premises, in good order, condition and repair in a manner consistent with the interior and exterior of the Leased Premises during the term of the Lease, or any renewal terms, and further agrees that Lessor Permitted Use. Tenant shall be under no obligation to make any repairs or perform any maintenance to the Leased Premises. Lessee covenants and agrees that it shall be responsible for all repairs, replacements and improvements, including all structural, roof, HVAC, plumbing and electrical repairs, replacements and improvements required, and shall keep the same free and clear from all rubbish, debris, insects, rodents and other vermin and pests. Tenant, within thirty (30) days after Landlord’s request, shall provide to Landlord a copy of the budget for maintenance, repairs and replacements at the Premises for the current calendar year, as well as a detailed summary of the amounts actually expended by Tenant during the preceding calendar year for maintenance, repairs and replacements at the Premises. All repairs made by Tenant shall be at least equal in quality to 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, replacementsrepairs, additions or maintenance of, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees improvements to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items. (B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements performed do not exceed Fifty Twenty-Five Thousand Dollars ($50,000.00)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, provided such repairs the taking or improvements do not affect omission of which shall cause waste, damage or injury to the structural integrity 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 defined below) arising out of the Leased Premisesfailure of Tenant or Tenant’s Agents to perform the covenants contained in this paragraph. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises “Tenant’s Agents” shall be made in accordance with all applicable laws defined to include Tenant’s officers, employees, agents, contractors, invitees, customers and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixtures. In the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additionssubcontractors.

Appears in 2 contracts

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

Repairs and Maintenance. (A) The Lessee covenants shall maintain the leased premises in a good state of repair and agrees to keep be responsible for the costs of maintenance and maintain in good orderrepairs. He will, condition and among other things, be responsible for the repair the interior and exterior and, if necessary, replacement of the Leased Premises during the term locks of the Leasedoors, windows, hinges and handles, taps, interior paint work, flooring and the like. All private drainage systems and pipes need to be maintained and cleaned and in such a state that no blockage is possible. He will maintain the water pipes and the central heating (as far as these are private, otherwise through the maintenance contract) and, when necessary, protect them from frost. The Lessor or any renewal termsmanager of the building can close maintenance contracts for this purpose on the behalf of the Lessee. All defects, damage, and further agrees the like are presumed to have arisen after the effective date of this lease agreement, with the exception of those listed in the delivery report, and are to be borne by the Lessee. Only the hidden defects of the leased premises that impede the use thereof and that are reported within twelve months after the signing of the contract to the Lessor shall be under no obligation borne by the Lessor. It is agreed that only major and structural repair work, in accordance with Section 606 Civil Code, will be borne by the Lessor, as far as they are not caused by the failure of the repairs or errors of the Lessee. The Lessee must immediately report to make the Lessor by registered letter which obligations he believes the Lessor should have to fulfill. The damage or inconvenience sustained by failing to recognize this notification requirement will be borne by the Lessee. The Lessee will tolerate any repairs or perform renovations performed by the Lessor to fulfill his obligations regarding major repairs, as defined, and this without any maintenance right to compensation or reduction of the rental price. However, if the works result in a permanent unavailability of more than fourteen days and of at least twenty percent (20%) of the leased premises, then the Lessee and the Lessor will hold consultations regarding a rent reduction. The Lessee will always grant access to the Leased Premises. Lessee covenants and agrees that it shall Lessor or his representative to all leased premises, in order to carry out the necessary inspections and/or to be responsible for all able to perform repairs, alterations, replacements, or maintenance of, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance verify the state of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items. (B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), leased premises. The Lessor may cause such repairs to be made, but shall not be required liable for any interruption of services or utilities of the building or the consequences thereof, unless the interruption is caused by his willful misconduct, fraud or gross negligence. The Lessor can give notice to do sothe Lessee by registered mail, demanding that he carries out the necessary repair work and Lessee shall pay to end this within thirty days after sending this letter. The Lessor has no task of supervision or control over the cost thereof to Lessor within five (5) business days following demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without like that the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixtures. In the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additionsmust perform.

Appears in 2 contracts

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

Repairs and Maintenance. (A) Lessee covenants and agrees to keep and maintain in good order, condition and repair the interior and exterior of the Leased Premises during the term of the Lease, or any renewal terms, and further agrees that Lessor shall be under no obligation to make any repairs or perform any maintenance to the Leased Premises. Lessee covenants and agrees that it shall be responsible for all repairs, alterations, replacements, or maintenance of, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items. (B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Seventy-Five Thousand Dollars ($50,000.0075,000.00), provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Seventy-Five Thousand Dollars ($50,000.0075,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixtures. In the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additions.

Appears in 2 contracts

Samples: Net Lease Agreement (Aei Income & Growth Fund Xxii LTD Partnership), Net Lease Agreement (Aei Real Estate Fund Xvii Limited Partnership)

Repairs and Maintenance. (A) Lessee covenants and agrees to keep and maintain in good order, condition and repair the interior and exterior of the Leased Premises during the term of the Lease, or any renewal terms, and further agrees that Lessor shall be under no obligation to make any repairs or perform any maintenance to the Leased Premises. Lessee covenants and agrees that it shall be responsible for all repairs, alterations, replacements, or maintenance of, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto (if any) and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee Xxxxxx further agrees to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items. (B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee Xxxxxx is not then in default hereunder, Lessee Xxxxxx shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for LesseeXxxxxx's moveable trade fixtures. In the event of making such alterations as herein provided, Lessee Xxxxxx further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or LesseeXxxxxx's failure to make said repairs, improvements, alterations or additions.

Appears in 2 contracts

Samples: Development Financing and Leasing Commitment (Aei Real Estate Fund Xviii Limited Partnership), Development Financing and Leasing Commitment (Aei Income & Growth Fund 23 LLC)

Repairs and Maintenance. Tenant’s repair and maintenance obligations include, without limitation, repairs to and maintenance of (Aa) Lessee covenants the roof, foundation and agrees to keep structural elements of the Building; (b) mechanical (including HVAC), electrical, plumbing and maintain fire/life safety systems serving the Building and Premises in good ordergeneral; (c) the lawn, condition walkways and repair parking areas Commercial Lease Agreement Video Display Corporation 0000 Xxxxxx Xxxxxxxxxx Road, Tucker, Georgia 6 of the Premises; (d) the Easement Areas; (e) interior and exterior walls and doors of the Leased Premises during Building; (f) interior and exterior windows; (g) any elevators serving the term of the LeaseBuilding; (h) floor covering, or interior partitions, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone and data cabling, wiring and related equipment (collectively, “Cable”); (j) supplemental air conditioning units; and (k) Alterations, including, without limitation, any renewal terms, and further agrees that Lessor shall be under no obligation Initial Alterations. If Tenant fails to make any repairs or perform any maintenance to the Leased Premises. Lessee covenants and agrees that it shall be responsible Premises for all repairs, alterations, replacements, or maintenance of, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot more than fifteen (including parking lines, seal coating, and blacktop surfacing), and other similar items. 15) days after notice from Landlord (B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written although notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do soin an emergency), Landlord may make the repairs, and Lessee Tenant shall pay the reasonable cost thereof of the repairs, together with an administrative charge in an amount equal to Lessor within five fifteen percent (515%) business days following demandof the cost of the repairs. It is understood that Lessee shall pay all expenses and maintenance and repair during To the term of this Lease. If Lessee extent Landlord is not then in default hereunderreimbursed by insurance proceeds, Lessee Tenant shall have reimburse Landlord for the right to make repairs and improvements cost of repairing damage to the Leased Premises without Building caused by Tenant’s failure to maintain the consent insurance coverage required by this Lease and/or caused the acts of Lessor if such repairs Tenant, Tenant Related Parties (as hereinafter defined) and improvements do not exceed Fifty Thousand Dollars their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent ($50,000.00), provided such repairs or improvements do not affect the structural integrity 15%) of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting the structural integrity cost of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixtures. In the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additions.

Appears in 2 contracts

Samples: Commercial Lease Agreement, Commercial Lease Agreement (Video Display Corp)

Repairs and Maintenance. (Aa) Lessee covenants TENANT shall at its own cost and agrees to keep expense keep, maintain and maintain take good care of the premises and, except as expressly provided in good orderParagraph ll(a) hereof, condition make all necessary repairs thereto, interior and exterior, structural and nonstructural, ordinary and extraordinary, and shall suffer no waste or nuisance; provided, however, that the cost of maintenance and repair the interior and exterior of the Leased Premises during the term of the Leaseany common party wall (any wall, divider, partition or any renewal terms, and further agrees that Lessor other structure separating the premises from any "adjacent premises occupied by other tenants) shall be under no obligation to make shared equally by Tenant and the tenant occupying adjacent premises. Tenant shall not damage any repairs party wall or perform disturb the integrity and support provided ay any maintenance to the Leased Premises. Lessee covenants party wall and agrees that it shall be responsible for all repairs, alterations, replacements, or maintenance of, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees to be responsible forshall, at its own cost and expense, snow removalpromptly repair any damage or injury to any party wall caused by Tenant or his employees, lawn maintenance, landscaping, maintenance agents or invitees. At the end of the parking lot (including parking lines, seal coating, and blacktop surfacing), and term or other similar items. (B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term termination of this Leaselease, Tenant shall deliver the premises with all improvements thereon in good repair and condition, reasonable wear and tear only excepted. If Lessee is not then The maintenance in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting building to include exterior walls, footings, foundation and roof, will be the structural integrity responsibility of the Leased Premises may be done only Landlord (b) This paragraph has been deleted because it refers to a single tenanted building. (c) In this event the premises constitute a portion of a multiple occupancy building, Tenant and its employees, customers, and licensees shall have the nonexclusive right to use, in common with the prior written consent other parties occupying said building, the parking areas, driveways and alleys adjacent to said building, subject to such reasonable rules and regulations as Landlord may from time to time prescribe, and Tenant shall, in lieu of Lessorthe obligations set forth under Subparagraph (a) above, as liable or its proportional share of the cost and expense of the care for the grounds around the said building, including but not limited to, the mowing of grass, care of shrubs, general landscaping, and maintenance of parking areas, driveways and alleys, Tenants share of these expenses, covered in foregoing sentence, will be covered in the monthly CAM charge, a paragraph covering CAM charges is covered in the Addendum which is attached here-to and made a part of this lease. Tenant shall reimburse Landlord upon demand for the amount of its proportionate share of such consent not costs and expenses in the event Landlord elects to perform or cause to be unreasonably withheld or delayedperformed such work. All alterations and additions to This is generally covered in the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixtures. In the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additionsMonthly CAM charge.

Appears in 2 contracts

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

Repairs and Maintenance. (A) Lessee covenants 11.1: The LESSEE has inspected the leased premises, and agrees accepts them in the condition that they are now in. The LESSEE acknowledges that the Town of Barnstable does not currently have an appropriation for any repair work at the Premises. 11.2: The LESSEE shall, throughout the term of this lease, at its own cost and without any expense to the LESSOR, keep and maintain the leased premises, in good a good, sanitary and neat order, condition and repair repair, free of debris and any and all other foreign matters; and further, the interior and exterior LESSEE agrees that said area shall be cleared of the Leased Premises during the term any such foreign matters of the Leasedebris immediately as such are, or any renewal termsmay be, caused to exist and further agrees that Lessor shall be under no obligation to make any and all repairs or perform any maintenance necessary to the Leased Premises. Lessee covenants keep said premises in a good and agrees that it shall be responsible for all repairs, alterations, replacements, or maintenance of, including but without limitation to or ofsatisfactory condition. 11.3: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and LESSEE shall not permit the leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees premises to be responsible fordamaged, stripped or defaced, nor suffer any waste. 11.4: The LESSEE shall not overload the electrical wiring serving the leased premises or within the leased premises and will install, at its own expense, but only after receiving the written approval of the LESSOR, any additional electrical wiring which may be required in connection with LESSEE'S business. 11.5: The LESSEE agrees to keep the grounds of the leased premises in good condition. This includes the grass, fences, bushes, and parking areas as defined by exhibits, showing the boundaries associated with this lease. 11.6: The LESSEE shall save the LESSOR harmless within the leased premises from all loss and damage occasioned by the use or escape of water or by the bursting of pipes, as well as from any claim or damage resulting from neglect in not removing snow removalor ice from the roof of the building or from the roads upon the premises so leased, lawn or by any nuisance made or suffered on the leased premises. 11.7: The LESSEE shall be responsible for repairing or obtaining repairs on any equipment located on the leased premises. 11.8: It shall be the responsibility of the LESSEE for the repair and maintenance of all electrical and plumbing work that pertains to the current structure. 11.9: Upon the written request of the LESSEE or upon the failure of the LESSEE to perform necessary repairs and maintenance, landscapingand at the sole discretion of the LESSOR, LESSOR may undertake repair or maintenance of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items. (B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixturesleased premises. In the event that LESSOR, at its sole discretion, elects to undertake any such repair or maintenance, LESSEE shall bear the full cost for said repair or maintenance, including, but not limited to, the cost for labor and materials. Failure of making such alterations as herein provided, Lessee further agrees the LESSEE to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or pay for the Leased Premises which may arise out of or result from the undertaking or making full cost of said repairsrepair and maintenance within ten (10) days of being billed for same, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additionsshall constitute grounds for the termination of this lease agreement.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Repairs and Maintenance. (A) Lessee covenants and agrees to keep and maintain in good order, condition and repair the interior and exterior of the Leased Premises during the term of the Lease, or any renewal terms, and further agrees that Lessor shall be under no obligation to make any repairs or perform any maintenance to the Leased Premises. Lessee covenants and agrees that it shall be responsible for all repairs, alterations, replacements, or maintenance of, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items. (B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following upon demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Twenty Five Thousand Dollars ($50,000.0025,000.00), provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Twenty Five Thousand Dollars ($50,000.0025,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixtures. In the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additions.

Appears in 2 contracts

Samples: Net Lease Agreement (Aei Real Estate Fund Xvi LTD Partnership), Net Lease Agreement (Aei Real Estate Fund Xvii Limited Partnership)

Repairs and Maintenance. (A) Lessee covenants and agrees to keep and maintain in good order, condition and repair the interior and exterior of the Leased Premises during the term of the Lease, or any renewal terms, and further agrees that Lessor shall be under no obligation to make any repairs or perform any maintenance to the Leased Premises. Lessee covenants and agrees that it shall be responsible for all repairs, alterations, replacements, or maintenance of, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items. (B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following upon demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixtures. In the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additions.

Appears in 2 contracts

Samples: Net Lease Agreement (Aei Real Estate Fund Xv LTD Partnership), Net Lease Agreement (Aei Income & Growth Fund Xxi LTD Partnership)

Repairs and Maintenance. (A) Lessee covenants 7.1 The Tenant shall take good care of the Leased Premises and, at its cost and agrees to expense, keep and maintain in good orderrepair the interior of the Leased Premises, condition including all repairs to the floor, the air-conditioning and heating plant, the plumbing, pipes, sewer lines and conduits, and fixtures belonging thereto; and shall replace all air-conditioning, electrical, heating and plumbing plants, fixtures and systems, including mechanical and working parts as may be required; and shall replace all ballasts and fluorescent fixtures; and shall maintain interior water and sewer pipes and connections, and shall generally maintain and repair the interior and exterior of the Leased Premises during Premises, and shall, at the term end or the expiration of the Leaseterm, deliver up the Leased Premises in good order and condition, damages by fire or any renewal termscasualty, the elements and ordinary wear and tear excepted. The Tenant expressly agrees that it shall enter into a periodic maintenance agreement with a reputable heating, ventilating and air-conditioning contractor, which contract shall provide for a minimum of two (2) inspections per year. A copy of said contract shall be forwarded to the Landlord prior to the Commencement Date and thereafter on an annual basis, and further agrees that Lessor copies of inspection reports shall be under no obligation to make any repairs or perform any maintenance delivered to the Leased PremisesLandlord within ten (10) days of receipt thereof by Tenant. Lessee The Tenant covenants and agrees that it shall be responsible for all repairs, alterations, replacements, not cause or maintenance of, including but without limitation to or of: The interior permit any waste (other than reasonable wear and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot (including parking lines, seal coating, and blacktop surfacingtear), and other similar items. (B) If Lessee refuses damage or neglects disfigurement to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given)or any overloading of the floors of the Building, Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs or improvements do not affect the structural integrity constituting part of the Leased Premises. Any Tenant shall reimburse Landlord in connection with exterior maintenance and repairs or improvements as hereinafter provided in excess Article 7.2. 7.2 The Tenant shall pay to the Landlord monthly, as Additional Rent, a sum equal to Tenant's Common Area Percentage of Fifty Thousand Dollars costs incurred by the Landlord for the management, maintenance, repair and replacement of the following: ($50,000.00i) or affecting parking lot and roadways, driveways, sidewalks, walkways, exterior lighting; (ii) exterior sewer and utility lines; (iii) lawns and shrubbery; (iv) snow removal; (v) signs serving the structural integrity Complex; and (vi) detention ponds. In addition the Tenant shall pay the Landlord monthly, as Additional Rent, Tenant's Building Percentage of costs incurred by the Landlord for the maintenance, repair and replacement of the following: roof, gutters, leaders, flashings, metal gravel stops and roof drains. Landlord shall be responsible at its sole cost for the maintenance, repair and replacement of the exterior walls, load bearing interior walls and the foundation of the Leased Premises may unless arising from the negligence or willful misconduct of Tenant, its agents, employees or contractors. Landlord shall be done only with solely responsible for the prior written consent cost of Lessorrepairing original construction defects and the costs of repairs and replacements incurred by reason of fire or other casualty. Notwithstanding the above, such consent not the cost of any replacement of the roof of the Building, exterior sewer and utility lines, repaving of the parking lot or replacement of the heating, ventilating and air conditioning system shall be each amortized on a straight line basis over its useful life which is deemed to be unreasonably withheld or delayed. All alterations ten (10) years in each instance and additions Tenant shall be responsible to reimburse the Landlord for that portion of such amortized costs as is applicable to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit then remaining term of Lessor, except for Lesseethis lease based on Tenant's moveable trade fixturesCommon Area Percentage. In the event of making any subsequent renewal or extension of this lease, Tenant shall be responsible to reimburse the Landlord for that portion of such alterations amortized costs which is applicable to the renewal or extension term based on Tenant's Common Area Percentage. 7.3 During the first year of the lease term, the Landlord shall estimate the cost of all of the management, maintenance, repair and replacement services required pursuant to Article 7.2 above, inclusive of management fees. Landlord shall furnish such estimate to the Tenant, and Tenant shall pay to Landlord one-twelfth (1/12th) of its Common Area Percentage or Building Percentage thereof, as herein providedapplicable, Lessee further during each month of the lease year as Additional Rent. At the expiration of the first twelve (12) months of the lease term, the Landlord shall furnish to Tenant a breakdown, certified by the Landlord, as to the total cost of management, maintenance, repair and replacement for the prior twelve (12) months. Upon Landlord's receipt of a written request from Tenant within sixty (60) days after Tenant's receipt of the annual certified statement, the Landlord shall forward copies of all relevant invoices, contracts and other documentation in support of the Landlord's certified statement for Tenant's review. In the event Tenant's pro rata share shall be more than the aggregate paid by the Tenant during the preceding twelve (12) month period, Tenant shall pay to the Landlord, in one lump sum, any difference in such obligation, said sum to be paid within fifteen (15) days after demand. In the event Tenant shall have overpaid its pro rata share, any such overage shall be applied to the monthly management, maintenance, repair and replacement charges prospectively due under the lease. This procedure shall be followed during each year of the lease term, and at the expiration of the lease, any overage or underage shall be credited or paid after computation by the Landlord, which obligation of Landlord and Tenant shall survive the expiration of the lease term. 7.4 The Tenant expressly covenants and agrees to indemnify and save harmless Lessor from all expense, liens, claims replace any broken glass in the windows or damages to either persons or property or other apertures of the Leased Premises which may arise out of become damaged or result from the undertaking or making of said repairsdestroyed, improvements, alterations or additions, or Lesseeat Tenant's failure to make said repairs, improvements, alterations or additionssole cost and expense.

Appears in 1 contract

Samples: Lease Agreement (2bridge)

Repairs and Maintenance. (A) Lessee covenants and agrees to keep and maintain in good order, condition and repair the interior and exterior of the Leased Premises during the term of the Lease, or any renewal terms, and . Lessee further agrees that Lessor shall be under no obligation to make any repairs or perform any maintenance to the Leased Premises, but Lessor shall reimburse Lessee for such reasonable costs and expenses incurred by Lessee in complying with Lessee's obligations under this Article relating to repairs, replacements and maintenance if the need for the same is caused by the negligent acts or omissions of Lessor, its agents, contractors or employees, but only to the extent such costs and expenses are not covered by the insurance maintained by Lessee or would not be covered by the insurance required to be maintained by Lessee under this Lease (if Lessee shall have failed to maintain the same). Lessee covenants and agrees that during the term of the Lease it shall be responsible for all repairs, alterations, replacements, or maintenance of, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B C attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees during the term of the Lease to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items. (B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice and opportunity to cure as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee is not then in default hereunderhereunder beyond the expiration of applicable cure periods, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixturesProperty (defined below). In the event of making such alterations as herein provided, subject to Article 21, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, by or on behalf of Lessee, or Lessee's failure to make said repairs, improvements, alterations or additions.

Appears in 1 contract

Samples: Net Lease Agreement (Aei Income & Growth Fund Xxi LTD Partnership)

Repairs and Maintenance. (A) Lessee covenants and agrees As-Is" Condition of Premises. Prior to keep and maintain in good order, condition and repair the interior and exterior turning over ----------------------------- possession of the Leased Premises during to Tenant for the term construction of Tenant's improvements, Landlord shall demolish certain specified interior improvements currently existing within the Premises Building (pursuant to demolition specifications to be agreed upon by the parties within fourteen days of execution of this Lease by both parties), shall make the Premises Building structurally sound and water- tight and shall cause electrical, water and sewerage/septic service lines to be brought to the perimeter of the LeasePremises, or all in accordance with applicable law and codes. Landlord also shall cause any renewal terms, and further agrees that Lessor shall be under no obligation to make any repairs or perform any maintenance to the Leased Premises. Lessee covenants and agrees that it shall be responsible for all repairs, alterations, replacements, or maintenance of, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunderHazardous Materials, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees defined in paragraph 19, to be responsible forremoved or encapsulated, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items. (B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases by law or code. Upon receipt of emergency to prevent waste or preserve notification given by Landlord that the safety and integrity Premises Building is ready for the commencement of Tenant's construction, the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but Tenant shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within have five (5) business days following demandto cause the Premises to be inspected for structural soundness, water-tight condition, availability of utilities, environmental compliance and compliance with laws and code. It is understood that Lessee Tenant shall pay all expenses and maintenance and repair during the term notify Landlord of this Leaseany deficiencies therein, which landlord shall correct promptly. If Lessee is not then in default hereunderLandlord shall fail to do so, Lessee shall have Tenant may: (i) terminate the right Lease; or (ii)undertake to make repairs correct the condition complained of and improvements to deduct the Leased Premises without cost thereof from the consent next required payment(s) of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs or improvements do not affect the structural integrity Rent. After acceptance of the Leased Premises. Any repairs or improvements Premises by Tenant, Tenant hereby confirms and agrees that it will be taking the Premises in excess of Fifty Thousand Dollars ($50,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixtures. In the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additionsits "as-is; where-is" condition.

Appears in 1 contract

Samples: Shopping Center Space Lease (Florida Savings Bancorp Inc)

Repairs and Maintenance. (A) Lessee covenants Subject to the conditions set forth in the ----------------------- following sentence, Manager shall effect, institute and agrees to keep supervise all ordinary decorations, construction, maintenance, repairs and maintain in good orderalterations including, condition without limitation, the administration of a preventative maintenance program for all mechanical, electrical and repair plumbing systems and equipment for the interior and exterior of the Leased Premises during the term of the Lease, or any renewal termsProperty, and further agrees that Lessor shall be under no obligation to make any repairs or perform any maintenance to the Leased Premises. Lessee covenants and agrees that it shall be responsible arrange for all repairsrequired services, alterationsincluding, replacementswithout limitation, or maintenance ofwindow cleaning, including but without limitation to or of: The interior heating, air conditioning, ventilation, building and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunderparking facility maintenance, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees to be responsible for, at its own expenselandscaping, snow removal, lawn office cleaning, rubbish removal, food vending, telephone services, elevator maintenance and vermin extermination, and make all repairs under the leases which are the obligation of Owner to the tenants of the Property, in all cases in accordance with the Professional Standard. Except for any repairs which may be occasioned by an Emergency, or are permitted pursuant to the Annual Budget, all repairs, maintenance, landscapingreplacements, maintenance of substitutions, improvements and additions to the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items. (B) If Lessee refuses Property shall be undertaken or neglects to commence or complete repairs promptly and adequately, made by Manager only after securing Owner's prior written notice as required under Article 16(Bapproval. Manager will notify Owner of any repairs occasioned by an Emergency within forty-eight (48) hours of commencement and will make reasonable efforts to secure Owner's written approval of such repair prior to making or contracting for the same. Manager shall submit any item of work or purchase (except in cases an Emergency) to competitive bidding (i) upon the request of emergency Owner, or (ii) if such item of work or purchase is reasonably anticipated to prevent waste or preserve the safety and integrity cost in excess of one-half percent (0.5%) of the Leased PremisesProperty operating costs, whether or not it is included in which case no notice need the Annual Budget. Where competitive bidding is required pursuant to this Agreement, the following provisions shall be given), Lessor may cause such repairs to applicable: (a) A minimum of two (2) written bids shall be made, but shall not be required to do so, and Lessee shall pay obtained if the cost thereof to Lessor within five (5) business days following demand. It contract is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty less than Twenty-Five Thousand Dollars ($50,000.0025,000), provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Contracts over Twenty-Five Thousand Dollars ($50,000.0025,000) will require a minimum of three (3) bids. (b) Each bid shall be solicited by Manager in a form so that uniformity will exist in bid quotes. (c) Manager may accept the qualified low bid without prior approval from Owner if the expenditure is for an approved budget item and will not result in exceeding the anticipated expenditure in the Annual Budget for that work or affecting the structural integrity purchase, provided that Owner's prior approval of the Leased Premises acceptance of a bid may be done only required by Owner. (d) If Manager advises acceptance of other than the lowest bid, Manager shall adequately support, in writing, its recommendations to Owner. (e) Manager shall maintain adequate records of its compliance with the prior written consent of Lessor, such consent foregoing competitive bidding procedure. (f) The foregoing bidding requirements shall not to be unreasonably withheld or delayed. All alterations and additions apply to the Leased Premises shall be made employment of consultants from a previously approved list which expenditures are in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixtures. In the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additionsAnnual Budget.

Appears in 1 contract

Samples: Investment Advisory Agreement (Cabot Industrial Properties Lp)

Repairs and Maintenance. Landlord will, at its sole expense, maintain, repair and/or replace all structural elements of the roof, the slab, the structure of the Building and the exterior walls of the Building (Acollectively, the “Structural Maintenance Obligations”) Lessee covenants at a level similar to comparable buildings in the area. Landlord will maintain, repair and/or replace all portions of the Premises other than the Structural Maintenance Obligations and agrees Tenant Maintenance Obligations (defined below) at a level similar to keep comparable buildings in the area, and the costs thereof may be included as Operating Expenses as permitted by Section 3(b). Landlord will use commercially reasonable efforts not to interfere with Xxxxxx’s use of, or access to, the Premises during any repair and maintenance activities and will perform such work in a safe, good workmanlike manner, and in compliance with Legal Requirements. Tenant will, at its sole expense, maintain in good order, condition and repair the interior and exterior of the Leased Premises during the term of the Lease(excluding any building systems), or any renewal termsHVAC system(s) installed by Tenant, and further agrees that Lessor shall be under no obligation clean any exclusive parking areas (including snow and ice removal from such areas) (collectively, the “Tenant Maintenance Obligations”). If Landlord desires to make any repairs or perform any maintenance or repair activities that would interfere with Tenant’s operations or access to the Leased Premises. Lessee covenants and agrees that it shall be responsible for all repairs, alterations, replacements, or maintenance of, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items. (B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) following requirements apply (except in cases the event of an emergency to prevent waste or preserve the safety and integrity that precludes compliance with one more of the Leased Premisesfollowing requirements, in which case case, Landlord will comply with the requirements to the extent possible): (a) no notice need be givensuch work may occur during the period between November 1 through January 15, or June 15 through July 31 (the “Holiday Season”), Lessor (b) Landlord will give Tenant not less than 30 days’ advance notice of such work, (c) such work may cause only occur during times reasonably approved by Tenant (and the parties agree it is reasonable for Tenant to require that such repairs to be madework occur outside of normal business hours), but shall (d) any such interruption or interference may not be required to do somore than 4 hours in length, and Lessee shall pay (e) in the cost thereof case of a power interruption, if requested by Tenant, Landlord will provide a source of back-up power for the Premises to Lessor within five allow Tenant to continue its normal business operations during such interruption (5) business days following demandand the fuel costs and other related charges may be included in Operating Expenses). It If Landlord is understood that Lessee shall pay all expenses and maintenance and repair during delayed in fulfilling its obligations under this Lease due to the term operation of this Lease. If Lessee is Section, Landlord will not then be in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixtures. In the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out breach of or result from default under this Lease by reason thereof, and the undertaking or making time for Landlord’s performance will be extended for a reasonable period of said repairstime, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additionstaking into account the provisions hereof.

Appears in 1 contract

Samples: Lease Agreement

Repairs and Maintenance. (A) Lessee covenants and agrees to keep and maintain in good order, condition and repair the interior and exterior of the Leased Premises Premises, including all structures, the roof, the playground, and all other improvements, during the term Term of the Lease, or any renewal terms, and further agrees that Lessor shall be under no obligation to make any repairs or perform any maintenance to the Leased Premises. Lessee covenants and agrees that it shall be responsible for all repairs, alterations, replacements, or maintenance of, including but without limitation to or of: The limitation, interior and exterior portions of all doors; , door checks and operators; , windows; , plate glass; , plumbing; , water and sewage facilities; , fixtures; , electrical equipment; , interior walls; , ceilings; , signs; roof; structure; , interior building appliances and similar equipment; , heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to be replace any of said equipment when necessary. Lessee further agrees to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items. . Lessee, for itself, its successors, assignees, sublessee customers, and invitees hereby irrevocably waives any implied warranty of habitability or fitness for any purpose by Lessor or any other implied warranty by Lessor whatsoever as to the Premises. If after written notice and a 90 day cure period (B) If except in the event of emergencies), Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following demandupon demand as additional rent under this Lease. It is understood that Lessee shall pay all expenses and maintenance and repair during the term Term of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), 50,000 provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) 50,000 or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayedwithheld. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor. Lessee further agrees, except for Lessee's moveable trade fixtures. In in the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise arising out of or result resulting from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additions.

Appears in 1 contract

Samples: Net Lease Agreement (Aei Real Estate Fund 85-a LTD Partnership)

Repairs and Maintenance. 139 Tenant acknowledges that Tenant has inspected the Leased Property prior to the Binding Agreement Date stated herein 140 and acknowledges that it is in a clean, fit, and habitable condition. Tenant acknowledges that all appliances (Aif present 141 on the Leased Property), including but not limited to the refrigerator, dishwasher, washer, dryer, garbage disposal, 142 heating system, air conditioning system, swimming pool equipment, plumbing, smoke detectors, septic systems, security 143 systems, gas logs, hot water heater, and light fixtures (including ceiling fans) Lessee covenants are operable as of the Binding Agreement 144 Date unless otherwise noted herein. Tenant’s taking possession of the Leased Property is evidence that the Leased 145 Property is in a clean, fit, and agrees habitable condition. 146 The following shall be kept in good working order and repair, normal wear and tear excepted, by either Landlord or 147 Tenant as follows [Check all that apply. The sections not marked shall not be part of this Lease Agreement.]: 148 TENANT LANDLORD TENANT LANDLORD 149 Fence □ □ Light Fixtures □ □ 150 Driveway □ □ Exterior walkways □ □ 151 Interior Walls □ □ Patio/Porch □ □ 152 Carpet/Flooring □ □ Landscaping/Yard □ □ 153 Swimming Pool □ □ Outbuildings □ □ Any item not mentioned herein but existing on the Leased Property (other than furniture, fixtures and personal property of Tenant) shall be maintained by Landlord during the Lease Term and any extensions or hold-overs thereof. Upon receipt of written notice from Tenant, Landlord shall, within a reasonable time period thereafter, repair all defects in those facilities and systems that are the responsibility of Landlord to keep and maintain in good order, condition working order and repair. If Tenant does not perform its maintenance and repair obligations as set forth herein as promptly as conditions require in case of Emergency (as defined herein) or within fourteen (14) days after written notice by Landlord specifying the interior breach and exterior of requesting that Tenant remedy it within that period, Landlord may enter the Leased Premises during Property and cause the term work to be done in a workmanlike manner and submit an itemized xxxx for the cost of repairs to Tenant. Tenant shall pay said repair xxxx at the time that the next Rent payment is due. If Lease Agreement has been terminated, Tenant shall pay repair xxxx immediately. Tenant shall be responsible for the reasonable costs of any and all repairs made necessary by the negligence or willful misconduct of Tenant (including Tenant’s family members, agents, employees, contractors, licensees, invitees, guests, pets or anyone or anything else under the control of Tenant). In the event that Tenant does not promptly pay for any repairs and/or maintenance required under the Lease following termination of the Lease, Landlord may deduct that amount from the Security Deposit. Tenant agrees to immediately contact Landlord in the event that any malfunction or any renewal terms, and further agrees that Lessor shall be under no obligation to make any repairs or perform any maintenance damage occurs to the Leased Premises. Lessee covenants and agrees that it shall be responsible for all repairs, alterations, replacements, or maintenance of, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereundersystems, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot plumbing (including parking lines, seal coating, and blacktop surfacinghot water heater), and other similar itemsseptic, electrical or roofing systems. (B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixtures. In the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additions.

Appears in 1 contract

Samples: Residential Lease Agreement

Repairs and Maintenance. (A) Lessee covenants and agrees to keep 18.1 Landlord shall repair and maintain the structural and exterior portions and Common Area of the Building and the Project, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); base Building HVAC systems up to the first damper or isolation valve that serves the Premises (for purposes of clarity, the portion of the HVAC system that includes such first damper or isolation valve and extends into and through the Premises, and any supplemental HVAC serving the Premises shall not be part of the base Building HVAC and shall be Tenant’s obligation to maintain and repair pursuant to Section 18.2 below); elevators; the Generator (excluding the automatic transfer switch); and base Building electrical systems installed or furnished by Landlord, in a first class manner comparable to other buildings in Boston or Cambridge owned or operated by the 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, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises (including but not limited to the portion of the HVAC system that includes the first damper or isolation valve and extends into and through the Premises, any supplemental HVAC serving the Premises, and any other systems or equipment exclusively serving the Premises) and every part thereof (including the decking, pavers or other finishes on top of the floor of the Private Terrace) in good order, condition and repair repair, and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon the interior and exterior expiration or sooner termination of the Leased Term, surrender the Premises during 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, remove all telephone and data systems, wiring and equipment from the term Premises (with respect to wiring, only to the extent installed by a Tenant Party (as defined below)), and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof. 18.3 Throughout the Term of the Lease, or any renewal termsTenant shall, at Tenant’s sole cost and expense, maintain copies of all service contracts, service, repair and maintenance records, and further agrees inspection reports on all equipment installed by or maintained by Tenant. Tenant shall, within ten (10) business days after receipt of written notice from Landlord, provide to Landlord any maintenance records, service or inspection reports that Lessor Landlord reasonably requests. Upon surrender of the Premises upon the expiration or earlier termination of this Lease, Tenant shall provide Landlord with all original equipment manufacturer (OEM) manuals for any equipment installed and not removed by Tenant to the extent Tenant has the same available. 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 similar report at Tenant’s cost and to the extent such audit recommends corrective action, Tenant shall promptly perform such corrective action as part of its repair and maintenance obligations. 18.4 Landlord shall not be under no obligation 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 Leased Premisesneed of such repairs or maintenance. Lessee covenants and agrees that it Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.5 If any excavation shall be responsible for all repairs, alterations, replacementsmade upon land adjacent to or under the Building, or maintenance of, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees to shall be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items. (B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs authorized to be made, but Tenant shall not be required afford to do sothe 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 Lessee shall pay protect the cost thereof Building from injury or damage and to Lessor within five (5) business days following demand. It is understood that Lessee shall pay all expenses support the same by proper foundations, without any claim for damages or liability against Landlord and maintenance and repair during the term of without reducing or otherwise affecting Tenant’s obligations under this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), ; provided such repairs party makes all reasonable efforts to avoid any material interference or improvements do not affect material disruption with Tenant’s business in the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixtures. In the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additionsPermitted Use.

Appears in 1 contract

Samples: Lease (Pyxis Oncology, Inc.)

Repairs and Maintenance. (A) Lessee covenants and agrees to keep and maintain in good order3.1 Landlord shall, condition and repair the interior and exterior of the Leased Premises during throughout the term of this Lease and at no expense to Tenant, take good care of the Lease, Premises and shall not do or suffer any renewal termswaste with respect thereto, and further agrees that Lessor Landlord shall be under no obligation to promptly make any all nonstructural repairs or perform any maintenance to the Leased Premises. Lessee covenants Premises of every kind and agrees that it shall be responsible for all repairsnature, alterationsordinary as well as extraordinary, replacementsforeseen as well as unforeseen, whether necessitated by wear, tear, obsolescence or maintenance ofdefects, latent or otherwise, necessary to keep the Premises in good order and condition, including but without limitation all necessary maintenance, repairs and replacements to or ofthe following: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; floor coverings; ceilings; signsplumbing; roofelectrical; structure; interior building appliances and similar equipment; heating heating, ventilating, and air conditioning equipmentsystems; well and septic systems; lighting fixtures and tubes; exterior and interior painting; and any equipment owned by Lessor and leased to Lessee hereundersigns. When used in this Section, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment the term “repairs” shall include replacements, restorations and/or renewals when necessary. 3.2 Landlord shall keep in good repair and maintain at its expense all structural components of the building located on the Premises, including, but not limited to, the foundation, roof and structural walls. Lessee further agrees All repairs made by Landlord shall be substantially equal in quality and workmanship to the original work. 3.3 In the event the building located on the Premises or a portion thereof shall be rendered unusable due to the Landlord ‘s default or negligence with respect to repairs required to be responsible formade by Landlord, at its own expense, snow removal, lawn maintenance, landscaping, maintenance there shall be a just and equitable abatement of the parking lot (including parking lines, seal coating, Rent and blacktop surfacing), and all other similar itemscharges payable under this Lease until said building shall be made usable. 3.4 If Landlord fails after thirty (B30) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior days written notice as required under Article 16(B) (except in cases case of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor event the Tenant may cause such take immediate action) to proceed with due diligence to make repairs required to be mademade by Landlord, but shall not the same may be required to do somade by Tenant, at the expense of Landlord, and Lessee shall pay the cost thereof to Lessor within five (5) business days following demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee is not then in default hereunder, Lessee Tenant shall have the right to offset the cost of said repairs against the Rent installments required herein, subject to Landlord’s right to examine Tenant’s records with respect to such expenses. 3.5 In the event Tenant desires to make repairs and any changes, alterations or improvements to the Leased Premises, Tenant shall first obtain Landlord’s approval in accordance with the provisions of this Lease. (a) For any improvements approved by Landlord, Landlord, in its sole discretion and for any reason, shall have the right to order Tenant to terminate any construction work being performed by or on behalf of Tenant in the Premises without at any time during this Lease. Upon notification from Landlord to Tenant to cease any such work, Tenant shall forthwith remove from the Premises all agents, employees and contractors of Tenant performing such work until such time as Landlord shall have given its consent for the resumption of Lessor if such repairs construction work and improvements do Tenant shall have no claim for damages of any nature whatsoever against Landlord in connection therewith. If Tenant enters the Premises pursuant to this paragraph, then Tenant shall indemnify, protect and hold Landlord harmless of and from any damages or liability to person or property so entering upon the Premises at such time and shall, upon written request, provide evidence of all insurance required hereunder. (b) The approval by Landlord of any plans and specifications submitted by or on behalf of Tenant, or any changes thereto, shall not exceed Fifty Thousand Dollars ($50,000.00)constitute the assumption of any liability on the part of Landlord for the compliance or conformity with applicable building codes and the requirements of this Lease or for their accuracy, provided and Tenant shall be solely responsible for such repairs or improvements do not affect plans and specifications. In addition, the structural integrity approval by Landlord of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting the structural integrity plans and specifications shall not constitute a waiver by Landlord of the Leased Premises may be done only with right to thereafter require Tenant to amend the same to provide for any corrections or omissions by Tenant of items required by building codes of this Lease which are later discovered by Landlord. (c) No construction, improvements, alterations or installations in or around the Premises, including, but not limited to, construction or installation of signage, bars, gates, storefronts, canopies, shutters, security devices, or interior improvements is permitted without Landlord’s written approval prior written consent to commencement of Lessor, such consent not to be unreasonably withheld or delayedthe work. All alterations such work shall be performed: (i) at the sole cost of Tenant; (ii) by contractors, subcontractors and additions workmen approved in writing by Landlord; (iii) in a good and workmanlike manner; (iv) in accordance with drawings and specifications pre-approved in writing by Landlord: (v) in accordance with all applicable laws; (vi) subject to the reasonable regulations, supervision, control and inspection of Landlord which Landlord may perform at its discretion, or not at all; and (vii) subject to such indemnification against liens and expenses as Landlord reasonably requires. All fixtures or other equipment installed in the Leased Premises shall be made in accordance new or completely refurbished. Tenant shall require any contractor or subcontractor to remove and dispose of, at least twice a week, all debris and rubbish caused by the work and upon completion to remove all temporary structures, debris and rubbish of whatever kind remaining on any part of the Property. Tenant shall pay for any utility charges associated with all applicable laws the Premises during and shall remain for after construction of the benefit Premises. If any work would affect the structure of Lessorthe Property or any of the electrical, except for Lessee's moveable trade fixturesplumbing, fire sprinkler, mechanical, heating, ventilating or air conditioning systems or other base building systems, Landlord shall, at the option of Landlord, but not the obligation of Landlord, perform such work at Tenant’s cost. In such cases, Tenant shall be required to pay Landlord upon demand, as additional rent, an amount equal to the event costs of making Landlord performing such alterations as herein providedwork, Lessee further agrees together with an administration fee equal to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out fifteen percent (15%) of or result from the undertaking or making of said repairs, improvementssuch costs. (d) In connection with any changes, alterations or additionsimprovements to the Premises, Tenant shall be solely responsible to procure and pay for the building permits, certificates of occupancy, impact fees, licenses and other governmental approvals required to occupy the Premises and operate its business. (e) Tenant and Tenant’s contractors and subcontractors shall be required to provide, in addition to the insurance required to be maintained by Tenant hereunder, the following types of insurance in the following minimum amounts naming Landlord and any other persons having an interest in the Property as additional insureds as their interests may appear, issued by companies approved by Landlord: (1) Worker’s Compensation coverage with limits no less than required by applicable law. (2) Builder risk-completed value fire and extended coverage covering damage to the construction and improvements to be made by Tenant in amounts at least equal to the estimated complete cost of the construction and improvements with one hundred percent (100%) coinsurance protection. (3) General liability coverage including automobile liability coverage with bodily injury limits of at least one million dollars ($1,000,000.00) per person, one million dollars ($1,000,000.00) per accident and one million dollars ($1,000,000.00) per accident for property damage. Original or Lessee's failure duplicate policies for all of the insurance required by the Lease shall be delivered to make said repairs, improvements, alterations or additionsLandlord before any contractor’s equipment is moved to any part of the Property.

Appears in 1 contract

Samples: Lease Agreement (Medical Solutions Management Inc.)

Repairs and Maintenance. (A) Lessee covenants and agrees 18.1 Subject to keep the limitations set forth in Section 16.9, Landlord shall repair and maintain the structural and exterior portions and Common Area of the Building and the Project, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler and life safety systems (if any); base Building HVAC systems up to the first damper or isolation valve that serves the Premises (for purposes of clarity, the portion of the HVAC system that includes such first damper or isolation valve and extends into and through the Premises, and any supplemental HVAC serving the Premises, shall not be part of the base Building HVAC and shall be Tenant’s obligation to maintain and repair pursuant to Section 18.2 below); the Acid Neutralization Tank and associated monitoring system; elevators; and base Building electrical systems. 18.2 Except for services of Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises (including but not limited to the portion of the HVAC system that includes such first damper or isolation valve and extends into and through the Premises and any supplemental HVAC serving the Premises, including but not limited to any supplemental HVAC serving Tenant’s vivarium), and every part thereof in good order, condition and repair 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 Landlord any maintenance records that Landlord reasonably requests to the interior extent within Tenant’s possession or control or otherwise reasonably attainable by Tenant (during the Term, Tenant shall use diligent and exterior good faith efforts to ensure that all such records are within Tenant’s possession or control or otherwise reasonably attainable by Tenant). Tenant shall, upon the expiration or sooner termination of the Leased Term, surrender the Premises during to Landlord in as good a condition as existed when the term Tenant Improvements are finally completed by Landlord, ordinary wear and tear excepted, 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; and Tenant shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Lease, Work Letter or Section 4.1. 18.3 Landlord shall not be liable for any renewal terms, and further agrees that Lessor shall be under no obligation 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 Leased Premisesneed of such repairs or maintenance and Landlord is not diligently pursuing such repair(s). Lessee covenants and agrees that it Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.4 If any excavation shall be responsible for all repairs, alterations, replacementsmade upon land adjacent to or under the Building, or maintenance of, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees to shall be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items. (B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs authorized to be made, but Tenant shall not afford, upon forty-eight (48) hours’ prior notice to Tenant (other than in the event of an emergency, when no prior notice shall be required required), to do sothe 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 Lessee shall pay protect the cost thereof Building from injury or damage and to Lessor within five (5) business days following demand. It is understood that Lessee shall pay all expenses support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease. 18.5 This Article relates to repairs and maintenance and repair during arising in the term ordinary course of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs or improvements do not affect the structural integrity operation of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting Building and the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixturesProject. In the event of making such alterations as herein provideda casualty described in Article 24, Lessee further agrees Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article. 18.6 Costs incurred by Landlord pursuant to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additionsthis Article shall constitute Operating Expenses.

Appears in 1 contract

Samples: Lease (Gritstone Oncology, Inc.)

Repairs and Maintenance. (A) Lessee covenants XXXXXX and agrees to keep XXXXXX agree as follows: a. By accepting possession of the Property, LESSEE has accepted the Property in its present condition. LESSOR warrants Property is free of dangerous material and is structurally sound as of the effective date of this Lease. x. XXXXXX shall maintain in good order, condition and repair the interior and outside of the building/structural exterior of the Leased Premises during property, including but not limited to, structural components of the term roof, exterior walls, foundations, MAJOR systems maintenance such as HVAC, electrical, plumbing, such as broken pipes due to no fault of the lessee, and parking lot maintenance. c. XXXXXX agrees to maintain and be responsible for MINOR repair costs (excluding the structural components of exterior walls and foundations and items listed in Section 14(b)), above, including plumbing, electrical and lighting facilities and minor equipment, wiring, fixtures, walls, wall coverings, ceilings, floors, windows, doors, glass, plate glass, and entrances. d. XXXXXX 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 Property, and on termination of the Lease, or any renewal termsLESSEE shall deliver the Property to LESSOR in good condition, ordinary wear and further agrees that Lessor shall be under no obligation tear excepted. All structural upgrades to make any the Property are to remain upon termination of the Lease. f. All requests for repairs or perform maintenance that are the responsibility of LESSOR pursuant to any maintenance to the Leased Premises. Lessee covenants and agrees that it shall be responsible for all repairs, alterations, replacements, or maintenance of, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items. (B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term provision of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall Lease must be made in accordance with all applicable laws and shall remain for writing by LESSEE to LESSOR or its designee at the benefit address set forth below or as amended in writing from time to time. XXXXXX acknowledges the time sensitivity of Lessor, except for Lessee's moveable trade fixtures. In the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvementswhich will be high priority. Xxxxxxxxx Xxxxxxx Executive Director Meals on Wheels of Cheyenne, alterations or additionsInc. 0000 X. Xxxxxxx Hwy Cheyenne, or Lessee's failure to make said repairs, improvements, alterations or additions.WY 82007 xxxxxxxx@xxxxxxxxxxxxxxxxxxxxxxx.xxx

Appears in 1 contract

Samples: Lease Agreement

Repairs and Maintenance. (A) Initially, Lessor agrees to replace any glass broken prior to the start of the Lease Term, and to obliterate any graffiti on the exterior walls of the Leased Premises. Thereafter, Lessee covenants and agrees to keep and maintain in good order, condition and repair the interior and exterior of the Leased Premises during the term of the Lease, or any renewal terms, and further agrees that Lessor shall be under no obligation to make any repairs or perform any maintenance to the Leased Premises. Lessee covenants and agrees that it shall be responsible for all repairs, alterations, replacements, or maintenance of, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B B, if any, attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary, and said replacements shall become the property of Lessor. Lessee further agrees to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items. (B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following upon demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Ten Thousand Dollars ($50,000.0010,000.00), provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Ten Thousand Dollars ($50,000.0010,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixtures. In the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additions.

Appears in 1 contract

Samples: Net Lease Agreement (Aei Real Estate Fund Xviii Limited Partnership)

Repairs and Maintenance. (A) Lessee covenants and agrees to keep 18.1. Landlord shall repair and maintain the structural and exterior portions and Common Area of the Building and the Project, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems (excluding the Supplemental HVAC Unit); elevators; and electrical systems installed or furnished by Landlord. In addition, Landlord shall provide (a) janitorial services for the Premises comparable to the janitorial services provided by comparable owners of comparable properties in the Rockville, Maryland, area, which services shall be provided five (5) nights per week, Monday through Friday, excluding holidays recognized as such by the federal government and/or the State of Maryland, and (b) Building standard lightbulb changes to the Premises. 18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in good order, condition and repair 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, upon the interior and exterior expiration or sooner termination of the Leased Term, surrender the Premises during 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, remove all telephone and data systems, wiring and equipment from the term of Premises, and repair any damage to the LeasePremises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any renewal termspart thereof, and further agrees that Lessor other than as described in Exhibit B. 18.3. Landlord shall not be under no obligation 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 Leased Premisesneed of such repairs or maintenance. Lessee covenants and agrees that it Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.4. If any excavation shall be responsible for all repairs, alterations, replacementsmade upon land adjacent to or under the Building, or maintenance of, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees to shall be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items. (B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs authorized to be made, but Tenant shall not afford to the person causing or authorized to cause such excavation, license to enter the Premises upon reasonable prior notice for the purpose of performing such work as such person shall reasonably deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease; provided, however, that all such activities shall be conducted only to the extent and for the time reasonably required and in such a manner so as to do so, and Lessee shall pay the cost thereof cause as little interference to Lessor within five (5) business days following demandTenant as is reasonably possible. 18.5. It is understood that Lessee shall pay all expenses This Article relates to repairs and maintenance and repair during arising in the term ordinary course of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs or improvements do not affect the structural integrity operation of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting Building and the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixturesProject. In the event of making such alterations as herein provideda casualty described in Article 24, Lessee further agrees Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article. 18.6. Costs incurred by Landlord pursuant to indemnify and save harmless Lessor from all expense, liens, claims or damages this Article shall constitute Operating Expenses to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additionsextent permitted by Article 9.

Appears in 1 contract

Samples: Lease (REGENXBIO Inc.)

Repairs and Maintenance. (A) Lessee covenants Except for the specific repairs, maintenance and agrees replacements to keep and maintain be made by Landlord pursuant to this Lease, in good orderall other respects the Tenant will, condition and repair the interior and exterior of the Leased Premises during the full term of the this Lease, or any renewal terms, and further agrees that Lessor shall be under no obligation to make any repairs or perform any maintenance to the Leased Premises. Lessee covenants and agrees that it shall be responsible for all repairs, alterations, replacements, or maintenance of, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees to be responsible for, at its own expense, snow removalpromptly make all repairs and perform all acts of maintenance necessary to keep the Demised Premises and all improvements, lawn equipment and utility lines therein and all other elements thereof in good condition and repair, including also without limitation all maintenance, landscapingrepairs and replacements, excepting only for repairs to the structure and to any utility lines located outside of the "Structure" (as defined below) of the Demised Premises (such lines hereinafter called "Exterior Utility Lines"); unless such repairs of the Structure or of the Exterior Utility Lines are necessitated by any acts, omissions or negligence of Tenant or its assignees or subtenants or its or their agents, servants, employees, contractors, invitees, licensees, customers or subtenants ("Permittees"), in any of which events Tenant shall reimburse Landlord for the costs of such repairs and replacements of the Structure and Exterior Utility Lines within thirty (30) days of demand therefor. Said repairs to the Structure and Exterior Utility Lines shall be made by Landlord as promptly as commercially practicable after receipt of written notice from Tenant of the necessity therefor. Tenant shall give Landlord prompt notice of any fire, accident, defects, damage or injury occurring at, in or to the Demised Premises and of any death, damage or injury to persons therein, but nothing herein contained shall be construed to require Landlord to make any repairs to said Demised Premises or to provide compensation for any such damage or injury, except as otherwise expressly herein provided. For purposes of this Paragraph 3(C) and of all other provisions of this Lease, the term "Structure" shall refer to the foundations, structural frame, exterior walls and glazing, demising walls ground floor slab and exterior roof and roofing system of the Building, and the term "Exterior Utility Lines" shall refer to all electrical, plumbing, and sewage systems and lines located outside of the Structure of the Demised Premises. Tenant, at its own expense, will make all repairs, maintenance of and replacements promptly when and as necessary for the parking lot heating, ventilating and air-conditioning systems and equipment which serve only the Demised Premises (including parking lines, seal coating, and blacktop surfacing"HVAC"), and other similar items. (B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except . Tenant at its own expense will keep in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following demand. It is understood that Lessee shall pay all expenses and maintenance and repair during force throughout the term of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs or improvements do not affect the structural integrity Lease a contract for maintenance of the Leased PremisesHVAC serving the Demised Premises with a competent, licensed mechanical contractor reasonably acceptable to Landlord. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting Tenant shall cause the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not HVAC to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made maintained in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixtures. In the event of making good condition by such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additionsmechanical contractor.

Appears in 1 contract

Samples: Lease Agreement (Advancis Pharmaceutical Corp)

Repairs and Maintenance. (Aa) Lessee covenants and agrees to keep and Tenant shall maintain in good order, condition and repair the interior and exterior of the Leased Premises during in good condition, normal wear and tear excepted, in a manner comparable to other theater facilities of comparable size and age in the term of the Lease, same or any renewal terms, and further agrees that Lessor comparable markets. Tenant shall be under no obligation to make any repairs or perform any maintenance to the Leased Premises. Lessee covenants and agrees that it shall be responsible liable for all repairs, alterationsreplacements and maintenance, replacementsordinary and extraordinary, or and shall keep the Leased Premises in good order and repair (normal wear and tear excepted), clean, sanitary and safe. Such repairs, replacements and maintenance of, including shall include but without limitation not be limited to or of: The its heating and cooling equipment; other equipment; fixtures; improvements; floor covering; the exterior and interior and exterior portions of all doors; , door checks locks, security gates, and operators; windows; plate glass; plumbing; water plumbing and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and all plate glass. Tenant further agrees to replace any of said equipment paint the Leased Premises when necessarynecessary in order to maintain at all times a clean and sightly appearance. Lessee further agrees to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items. (B) If Lessee Tenant refuses or neglects to commence or complete make repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of and/or maintain the Leased Premises, or any part thereof, in which case no notice need be given)a manner reasonably satisfactory to Landlord, Lessor may cause such repairs Landlord shall have the right, upon giving Tenant reasonable written notice, with opportunity to be madecure, but shall not be required of its election to do so, to make repairs or perform such maintenance on behalf of and Lessee for the account of Tenant. In such event, Landlord's reasonable out of pocket expenses shall pay the cost thereof be paid for by Tenant as additional rent promptly upon receipt of a xxxx therefor. Nothing herein shall imply any duty on Landlord to Lessor within five (5) business days following demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term do any work under this Lease or which, under any provisions of this Lease, Tenant may be required to perform; and, the performing thereof by Landlord shall not constitute a waiver of Tenant's default in failing to perform the same. If Lessee is Tenant shall indemnify Landlord against, and hold it harmless from, any claims, demands, actions against Landlord or losses or damages incurred by Landlord, arising out of or in any way connected with Tenant's failure to perform its obligations or observe any covenants under this ARTICLE 11, except arising from Landlord's negligence or willful misconduct. (b) Landlord shall not then under any circumstances be required to build any improvements on an Individual Property, or to make any repairs, replacements, alterations or renewals of any nature or description to any Individual Property, whether interior or exterior, ordinary or extraordinary, structural or non-structural, foreseen or unforeseen, or to make any expenditure whatsoever in default hereunder, Lessee shall have connection with this Lease or to inspect or maintain the Leased Premises or any part thereof in any way. Tenant hereby waives the right to require Landlord to make repairs and improvements repairs, replacements, renewals or restorations pursuant to the Leased Premises any Legal Requirements including, without the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00)limitation, provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessorany Environmental Requirements, except for Lesseeif due to Landlord's moveable trade fixtures. In the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims negligence or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additionswillful misconduct.

Appears in 1 contract

Samples: Master Lease (Carmike Cinemas Inc)

Repairs and Maintenance. (A) Lessee covenants 11.1: The LESSEE has inspected the leased Premises, and agrees accepts them in the condition that they are now in, unless otherwise provided herein. The LESSEE acknowledges that the Town of Barnstable does not currently have an appropriation for any repair work at the Premises. 11.2: The LESSEE shall, throughout the term of this lease, at its own cost and without any expense to the LESSOR, keep and maintain the leased Premises, in good a good, sanitary and neat order, condition and repair the interior repair, free of debris and exterior of the Leased Premises during the term of the Leaseany and all other foreign matters, or any renewal terms, and unless otherwise provided herein. The LESSEE further agrees that Lessor said area shall be under no obligation cleared of any such foreign matters of debris immediately as such are, or may be, caused to exist and shall make any and all repairs or perform any maintenance necessary to the Leased Premises. Lessee covenants keep said Premises in a good and agrees that it shall be responsible for all repairs, alterations, replacements, or maintenance of, including but without limitation to or ofsatisfactory condition. 11.3: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and LESSEE shall not permit the leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees Premises to be responsible fordamaged, stripped or defaced, nor suffer any waste. 11.4: The LESSEE shall not overload the electrical wiring serving the leased Premises or within the leased Premises and will install, at its own expense, but only after receiving the written approval of the LESSOR, any additional electrical wiring which may be required in connection with LESSEE'S business. 11.5: The LESSEE agrees to keep the grounds of the leased Premises in good condition, unless otherwise provided herein. This includes the grass, fences, bushes, and parking areas as defined by exhibits, showing the boundaries associated with this lease. 11.6: The LESSEE shall save the LESSOR harmless within the leased Premises from all loss and damage occasioned by the use or escape of water or by the bursting of pipes, as well as from any claim or damage resulting from neglect in not removing snow removalor ice from the roof of the building or from the roads upon the Premises so leased, lawn maintenanceor by any nuisance made or suffered on the leased Premises, landscaping, unless due to the acts or omissions of the LESSOR or its agents. 11.7: The LESSEE shall be responsible for repairing or obtaining repairs on any equipment located on the leased Premises. 11.8: It shall be the responsibility of the LESSEE for the repair and maintenance of all electrical and plumbing work that pertains to the current structure. This includes maintenance of the parking lot (including parking lines, seal coatingcurrent HVAC system. 11.9: Upon the written request of the LESSEE or upon the failure of the LESSEE to perform necessary repairs and maintenance, and blacktop surfacing), and other similar items. (B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve at the safety and integrity sole discretion of the Leased PremisesLESSOR, in which case no notice need be given), Lessor LESSOR may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following demand. It is understood that Lessee shall pay all expenses and undertake repair or maintenance and repair during the term of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs or improvements do not affect the structural integrity of the Leased leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixtures. In the event that LESSOR, at its sole discretion, elects to undertake any such repair or maintenance, LESSEE shall bear the full cost for said repair or maintenance, including, but not limited to, the cost for labor and materials. Failure of making such alterations as herein provided, Lessee further agrees the LESSEE to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or pay for the Leased Premises which may arise out of or result from the undertaking or making full cost of said repairsrepair and maintenance within ten (10) days of being billed for same, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additionsshall constitute grounds for the termination of this lease agreement.

Appears in 1 contract

Samples: Lease Agreement

Repairs and Maintenance. (A) 12.1 The lessee undertakes to insure with an insurance company approved by the Lessor, all and any glass and plate glass whether internal or external, contained in or on the premises at its sole cost and expense against damage howsoever and whomsoever caused. The Lessee covenants and agrees furthermore undertakes to keep and maintain in good orderensure that any such damage shall be repaired as soon as possible. The Lessee shall, condition and repair if so required by the interior and exterior Lessor, lodge with the Lessor a photocopy of the Leased Premises during original insurance policy and shall also exhibit to the term Lessor as and when requested by the Lessor proof of payment of the Leasepremiums that fall due in respect of the said insurance policy. Should the Lessee fail to fulfil its obligations in terms hereof, the lessor shall be entitled, without prejudice to any rights it may have under this lease, to take out the necessary insurance policy or to pay the premiums in respect thereof and recover any cost arising there from the Lessee. A certificate by the Lessor’s Architect as the amount due by the Lessee in terms hereof shall be prima facie proof of the amount due. 12.2 Within 30 (Thirty) days from the Commencement Date, the Lessee shall give to the Lessor written notice specifying any defects which exist in the Premises, fixtures and fittings in the Premises which are defective or missing or any renewal termsappurtenances to the Premises which are defective or missing. 12.3 Upon receipt of the notice as set out in 12.1, and further agrees that the Lessor shall be under no obligation to make any repairs or perform any maintenance to the Leased Premises. Lessee covenants and agrees that it shall be responsible for all repairs, alterations, replacements, or maintenance of, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees to be responsible for, at its own expensecost proceed with due diligence to remedy the defects in the Premises, snow removal, lawn maintenance, landscaping, maintenance of the parking lot (including parking lines, seal coating, fixtures and blacktop surfacing), fittings therein or the appurtenances thereon and other similar itemsinstall or replace the fixtures and fittings or appurtenances to the Premises which are missing. (B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixtures. 12.4 In the event that the Lessee fails to deliver to the Lessor the notice as set out in 12.1, the Lessee shall be deemed to have accepted the Premises as being complete and without visible defects. In that event, the Lessee would have acknowledged that the Premises as seen internally are in a good state of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additionsrepair.

Appears in 1 contract

Samples: Lease Agreement

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Repairs and Maintenance. (A) Lessee covenants Tenant represents and agrees warrants to Landlord that it has had the opportunity to inspect the Leased Premises prior to the execution of this Lease and that the same are clean and in good repair. Tenant shall keep and maintain in good order, condition and repair the interior and exterior of the Leased Premises during in good order, condition and repair including, without limitation, (a) the term roof, down spouts, gutters, sidewalks, walls, plate glass of the Leasewindows and doors; (b) all mechanical, or any renewal termselectrical and heating and air conditioning systems (including but not limited to all duct work and transmission conduits), and further agrees that Lessor all plumbing pipes, fixtures and connections both in and under the Leased Premises; (c) all interior and exterior repairs of a structural nature or arising out of structural defect, of which plastered surfaces shall be under no obligation to make any repairs considered a part; (d) the parking area (which shall include without limitation, keeping such area repaired, clear and free of debris, lighted and striped); (e) the landscaping on the Leased Premises; (f) all tubes and bulbs used in lighting in the Leased Premises; and (g) all of Tenant's trade fixtures, equipment, furniture and other personal property placed in or perform any maintenance about the Leased Premises, regardless of whether or not permanently affixed to the Leased Premises. Lessee covenants and agrees that it Tenant shall be responsible for make all repairs, alterations, replacements, or maintenance of, including but without limitation repairs to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment improvements when necessary. Lessee further agrees Tenant shall keep and maintain all portions of the Leased Premises and other improvements in a clean and orderly condition. If Tenant fails to be responsible formake the repairs required of Tenant herein, or in the event of an emergency, Landlord may, at its own expenseoption, snow removal, lawn maintenance, landscaping, maintenance of make the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items. (B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but event Tenant shall not be required to do so, and Lessee shall pay reimburse Landlord for the cost thereof to Lessor thereof, together with twenty percent (20%) of said cost for administrative fees, as additional rent hereunder within five (5) business days following demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixtures. In the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additionsdemand therefor.

Appears in 1 contract

Samples: Lease Agreement (Palweb Corp)

Repairs and Maintenance. (A) Lessee A. Tenant covenants and agrees throughout the Term, at its expense, to keep and maintain in good order, condition order and repair the interior and exterior of the Leased Premises during the term of the Lease, or any renewal terms, and further agrees that Lessor shall be under no obligation to make any repairs or perform any maintenance to the Leased Premises. Lessee covenants and agrees that it shall be responsible for all repairs, alterations, replacements, or maintenance of, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items. (B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity structure of the Leased Premises, in which case no notice need be given)and to maintain and replace when necessary, Lessor may cause such all window and door glass therein, interior and exterior, to maintain and repair all building service equipment therein including, but not limited to, electrical, plumbing, heating, air conditioning and sprinkler equipment, pipes, wires, ducts, fixtures and appliances; to make all ordinary and necessary repairs to be made, but shall not be required any of the foregoing; to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements to keep the Leased Premises without in a safe, clean, and sanitary condition; and to provide for the consent removal of Lessor if such repairs trash and improvements do not exceed Fifty Thousand Dollars ($50,000.00)rubbish. Landlord warrants that upon Tenant's occupancy, provided such repairs or improvements do not affect that the structural integrity following are in good order and repair: interior structure of the Leased Premises, all window and door glass therein, interior and exterior, all building service equipment therein including, but not limited to, electrical, plumbing, heating, air conditioning and sprinkler equipment, pipes, wires, ducts, fixtures and appliances; Landlord has made all ordinary and necessary repairs to any of the foregoing prior to Tenant's occupancy. B. Landlord will provide, at Tenant's expense, for inspection at least once each calendar quarter, of the Building's heating, air conditioning and ventilating equipment (other than any such equipment installed in the Leased Premises by Tenant). Any Such inspection shall encompass the work described on Exhibit "D" attached hereto and made a part of and provide for necessary repairs or improvements in excess thereto. Landlord will provide Tenant with copies of Fifty Thousand Dollars all service calls and reports, upon written request to Landlord, within thirty ($50,000.0030) or affecting days after any service call. C. Landlord agrees to perform at its expense, maintenance, repair and replacement to: (i) the exterior and structural integrity portions of the Building, including without limitation, the replacement of parking lot; (ii) the roof and roof membrane; (iii) all utility and Building systems not exclusively serving the Leased Premises and those located outside of the Leased Premises may Premises; (iv) the Common Areas at the Real Property; and (v) gutters, downspouts, flashing and floor slab. The cost of all such repairs and replacements shall be done only with allocated as set forth in Paragraph 12D of this Lease except when such repairs and/or replacements are necessitated by the prior written consent negligence or other act or omission of Lessorthe Tenant or its employees, contractors or invitees (e.g. a roof penetration made by Tenant's contractor as part of the Tenant's initial improvements) in which event the cost shall be borne solely by Tenant. D. During the Term, the repair and replacement of capital items (as determined by generally accepted accounting principles ("GAAP") such consent not as the roof, roof membrane, building systems, structural elements of the Building, HVAC system components, utility connections, re-paving of parking lots and paved areas are to be unreasonably withheld the expense and responsibility of the Landlord, with no reimbursement by Tenant. Thereafter, during any extension or delayed. All alterations and additions to renewal of the Leased Premises Term, the cost of these items shall be made in accordance with all applicable laws amortized over their useful life, and the annual amortized portion of these costs shall remain for be passed through as Annual Operating Expenses. The repair of non-capital items as determined by GAAP shall be included as part of Annual Operating Expenses both during the benefit of Lessor, except for Lessee's moveable trade fixtures. In the event of making such alterations as herein provided, Lessee further agrees to indemnify Term and save harmless Lessor from all expense, liens, claims any extension or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additionsrenewal thereof.

Appears in 1 contract

Samples: Lease Agreement (Innotrac Corp)

Repairs and Maintenance. (A) Lessee covenants Throughout the Lease Term, Tenant shall, at Tenant's sole cost and agrees to expense, keep and maintain the Premises and the building and all other improvements now or hereafter situated upon the Premises, in good ordergood, clean and safe condition and repair to a commercially reasonable standard, including, but not limited to, repairing any damage caused by Tenant or Tenant's Representatives and replacing any property so damaged by Tenant or Tenant's Representatives. Without limiting the generality of the foregoing, Tenant shall be solely responsible for maintaining, repairing and replacing (a) the structural and exterior portions, roof, roof membrane and covering material, foundations, and 15 exterior walls, (b) all mechanical systems, heating, ventilation and air conditioning systems, (c) all plumbing, electrical wiring and equipment, (d) all exterior and interior lighting (including, without limitation, light bulbs and/or ballasts), (e) all glass, windows, window frames, window casements, skylights, interior and exterior doors, door frames and door closers, (f) all roll-up doors, ramps and dock equipment, including, without limitation, dock bumpers, dock plates, dock seals, dock levelers and dock lights, (g) all tenant signage, (h) lifts for disabled persons, (i) sprinkler systems, fire protection systems and security systems, (j) all partitions, fixtures, equipment, interior painting, and interior walls and floors of the Leased Premises during and every part thereof. Landlord shall have no obligation whatsoever to keep, maintain, alter, remodel, improve, repair, replace, decorate or paint the term building or any improvements now or hereafter situated upon the Premises. It is the intention of the Leaseparties that Tenant and not Landlord shall have the full responsibility and obligation for the repair, or any renewal terms, replacement and further agrees that Lessor shall be under no obligation to make any repairs or perform any maintenance to the Leased Premises. Lessee covenants and agrees that it shall be responsible for all repairs, alterations, replacements, or maintenance of, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot (including parking lines, seal coating, and blacktop surfacing), building and other similar items. (B) If Lessee refuses improvements now or neglects hereafter situated upon the Premises and, except as otherwise expressly provided herein, Tenant waives, to commence the full extent allowed by law, any right or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve remedy against Landlord based upon the safety and integrity condition of the Leased Premises, in which case no notice need be given), Lessor may cause building or any improvements now or hereafter situated upon the Premises or any failure by Landlord or Tenant to repair or maintain the building or any such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixtures. In the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additions.

Appears in 1 contract

Samples: Lease Agreement (New Ico Global Communications Holdings LTD)

Repairs and Maintenance. (A) Lessee covenants 14.1.1 T enant’s Obligation. Tenant shall, commencing on the Execution Date and agrees to keep and maintain in good order, condition and repair throughout the interior and exterior remainder of the Leased Premises during the term of the Lease, or any renewal terms, and further agrees that Lessor shall be under no obligation to make any repairs or perform any maintenance to the Leased Premises. Lessee covenants and agrees that it shall be responsible for all repairs, alterations, replacements, or maintenance of, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees to be responsible forTerm, at its own expense, snow removalat no cost or expense to Landlord and in compliance with Applicable Laws, lawn maintenancedo the following (collectively, landscaping, maintenance of the parking lot (including parking lines, seal coating, “Maintenance and blacktop surfacing), and other similar items.Repair Work”): (Ba) If Lessee refuses Perform all Maintenance and otherwise keep and maintain, or neglects cause to commence be kept and maintained, the Leased Premises and all Personal Property located within the Leased Premises in good working repair in accordance with the Operating Standard and in compliance with all Applicable Laws; (b) Promptly make, or complete repairs promptly cause to be made, all necessary repairs, interior and adequatelyexterior, after prior written notice structural and non-structural, foreseen as required under Article 16(B) (except in cases of emergency well as unforeseen, to prevent waste or preserve the safety and integrity of the Leased Premises, including those which constitute Capital Repairs, to keep the Leased Premises clean, in which case no notice need be given)good working repair, Lessor may cause such repairs order and condition in accordance with the Operating Standard and in compliance with all Applicable Laws; (c) Perform all alterations, upgrades, improvements, renovations or refurbishments to be madethe Leased Premises, but including Capital Repairs, necessary to keep the Leased Premises in a condition consistent with the standards of Comparable Recreational Properties; (d) Provide, maintain and repair any water/sewer pipes, chilled water lines, electrical lines, gas pipes, conduits, mains and other utility transmission facilities necessary for Tenant’s operations from the Leased Premises as provided in Section 14.2. This Section 14.1 shall not be required apply to do soany damage or destruction by fire or other Casualty within the scope of Section 18.4 in the event Tenant is entitled to, and Lessee shall pay timely makes the cost thereof to Lessor within five (5) business days following demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of election permitted under Section 18.4 to, terminate this Lease. If Lessee is Further, this Section 14.1 shall not then apply to any damage caused by any Condemnation Action within the scope of Section 20.1.1 in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixtures. In the event of making such alterations as herein providedTenant is entitled to, Lessee further agrees and timely makes the election permitted under Section 20.1.1, to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additionsterminate this Lease.

Appears in 1 contract

Samples: Economic Development Agreement

Repairs and Maintenance. (A) Section 10.01 Throughout the Demised Term, Lessee covenants shall, without any cost or expense to Lessor, take good care of and agrees to keep and maintain in good order, condition order and repair the interior and exterior of the Leased Premises during the term of the Leaserepair, or any renewal termscause the same to be done, inside and out the Demised Premises, including all buildings and structures which are now or shall hereafter be constructed on, below, above or appurtenant to the Demised Premises, and further agrees that Lessor shall be under no obligation to make any repairs or perform any maintenance to the Leased Premises. Lessee covenants and agrees that it shall be responsible for all repairs, alterations, replacementsadditions and improvements therein or thereto, or maintenance ofand the roofs and foundations thereof, and all fixtures and appurtenances therein and thereto, and all equipment thereof, including but without limitation not limited to, all boilers, elevators, machinery, pipes, plumbing, wiring, gas, steam and electrical fittings, sidewalks, vaults, water, sewer and gas connections, heating equipment, air-conditioning equipment and machinery, and all other fixtures, machinery and equipment installed and owned by Lessee now or hereafter belonging to or of: The interior connected with the Demised Premises or used in their operation; make all repairs inside and exterior portions outside, ordinary and extraordinary, structural or otherwise, necessary to preserve the Demised Premises and the said buildings and improvements in good order and condition, which repairs shall be in quality and class at least equal to the original work; promptly pay or cause the payment of the expense of such repairs; suffer no waste or injury; keep the sidewalk, driveways, entrances and exits, curb and parking areas in good repair and reasonably free from snow, ice, dirt and rubbish; maintain and replace all doorslandscaping, parking and other outside areas comprising the Demised Premises; door checks give prompt notice to Lessor of any fire that may occur; make repairs and operatorsimprovements to such buildings and structures and to restore the same after damage or destruction by fire or other casualty and risk or by partial condemnation; windows; plate glass; plumbing; water comply with all orders and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances requirements of any governmental authority applicable to such buildings and similar equipment; heating structures and air conditioning equipmentoutside areas and to any occupation thereof; and any equipment owned repair at or before the end of the Demised Term, all injury done by Lessor the installation or removal of furniture, trade fixtures and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessaryproperty. Lessee further agrees to be responsible forreturn the Demised Premises to the Lessor, at its own expense, snow removal, lawn maintenance, landscaping, maintenance the end of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items. (B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased PremisesDemised Term, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessorsubstantially as good condition as when received, except for Lessee's moveable trade fixturesusual and ordinary wear and tear. In However, in no event will Lessee be responsible for the event replacement of making the roof after the Demised Term. Section 10.02 Lessee shall be responsible for the total operating costs incurred in operating the improvements on the Demised Premises and the costs of all maintenance and repairs, including, but not limited to, the costs and expenses incurred for maintenance, repairs, janitorial services, utilities, removal of snow, trash, rubbish, garbage and other refuse, supplies, depreciation on the machinery and equipment used in such alterations maintenance and repairs, the cost of personnel to implement such services, maintenance and repairs, to direct parking and to police the Demised Premises. Section 10.03 When used in this Lease, the term "repairs" as herein provided, Lessee further agrees applied to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairsbuildings, improvements, alterations structures or additionsequipment shall include replacements, or Lessee's failure to make said repairsrestoration and/or renewals when necessary, improvements, alterations or additionsas well as painting and decorating.

Appears in 1 contract

Samples: Lease Agreement (Vari L Co Inc)

Repairs and Maintenance. (A) Lessee covenants and agrees to keep and maintain in good order, condition and repair the interior and exterior of the Leased Premises during the term of the Lease, or any renewal terms, and . Lessee further agrees that Lessor shall be under no obligation to make any repairs or perform any maintenance to the Leased Premises, but Lessor shall reimburse Lessee for such reasonable costs and expenses incurred by Lessee in complying with Lessee's obligations under this Article relating to repairs, replacements and maintenance if the need for the same is caused by the negligent acts or omissions of Lessor, its agents, contractors or employees, but only to the extent such costs and expenses are not covered by the insurance maintained by Lessee or would not be covered by the insurance required to be maintained by Lessee under this Lease (if Lessee shall have failed to maintain the same). Lessee covenants and agrees that during the term of the Lease it shall be responsible for all repairs, alterations, replacements, or maintenance of, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B C attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees during the term of the Lease to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items. (B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice and opportunity to cure as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee is not then in default hereunderhereunder beyond the expiration of applicable cure periods, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixturesProperty (defined below). In the event of making such alterations as herein provided, subject to Article 21, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, by or on behalf of Lessee or any sublessee of Lessee, or Lessee's failure to make said repairs, improvements, alterations or additions.

Appears in 1 contract

Samples: Net Lease Agreement (Aei Real Estate Fund Xvi LTD Partnership)

Repairs and Maintenance. (A) Lessee covenants and agrees 18.1. Subject to keep the limitations set forth in Section 16.9, Landlord shall repair and maintain in a first class manner consistent with comparable office and laboratory life science buildings in the Burlington/128 submarket as of the date hereof, and in compliance with all Applicable Laws, and replace as and when necessary, the structural and exterior portions and Common Area of the Building and the Project, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); base Building HVAC systems up to the first damper or isolation valve that serves the Premises (for purposes of clarity, the portion of the HVAC system that includes such first damper or isolation valve and extends into and through the Premises and any supplemental HVAC serving the Premises shall not be part of the base Building HVAC and shall be Tenant’s obligation to maintain and repair pursuant to Section 18.2 below); the Acid Neutralization Tank and associated monitoring system; elevators; and electrical systems installed or furnished by Landlord. 18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises (including but not limited to (i) the portion of the HVAC system that includes such first damper or isolation valve and extends into and through the Premises and any supplemental HVAC serving the Premises and (ii) and any loading dock(s) directly serving the Premises), and every part thereof in good order, condition and repair 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, upon the interior and exterior expiration or sooner termination of the Leased Term, surrender the Premises during to Landlord in as good a condition as existed when the term Landlord Work is finally completed by Landlord, 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 and damage by casualty and taking excepted; and shall, at Landlord’s request and Xxxxxx’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Lease, Work Letter or Section 4.1. 18.3. Landlord shall not be liable for any renewal terms, and further agrees that Lessor shall be under no obligation failure to make any repairs or to perform any maintenance that is Xxxxxxxx’s obligation pursuant to this Lease unless such failure shall persist for thirty (30) days, or such additional time as is reasonably required to correct any such failure, after Tenant provides Landlord with written notice of the Leased Premisesneed of such repairs or maintenance. Lessee covenants and agrees that it Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.4. If any excavation shall be responsible for all repairs, alterations, replacementsmade upon land adjacent to or under the Building, or maintenance of, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees to shall be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items. (B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs authorized to be made, but Tenant shall not be required afford to do sothe 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 Lessee shall pay protect the cost thereof Building from injury or damage and to Lessor within five (5) business days following demandsupport the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease. 18.5. It is understood that Lessee shall pay all expenses This Article relates to repairs and maintenance and repair during arising in the term ordinary course of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs or improvements do not affect the structural integrity operation of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting Building and the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixturesProject. In the event of making such alterations as herein provideda casualty described in Article 24, Lessee further agrees Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article. 18.6. Costs incurred by Landlord pursuant to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additionsthis Article shall constitute Operating Expenses.

Appears in 1 contract

Samples: Lease (Fractyl Health, Inc.)

Repairs and Maintenance. (A) Lessee covenants and agrees to keep and maintain in good order, condition and repair the interior and exterior of the Leased Premises during the term of the Lease, or any renewal terms, and further agrees that Lessor shall be under no obligation to make any repairs or perform any maintenance to the Leased Premises. Lessee covenants and agrees that it shall be responsible for all repairs, alterations, replacements, or maintenance of, including but without limitation to or of: The the interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items. (B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after upon not less than ten (10) days' prior written notice as required under Article 16(B) to Lessee (except in cases the event of a bona fide emergency to prevent where waste or preserve may occur on the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days upon demand. Notwithstanding the foregoing, if following demandLessee's receipt of such notice from Lessor, Lessee commences such repair and is diligently proceeding to complete such repair, Lessor may not make or complete such repair. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee is not then in default hereunderhereunder beyond the period allowed herein for cure following delivery of notice to Lessee, Lessee shall have the right to make repairs non- structural alterations and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed One Hundred Fifty Thousand Dollars ($50,000.00)150,000.00) in any twelve month period, provided such repairs alterations or improvements do not affect the structural integrity of the Leased Premises. Any repairs structural alterations or improvements in excess of One Hundred Fifty Thousand Dollars ($50,000.00150,000.00) in any twelve month period or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and permanent additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixtures. In the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said necessary repairs, improvements, alterations or additions, or Lessee's failure to make said necessary repairs, improvementsexcept to the extent arising out of the negligence or intentional misconduct of Lessor, alterations or additionsits employees, agents and contractors.

Appears in 1 contract

Samples: Net Lease Agreement (Aei Income & Growth Fund 25 LLC)

Repairs and Maintenance. (A) Lessee covenants and agrees to keep and maintain in good order, condition and repair the interior and exterior of the Leased Premises during the term of the Lease, or any renewal terms, and further agrees that Lessor shall be under no obligation to make any repairs or perform any maintenance to the Leased Premises. Lessee covenants and agrees that it shall be responsible for all repairs, alterations, replacements, or maintenance of, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B B, if any, attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items. (B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixtures. In the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additions.

Appears in 1 contract

Samples: Net Lease Agreement (Aei Net Lease Income & Growth Fund Xx Limited Partnership)

Repairs and Maintenance. (A) Lessee covenants and agrees to keep 18.1. Landlord shall repair and maintain the structural and exterior portions and Common Area of the Building and the Project, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); base Building HVAC systems; 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; and base Building electrical systems installed or furnished by Landlord. 18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises (including but not limited to any systems or equipment exclusively serving the Premises, but excluding the base Building HVAC systems up to the first damper or isolation valve that extends into and serves the Premises) and every part thereof in good order, condition and repair 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 Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon the interior and exterior expiration or sooner termination of the Leased Term, surrender the Premises during to Landlord in as good a condition as existed when the term Tenant Improvements are finally completed by Landlord, 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 paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Lease, or Work Letter. 18.3. Landlord shall not be liable for any renewal terms, and further agrees that Lessor shall be under no obligation 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 Leased Premisesneed of such repairs or maintenance. Lessee covenants and agrees that it Except as otherwise set forth in Section 31.12, Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.4. If any excavation shall be responsible for all repairs, alterations, replacementsmade upon land adjacent to or under the Building, or maintenance of, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees to shall be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items. (B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs authorized to be made, but Tenant shall not be required afford to do sothe 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 Lessee shall pay protect the cost thereof Building from injury or damage and to Lessor within five (5) business days following demandsupport the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease. 18.5. It is understood that Lessee shall pay all expenses This Article relates to repairs and maintenance and repair during arising in the term ordinary course of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs or improvements do not affect the structural integrity operation of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting Building and the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixturesProject. In the event of making such alterations a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article. 18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses, subject to the limitations on inclusion of certain costs associated with capital expenditures, as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additionsset forth in Section 9.1(c).

Appears in 1 contract

Samples: Lease Agreement (Synlogic, Inc.)

Repairs and Maintenance. (A) Lessee covenants and agrees to keep and maintain in good order, condition and repair the interior and exterior of the Leased Premises during the term of the Lease, or any renewal terms, and further agrees that Lessor shall be under no obligation to make any repairs or perform any maintenance to the Leased Premises. Lessee covenants and agrees that it shall be responsible for all repairs, alterations, replacements, or maintenance of, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items. (B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Twenty Five Thousand Dollars ($50,000.0025,000.00), provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Twenty Five Thousand Dollars ($50,000.0025,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixtures. In the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additions.

Appears in 1 contract

Samples: Net Lease Agreement (Aei Real Estate Fund 85-a LTD Partnership)

Repairs and Maintenance. 137 Tenant acknowledges that Tenant has inspected the Leased Property prior to the Binding Agreement Date stated herein 138 and acknowledges that it is in a clean, fit, and habitable condition. Tenant acknowledges that all appliances (Aif present 139 on the Leased Property), including but not limited to the refrigerator, dishwasher, washer, dryer, garbage disposal, 140 heating system, air conditioning system, swimming pool equipment, plumbing, smoke detectors, septic systems, security 141 systems, gas logs, hot water heater, and light fixtures (including ceiling fans) Lessee covenants are operable as of the Binding Agreement 142 Date unless otherwise noted herein. Tenant’s taking possession of the Leased Property is evidence that the Leased 143 Property is in a clean, fit, and agrees habitable condition. 144 The following shall be kept in good working order and repair, normal wear and tear excepted, by either Landlord or 145 Tenant as follows [Check all that apply. The sections not marked shall not be part of this Lease Agreement.]: 146 TENANT LANDLORD TENANT LANDLORD 147 Fence □ □ Light Fixtures □ □ 148 Driveway □ □ Exterior walkways □ □ 149 Interior Walls □ □ Patio/Porch □ □ 150 TENANT LANDLORD TENANT LANDLORD 151 Carpet/Flooring □ □ Landscaping/Yard □ □ 152 Swimming Pool □ □ Outbuildings □ □ 153 Any item not mentioned herein but existing on the Leased Property (other than furniture, fixtures and personal property 154 of Tenant) shall be maintained by Landlord during the Lease Term and any extensions or hold-overs thereof. 155 Upon receipt of written notice from Tenant, Landlord shall, within a reasonable time period thereafter, repair all defects 156 in those facilities and systems that are the responsibility of Landlord to keep and maintain in good order, condition working order and repair. If 157 Tenant does not perform its maintenance and repair obligations as set forth herein as promptly as conditions require in 158 case of Emergency (as defined herein) or within fourteen (14) days after written notice by Landlord specifying the interior 159 breach and exterior of requesting that Tenant remedy it within that period, Landlord may enter the Leased Premises during Property and cause the term 160 work to be done in a workmanlike manner and submit an itemized xxxx for the cost of repairs to Tenant. Tenant shall pay 161 said repair xxxx at the time that the next Rent payment is due. If Lease Agreement has been terminated, Tenant shall pay 162 repair xxxx immediately. Tenant shall be responsible for the reasonable costs of any and all repairs made necessary by the 163 negligence or willful misconduct of Tenant (including Tenant’s family members, agents, employees, contractors, 164 licensees, invitees, guests, pets or anyone or anything else under the control of Tenant). In the event that Tenant does not 165 promptly pay for any repairs and/or maintenance required under the Lease following termination of the Lease, Landlord 166 may deduct that amount from the Security Deposit. Tenant agrees to immediately contact Landlord in the event that any 167 malfunction or any renewal terms, and further agrees that Lessor shall be under no obligation to make any repairs or perform any maintenance damage occurs to the Leased Premises. Lessee covenants and agrees that it shall be responsible for all repairs, alterations, replacements, or maintenance of, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereundersystems, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot plumbing (including parking lines, seal coating, and blacktop surfacinghot water heater), and other similar items168 septic, electrical or roofing systems. (B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixtures. In the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additions.

Appears in 1 contract

Samples: Residential Lease Agreement

Repairs and Maintenance. (A) Lessee 7.1 The Tenant covenants and agrees to keep and maintain in good order, condition and repair the interior and exterior of the Leased Premises during the term of the Lease, or any renewal termsLease Term, and further agrees that Lessor the Landlord shall be under no obligation to make any repairs or perform any maintenance to the Leased Premises. Lessee The Tenant covenants and agrees that it shall be responsible for all structural and non-structural repairs, alterations, replacements, alterations or maintenance ofmaintenance, including but without limitation to or of: The the interior and exterior portions of all doors; , door checks and operators; , windows; , plate glass; , plumbing; , water and sewage facilities; , fixtures; , electrical equipment; , interior walls; , ceilings; , signs; roof; structure; , interior building appliances and similar equipment; , heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee The Tenant further agrees to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot (including parking lines, seal coating, lines and blacktop surfacing), and other similar items. (B) 7.2 If Lessee the Tenant refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be madeLandlord may, but shall not be required to to, do so, so and Lessee the Tenant shall pay the cost thereof to Lessor within five (5) business days following Landlord upon demand. It is understood that Lessee the intention of the parties hereto is that the Tenant shall pay all expenses and maintenance and repair during the term Lease Term. The Tenant further covenants and agrees not to permit alterations of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs or improvements do not affect the structural integrity upon any part of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting the structural integrity of the Leased Premises may be done only except by and with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayedthe Landlord. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessorthe Landlord unless otherwise provided in the said written consent; and the Tenant further agrees, except for Lessee's moveable trade fixtures. In in the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor the Landlord from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise arising out of or result resulting from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additions. 7.3 Notwithstanding anything contained herein to the contrary, if during the last two Lease Years of the initial Lease Term only, the building's roof needs to be replaced, Landlord and Tenant shall each pay one-half the cost thereof. In the event of such roof replacement under this Section 7.3, Landlord and Tenant must mutually agree upon the contractor and the terms of any bid or contract with respect to the work. If the parties are unable to reach agreement, then they will jointly select an independent architect or engineer who shall prepare specifications for the work and contract, solicit competitive bids and award the contract on their joint behalf. Any fee of the architect or engineer shall be paid equally by Landlord and Tenant. Notwithstanding anything contained herein to the contrary, if during the last two years of the initial Lease Term only, the aggregate cost of repairs, maintenance and replacement of the heating, ventilation, and air conditioning equipment ("HVAC Equipment") shall exceed $5,000 (the amount in excess of $5,000 hereinafter referred to as the "Excess Cost"), the Landlord shall pay one-half of the Excess Cost and Tenant shall pay the costs up to and including $5,000.00 plus one-half of the Excess Cost. In the event of replacing any HVAC Equipment during the last two years of the initial Lease Term, Landlord and Tenant must mutually agree upon the contractor and the terms of any bid or contract with respect to the work. If the parties are unable to reach agreement as to the contractor and the terms of any such bid or contract, or in the event that the parties are unable to reach agreement as to whether or not repairs versus replacement is appropriate, then they shall jointly select a mechanical engineer who shall first determine whether or not repair or replacement is appropriate and, if replacement is appropriate, the mechanical engineer shall prepare specifications for the work and contract, solicit competitive bids and award the contract on their joint behalf. Any fee of the mechanical engineer shall be paid equally by Landlord and Tenant. In the event that (i) at the time of any such repair, maintenance or replacement of HVAC Equipment, Tenant has exercised its first option to extend the term hereof pursuant to Section 2.2, then Landlord shall only be required to pay 25% of any Excess Cost, and (ii) if subsequent to such repair, maintenance and replacement resulting in a payment of 50% of Excess Cost by Landlord, Tenant subsequently exercises its first option to extend the term pursuant to Section 2.2, then as a condition of exercise, Tenant must contemporaneously with sending notice thereof reimburse Landlord 25% of the Excess Cost. In the event that Tenant desires to exercise its second option to extend the term pursuant to Section 2.2, then as a condition of exercise Tenant must contemporaneously with sending notice thereof reimburse Landlord an additional 25% of any Excess Cost.

Appears in 1 contract

Samples: Lease (Northstar Computer Forms Inc/Mn)

Repairs and Maintenance. (Aa) Lessee covenants The Lessee, at its expense, shall be solely responsible for maintaining and agrees to keep keeping the Leased Premises and maintain all appurtenances and fixtures thereto in the reasonable opinion of the Lessor, in good orderand sufficient repair and in good working order when, condition where and repair so often as may be necessary, including such repairs as may be necessary by reason of ordinary wear and tear, painting the interior and exterior also including, without limit, all machinery, facilities, fixtures, doors, including sliding and overhead, plumbing apparatus, plate glass, windows, pipes, wiring, heating apparatus, air conditioning apparatus, floors, drains, electric tight fixtures, wiring and equipment, whether interior or exterior, it is also agreed and hereby acknowledged by the Lessee that the said maintenance and repairs shall, whenever and wherever necessary, including replacements and renewals, and that the same shall be done with due diligence and dispatch. PROVIDED, that the said obligations of the Lessee to repair, maintain, replace and renew as aforesaid shall not include and extend to damage by fire, lightning, tempest, explosion, acts of the Queen's enemies, act of God, or other event covered by the insurance referred to in Clause 6(a) of this Lease, and are subject to Clause 13 of this Lease. The Lessee further covenants that if the Lessee shall at any time fail to so maintain and make such repairs, renewals or replacements, the Lessor may do so or may cause another to do so in a good and workmanlike manner, and the cost thereof shall be for the account of the Lessee, and upon receipt by the Lessee of the Lessor's statement setting out the amount thereof, the Lessee shall pay to the Lessor such amount. For the purposes aforesaid, the Lessee shall permit the Lessor, its servants, agents, contractors, licensees and workmen, at all reasonable times, to enter upon the Leased Premises without liability to the Lessor for any loss or damage that may accrue to the Lessee by reason thereof, including without limiting, the business of the Lessee. (b) The Lessee shall permit the Lessor, its agents, servants, contractors, licensees and workmen to enter from time to time upon the Leased Premises, or a any part thereof, at all reasonable times for the purpose of viewing and examining the condition and state of repair of the Leased Premises. (c) At the expiration or sooner termination of this Lease, the Lessee shall deliver upon and surrender the Leased Premises during in good and sufficient repair, in the term reasonable opinion of the Lease, or any renewal termsLessor, and further agrees that the Lessee shall surrender to the Lessor shall be under no obligation to make any repairs or perform any maintenance to all the keys for the Leased Premises. Lessee covenants The Lessee's obligations to observe serve and agrees that it perform as aforesaid shall be responsible for all repairs, alterations, replacements, survive the expiration or maintenance of, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance sooner termination of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items. (B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term terms of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixtures. In the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additions.

Appears in 1 contract

Samples: Lease Agreement (Datawave Systems Inc)

Repairs and Maintenance. (A) Lessee covenants and agrees to keep and maintain in good order, condition and repair the interior and exterior of the Leased Premises during the term of the Lease, or any renewal terms, subject to ordinary wear and tear, and further agrees that Lessor shall be under no obligation to make any repairs or perform any maintenance to the Leased Premises. Lessee covenants and agrees that it shall be responsible for all repairs, alterations, replacements, or maintenance of, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B C, if any, attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items. (B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Ten Thousand Dollars ($50,000.0010,000.00), provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Ten Thousand Dollars ($50,000.0010,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixtures. In the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additions.

Appears in 1 contract

Samples: Net Lease Agreement (Aei Net Lease Income & Growth Fund Xix Limited Partnership)

Repairs and Maintenance. (A) 9.01 Lessee covenants acknowledges that the Demised Premises are in good order and agrees to condition as of the time of executing this Lease Agreement. Lessee shall, at all times during the term hereof and at Lessee's own expense, keep and maintain the Demised Premises and every part thereof in good order, condition and repair repair, whether or not the interior and exterior need for such repairs occurs as a result of Lessee's use, any prior use, the elements, or the age of the Leased Demised Premises during or any portion thereof, and including, without limiting the term generality of the Leaseforegoing, all plumbing, heating, air conditioning, ventilating, electrical, lighting facilities, and equipment within the Demised Premises, fixtures, interior surfaces of the exterior walls, ceilings, floor coverings, windows, doors, plate glass, and skylights located within the Demised Premises. Except as provided in Section 9.02 below, Lessee hereby waives all rights to make repairs at the expense of Lessor or in lieu thereof to vacate the Demised Premises as provided by California Civil Code Section 1942 or any renewal termsother law, statute or ordinance now or hereafter in effect. 9.02 The maintenance obligations of Lessee, as set forth in Section 9.01, shall not include the exterior shell, roof and further agrees that Lessor common areas of any building comprising a part of the Demised Premises and such exterior shell, roof and common areas shall be under no obligation to make any repairs or perform any maintenance to the Leased Premises. Lessee covenants and agrees that it shall be responsible for all repairs, alterations, replacements, or maintenance of, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned maintained by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees to be responsible forLessor, at its Lessor's own expense, snow removal, lawn maintenance, landscaping, maintenance but without liability for failure to do so unless first notified by Lessee in writing of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items. (B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause necessity for such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixturesrepairs. In the event Lessor shall fail to commence and complete the repairs within a reasonable time following receipt of making such alterations as herein providednotice, Lessee further agrees may notify Lessor of Lessee's intention to indemnify perform the repair work and save harmless Lessor Lessee may proceed to do so at any time after the expiration of three days from all expense, liens, claims or damages to either persons or property or Lessor's receipt of such notice and Lessee may deduct the Leased Premises which may arise out cost of or result the work from the undertaking or making next installment(s) of said repairs, improvements, alterations or additions, or Lessee's failure rent payable to make said repairs, improvements, alterations or additionsLessor.

Appears in 1 contract

Samples: Real Estate Matters Agreement (Catalytica Energy Systems Inc)

Repairs and Maintenance. (Aa) Lessee covenants Except only as provided in Clause 8(c) herein, the Lessee, at its expense, shall be solely responsible for maintaining and agrees to keep keeping the Leased Premises and maintain all appurtenances and fixtures thereto in good orderand sufficient repair and in good working order when, condition where and repair so often as may be necessary, including such repairs as may be necessary, painting the interior and exterior also including, without limiting, all machinery, facilities, fixtures, doors, including sliding and overhead, plumbing apparatus, plate glass, windows, pipes, wiring, heating apparatus, air conditioning apparatus, floors, drains, and interior electric light fixtures, wiring and equipment. It is also agreed and hereby acknowledged by the Lessee that the said maintenance and repairs shall, whenever and wherever necessary, include replacements and renewals, and that the same shall be done with due diligence and dispatch. PROVIDED, that the said obligations of the Lessee to repair, maintain, replace and renew as aforesaid shall not include and extend to reasonable wear and tear, damage by fire, lightning, tempest, explosion, acts of the Queen's enemies, act of God, or other event covered by the insurance referred to in Clause 5(a) of this Lease, and are subject to Clause 12 of this Lease. The Lessee further covenants that if the Lessee shall at any time fail to so maintain and to make such repairs, renewals or replacements, the Lessor may do so or may cause another to do so in a good and workmanlike manner, and the cost thereof shall be for the account of the Lessee, and upon receipt by the Lessee of the Lessor's statement setting out the amount thereof, the Lessee shall pay to the Lessor such amount. For the purposes aforesaid, the Lessee shall permit the Lessor, its servants, agents, contractors, licensees and workmen at all reasonable times to enter upon the Leased Premises without liability to the Lessor for any loss or damage that may accrue to the Lessee by reason thereof, including, without limiting, the business of the Lessee. (b) The Lessee shall permit the Lessor, its agents, servants, contractors, licensees and workmen to enter from time to time upon the Leased Premises, or any part thereof, at all reasonable times for the purpose of viewing and examining the condition and state of repair of the Leased Premises during the term Premises. (c) Except for repairs, maintenance, replacements or renewals required by reason of the Leasenegligence or wrongful act of the Lessee, its employees, agents, contractors or any renewal termsinvitees, the Lessor shall repair, maintain, replace and renew the Common Areas and all structural repairs for replacements in respect of the roof of the Building and repairs and replacements in respect of mechanical, heating, air condition and fire alarm systems in existence. As well, the Lessor, at its expense, shall be responsible for all structural repairs including repairs to the foundations, floors, perimeter walls and the roof, and further agrees that Lessor shall be under no obligation all repairs to make any repairs or perform any maintenance the main electrical systems and the sewer and drainage system exterior to the Leased Premises. Lessee covenants and agrees that it The Lessor shall be responsible for all repairs, alterations, replacements, or maintenance of, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees cause the aforesaid repairs to be responsible forcompleted with diligence and, at its own expenseupon default, snow removalthe Lessee may give notice to the Lessor of defects requiring repair or replacements from time to time under this Subclause (c) of which it has actual or constructive notice. PROVIDED, lawn maintenancehowever, landscaping, maintenance that breach of this covenant by the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar itemsLessee shall not entitle the Lessor to terminate this Lease. (Bd) If Lessee refuses At the expiration or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term sooner termination of this Lease. If Lessee is not then in default hereunder, the Lessee shall have the right to make repairs deliver up and improvements to surrender the Leased Premises without in good and sufficient repair, subject only to the consent of exceptions set forth in Clauses 8(a) and 8(c) hereof, and the Lessee shall surrender to the Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs or improvements do not affect the structural integrity of all keys for the Leased Premises. Any repairs The Lessee's obligations to observe and perform as aforesaid shall survive the expiration or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting the structural integrity sooner termination of the Leased Premises may be done only with the prior written consent terms of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixtures. In the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additionsthis Lease.

Appears in 1 contract

Samples: Lease Agreement (Rotoblock CORP)

Repairs and Maintenance. (Aa) Lessee covenants and Tenant agrees to keep and maintain in good order, condition and repair the interior and exterior of the Leased Premises during the term in good order and condition including all maintenance, upkeep and cleaning. Tenant shall procure any licenses or permits mandated for Tenant's use of the Lease, or any renewal terms, and further agrees that Lessor shall be under no obligation to make any repairs or perform any maintenance alteration to the Leased Premises. Lessee covenants Tenant shall also comply promptly with and agrees that it execute all rules, order, regulations and recommendations of the Board of Fire Underwriters, Rating Board and Landlord's insurance company with respect to the prevention of fires and the exposure of liability risks, and shall install and maintain all necessary safety appliances, but only to the extent such appliances are necessary because of Tenant's particular use of the Leased Premises. (b) If either party hereto is required to do any act under this Paragraph 9, said party shall promptly comply and, if said party shall neglect to act with reasonable dispatch after such demand by the other party, then the party requesting said act shall be free to perform same and the party responsible for said act shall thereafter immediately pay to the other the reasonable cost of any such acts. (c) Tenant shall be responsible for all repairs, alterations, replacements, or maintenance of, including but without limitation to or of: The interior and exterior portions the replacement of all doors; door checks light bulbs and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of ballasts in the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar itemsLeased Premises. (Bd) If Lessee refuses or neglects Nothing in this Section shall be construed to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premisesimpose upon Landlord, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term event of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements damage to the Leased Premises without caused by casualty any obligations other than those contained in Paragraph 12 below. (e) Landlord shall, at its expense and subject to Section 4(g) hereof, furnish to Tenant the consent of Lessor if such repairs following services, utilities, supplies and improvements do not exceed Fifty Thousand Dollars facilities throughout the Lease Term: ($50,000.00), provided such repairs or improvements do not affect the structural integrity of i) access to the Leased PremisesPremises twenty-four (24) hours a day, seven (7) days a week; (ii) passenger elevator service twenty-four(24) hours a day, seven (7) days a week; (iii) (x) heat, ventilation and air conditioning ("HVAC") on business days from 8:00 A.M. to 8:00 P.M. and on Saturdays from 8:00 A.M. to 1:00 P.M. (hereafter "Business Hours") and, at Tenant's request, at all other times as hereinafter provided in this Article. Any repairs or improvements Landlord represents and warrants that during the Lease Term the Building's HVAC systems will have the capacity, flexibility and ability to maintain the Leased Premises in excess reasonably comfortable condition which, taking the average of Fifty Thousand Dollars ($50,000.00) or affecting the structural integrity temperatures in various sections of the Leased Premises may be done only with at various points in time, shall average not more than 76 degrees Fahrenheit during the prior written consent of Lessor, such consent summer months and not to be unreasonably withheld or delayed. All alterations and additions to less than 70 degrees Fahrenheit during the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixtures. In the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additionswinter months.

Appears in 1 contract

Samples: Lease Agreement (Electronic Retailing Systems International Inc)

Repairs and Maintenance. (A) Lessee covenants Tenant represents and agrees warrants to Landlord that it has had the opportunity to inspect the Leased Premises prior to the execution of this Lease and that the same are clean and in good repair. Tenant shall keep and maintain in good order, condition and repair the interior and exterior of the Leased Premises during in good order, condition and repair including, without limitation, (a) the term roof, down spouts, gutters, sidewalks, walls, plate glass of the Leasewindows and doors; (b) all mechanical, or any renewal termselectrical and heating and air conditioning systems (including but not limited to all duct work and transmission conduits), and further agrees that Lessor all plumbing pipes, fixtures and connections both in and under the Leased Premises; (c) all interior and exterior repairs of a structural nature or arising out of structural defect, of which plastered surfaces shall be under no obligation to make any repairs considered a part; (d) the parking area (which shall include without limitation, keeping such area repaired, clear and free of debris, lighted and striped); (e) the landscaping on the Leased Premises; (f) all tubes and bulbs used in lighting in the Leased Premises; and (g) all of Tenant's trade fixtures, equipment, furniture and other personal property placed in or perform any maintenance about the Leased Premises, regardless of whether or not permanently affixed to the Leased Premises. Lessee covenants and agrees that it Tenant shall be responsible for make all repairs, alterations, replacements, or maintenance of, including but without limitation repairs to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment improvements when necessary. Lessee further agrees Tenant shall keep and maintain all portions of the Leased Premises and other improvements in a clean and orderly condition. If Tenant fails to be responsible formake the repairs required of Tenant herein, or in the event of an emergency, Landlord may, at its own expenseoption, snow removal, lawn maintenance, landscaping, maintenance of make the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items. (B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but event Tenant shall not be required to do so, and Lessee shall pay reimburse Landlord for the cost thereof to Lessor thereof, together with ten percent (10%) of said cost for administrative fees, as additional rent hereunder within five (5) business days following demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixtures. In the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additionsdemand therefor.

Appears in 1 contract

Samples: Lease Agreement (Palweb Corp)

Repairs and Maintenance. (A) Lessee covenants and agrees to keep and maintain in good order, condition and repair the interior and exterior of the Leased Premises during the term of the Lease, or any renewal terms, and further agrees that Lessor shall be under no obligation to make any repairs or perform any maintenance to the Leased Premises. Lessee covenants and agrees that it shall be responsible for all repairs, alterations, replacements, or maintenance of, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items. (B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after receipt of five (5 ) days prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following receipt of written demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixturesTrade Fixtures. The term "Trade Fixtures" shall not include oven hoods, Walk-in coolers or freezers, or the Leased Premises exterior lighting, which shall be owned by Lessor and leased from Lessor by Lessee according to the terms hereof, but the term shall otherwise mean all other Trade Fixtures, equipment, supplies, books, records, or other personalty, including but not limited to those items set forth on Exhibit C attached hereto (hereinafter referred to as "Trade Fixtures" or "Personalty") placed on the Leased Premises by Lessee. Lessor shall execute any instrument that any lien holder or party with a security interest in Lessee's Trade Fixtures may request acknowledging that (a) the Lessee has a right to install such Personalty on the Leased Premises; (b) the lien holder or secured party may maintain an interest in the Personalty superior to any interest in the same by Lessor; and (c) such lien holder or secured party shall have the right to remove any and all such Personalty in the event of a default in any instrument establishing such lien or security interest, subject to 10 days advance notice to Lessor and making reasonable repairs to the Leased Premises for any injury caused to the Leased Premises caused by the removal of the Personalty, except diminution in value caused by the absence of the Personalty, nor shall the lien holder or secured party have to replace the Personalty. In the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additions.

Appears in 1 contract

Samples: Net Lease Agreement (Aei Real Estate Fund 85-a LTD Partnership)

Repairs and Maintenance. (Aa) Lessee covenants Tenant shall at its own cost and agrees to expense keep and maintain all parts of the Premises in good ordercondition (reasonable wear and tear and casualty damage excepted), condition promptly making all necessary repairs and repair the replacements, interior and exterior, structural and non-structural, ordinary and extraordinary, including but not limited to, windows, glass and plate glass, doors, and special office entries, interior walls and finish work, floors and floor coverings, downspouts, gutters, heating, air conditioning and ventilation systems, dock boards, truck doors, dock bumpers, irrigation systems, paving, parking lot improvements, plumbing work and fixtures, pest extermination, exterior lighting fixtures, regular removal of trash and debris, regular mowing of any grass, trimming, weed removal, landscape replacement, general landscape maintenance, keeping the parking areas, driveways, alleys and the whole of the Leased premises in a clean and sanitary condition. Tenant’s maintenance obligations shall include any rail spur areas and any spur track serving the Premises if Tenant, at any time during the term Lease Term, makes use of any rail spur track. In this regard, Tenant agrees to sign a joint maintenance agreement with the railroad company servicing the Premises, if requested by the railroad company. Tenant shall not be obligated to repair any damage caused by fire, tornado or other casualty covered by the insurance to be maintained by Landlord pursuant to the provisions of this Lease, except that Tenant shall be obligated to repair all wind damage to glass except with respect to tornado or hurricane damage. (b) In the event Tenant fails to perform or have performed the following services after written notice from Landlord and a ten (10) day opportunity to cure, Landlord reserves the right to perform or have performed the paving and landscape maintenance, landscape replacement, exterior painting, maintenance of exterior lighting fixtures, and the maintenance of the Leaseirrigation systems and common sewerage line plumbing which are otherwise Tenant’s obligations under paragraph 8(b)(l) above and in such event, or any renewal termsTenant 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 further agrees that Lessor 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 be under have no obligation to make any repairs repair, maintain or perform any maintenance contribute to Landlord’s expense of replacing, repairing or maintaining the Leased roof, foundation of other structural portions of the Premises. Lessee covenants In the event Landlord is permitted by the terms of this Lease and agrees that it elects to perform or cause to be performed such work, Tenant shall be responsible pay when due such costs and expenses. (c) Tenant shall, at its own cost and expense, enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor for servicing all repairshot water, alterations, replacements, or maintenance of, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; systems and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of within or serving the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items. (B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars The maintenance contractor and the contract must be approved by Landlord ($50,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent which approval will not to be unreasonably withheld or delayed). All alterations The service contract must include all services suggested by the equipment manufacturer within the operation/maintenance manual and additions must become effective (and a copy thereof delivered to Landlord) within thirty (30) days of the date Tenant takes possession of the Premises. (d) If Tenant should fail to perform any of its obligations hereunder with respect to repairs and maintenance within ten (10) days after receipt of written notice form Landlord, then Landlord may, if it so elects, in addition to any other remedies provided herein, effect such repairs and maintenance. Any sums expended by Landlord in effecting such repairs and maintenance 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 Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit date of Lessor, except for Lessee's moveable trade fixtures. In the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additionsrepayment by Tenant.

Appears in 1 contract

Samples: Industrial Lease Agreement (Collegiate Pacific Inc)

Repairs and Maintenance. (A) Lessee covenants and agrees to keep and maintain in good order, condition and repair the interior and exterior of the Leased Premises during the term of the Lease, or any renewal terms, and further agrees that Lessor shall be under no obligation to make any repairs or perform any maintenance to the Leased Premises. Lessee covenants and agrees that it shall be responsible for all repairs, alterations, replacements, or maintenance of, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items. (B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after receipt of five (5 ) days prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following receipt of written demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixturesTrade Fixtures. The term ATrade Fixtures" shall not include oven hoods, Walk-in coolers or freezers, or the Leased Premises exterior lighting, which shall be owned by Lessor and leased from Lessor by Lessee according to the terms hereof, but the term shall otherwise mean all other Trade Fixtures, equipment, supplies, books, records, or other personalty, including but not limited to those items set forth on Exhibit C attached hereto (hereinafter referred to as ATrade Fixtures@ or APersonalty@) placed on the Leased Premises by Lessee. Lessor shall execute any instrument that any lien holder or party with a security interest in Lessee=s Trade Fixtures may request acknowledging that (a) the Lessee has a right to install such Personalty on the Leased Premises; (b) the lien holder or secured party may maintain an interest in the Personalty superior to any interest in the same by Lessor; and (c) such lien holder or secured party shall have the right to remove any and all such Personalty in the event of a default in any instrument establishing such lien or security interest, subject to 10 days advance notice to Lessor and making reasonable repairs to the Leased Premises for any injury caused to the Leased Premises caused by the removal of the Personalty, except diminution in value caused by the absence of the Personalty, nor shall the lien holder or secured party have to replace the Personalty. In the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additions.

Appears in 1 contract

Samples: Net Lease Agreement (Aei Income & Growth Fund Xxii LTD Partnership)

Repairs and Maintenance. (Aa) Lessee covenants Except as otherwise provided in Sections 10, 19 and agrees to 43 hereof, Tenant shall, at Tenant's sole expense, keep and maintain in good orderthe Premises (including without limitation, condition interior walls, roof membrane, heating, ventilation and repair the air conditioning systems, operating systems, sidewalks, parking lots, interior and exterior glass, fire sprinklers, alarms and landscaping that are part of or adjoin the Premises) in a clean and good condition and repair, including without limitation replacements as needed thereof, and to deliver to Landlord physical possession of the Leased Premises at the termination of this Lease or any sooner expiration thereof, in good condition and repair, reasonable wear and tear excepted. All repairs and replacements required of Tenant shall be promptly made with new materials of like kind and quality. If the work affects the structural elements of the Premises or if the estimated cost of any item of repair or replacement is in excess of Five Thousand Dollars ($5,000.00), Tenant shall first obtain Landlord's written approval of the scope of the work, the plans for the work, the materials to be used, and the contractor hired to perform the work. In the event that any singular repair of the roof membrane, the HVAC system, the parking lot, the fire sprinklers or the building operating systems of a capital nature costs in excess of Fifty Thousand dollars ($50,000.00) (each a "Singular Capital Expenditure") or in the event that the aggregate cost of replacing HVAC units installed in the Premises exceeds Fifty Thousand dollars ($50,000.00) during the Term (each replacement a "HVAC Capital Expenditure"), Tenant shall have the right to cause Landlord to pay for such Singular Capital Expenditure or the excess over Fifty Thousand Dollars ($50,000.00) of the HVAC Capital Expenditures ("Excess HVAC Capital Expenditure"), provided that Landlord shall amortize the amount paid by Landlord over the useful life of such Singular Capital Expenditure or such Excess HVAC Capital Expenditure, as the case may be, and Tenant shall pay as additional rent to Landlord on or before the first day of the calendar month immediately following the payment of such Singular Capital Expenditure or such Excess HVAC Capital Expenditure by Landlord, as the case may be, and on each anniversary thereof during the Term, an amount equal to the annual amortization of such Singular Capital Expenditure and/or such Excess HVAC Capital Expenditure, as the case may be. (b) Tenant shall maintain continuously throughout the term of the Lease a service contract for the maintenance of all heating, air conditioning, and ventilation equipment with a licensed repair and maintenance contractor reasonably approved by Landlord; the contract should provide for periodic inspections and servicing of the heating, air conditioning, and ventilation equipment at least once every ninety (90) days during the term of the LeaseLease (the "HVAC Contract"). (c) Tenant shall maintain continuously throughout the term of the Lease a service contract for the monitoring of fire sprinklers and alarms located on or about the Premises with a licensed service, which contract shall, inter alia, provide for the periodic testing and if necessary replacement of the fire sprinklers and alarms located on or about the Premises (the "Life Safety Contract"). (d) Within ten (10), days of the Commencement date, Tenant shall provide copies of the HVAC Contract and the Life Safety Contract to Landlord. (e) If at any renewal termstime during the Term, and further agrees that Lessor shall be under no obligation including renewals or extensions thereof, Tenant fails to maintain the Premises, make any repairs or replacements as required by this Section or maintain service contracts required by this Section, Landlord shall have the right to, but shall not be required to, enter the Premises and perform the maintenance or make the repairs or replacements or enter into appropriate service contracts, as the case may be, all for the account of Tenant and any sums expended by Landlord in so doing, together with interest at the lesser of ten percent (10%) per annum or the highest rate allowed by law, shall be deemed additional rent and shall be immediately due from Tenant on demand of Landlord. (f) Tenant waives the provisions of Civil Code ss.ss. 1941 and 1942 and any otxxx xaw that would require Landlord to maintain the Premises in a tenantable condition or would provide Tenant with the right to make repairs and deduct the cost of those repairs from the rent. (g) Landlord agrees that after the Substantial Completion of the Tenant Improvements, it shall, at its sole expense, maintain, repair and comply with all Legal Requirements regarding the building foundation, the exterior walls and the roof structure of the Premises, including any latent defects discovered therein; provided however that Landlord shall not be responsible for any repairs to or maintenance to the Leased Premisesbuilding foundation, exterior walls or roof structure caused by or resulting from the actions of Tenant or any of Tenant's contractors, employees, licensees, invitees or agents other than ordinary and customary wear and tear. Lessee covenants and Tenant agrees that it shall be responsible for all repairsand shall promptly repair or replace, alterationsas necessary, replacementsany part or portion of the building foundation, the exterior walls and the roof structure of the Premises; which repair or maintenance ofarises out of or results from the actions of Tenant or any of Tenant's contractors, including but without limitation to employees, licensees, invitees or of: The interior agents. In addition, Landlord agrees that after the Substantial Completion of the Tenant Improvements, it shall be responsible for and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereundershall promptly repair or replace, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace necessary, any part or portion of the Premises, which repair or maintenance arises out of or results from the actions of Landlord or any of said equipment when necessary. Lessee further agrees to be responsible forLandlord's contractors, at its own expenseemployees, snow removallicensees, lawn maintenance, landscaping, maintenance of the parking lot invitees or agents (including parking lines, seal coating, and blacktop surfacingother than Tenant), and other similar items. (Bh) If Lessee refuses In the event of an emergency (being defined as an imminent threat of personal injury to Tenant's employees or neglects material damage to commence Tenant's equipment or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve other property at the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee is not then in default hereunder, Lessee Tenant shall have the right to make such temporary, emergency repairs and improvements to the Leased roof structure, foundation and exterior walls of the Premises without as may be reasonably necessary to prevent such personal injury or material damage to the consent equipment or property of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00)Tenant situated in the Premises, provided Tenant has no reasonable alternative and has either (i) notified Landlord's representative of such emergency by telephone (with subsequent written notice as soon as practicable) and Landlord has failed to initiate emergency repairs within a reasonable period of time under the circumstances, but in no event longer than forty-eight (48) hours after such telephonic notification, or improvements do not affect (ii) Tenant has attempted in good faith to notify Landlord's representative of such emergency by telephone (with subsequent written notice as soon as practicable) and has been unsuccessful in its attempts to contact such representative for a time period commensurate with the structural integrity circumstances, but in no event more than forty-eight (48) hours after attempting to contact Landlord. Landlord shall reimburse Tenant for the reasonable, out-of pocket costs actually incurred by Tenant in making such emergency repairs to the roof structure, foundation or exterior walls, as applicable, within thirty (30) days after submission by Tenant to Landlord of any invoice therefor, accompanied by reasonable supporting documentation for the costs so incurred. (i) Landlord shall keep and maintain the exterior of the Leased PremisesPremises and all grounds and landscaping in good condition, and repair (collectively "Exterior Maintenance"). Any repairs or improvements Within twenty (20) business days after receipt of an invoice from Landlord, Tenant shall, as additional rent, reimburse Landlord for all costs reasonably incurred by Landlord in excess of Fifty Thousand Dollars such Exterior Maintenance. Tenant shall have the right to cause Landlord to obtain no more than three ($50,000.003) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain competitive bids for the benefit of Lessor, except for Lessee's moveable trade fixturesExterior Maintenance from reputable independent contractors. In the event that Tenant causes Landlord to obtain such competitive bids, Tenant's liability shall be limited to the lesser of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property the median bid or the Leased Premises which may arise out actual cost to Landlord of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additionsExterior Maintenance.

Appears in 1 contract

Samples: Industrial Lease (Sandisk Corp)

Repairs and Maintenance. (A) Lessee covenants a. Landlord shall, at its cost and agrees to keep and expense, maintain in good order, condition and repair the interior roof, foundations, exterior walls of the Property and exterior of the Leased Premises during (which term shall exclude the term storefront, exterior trim, all glass, windows and window frames, doors and door frames, downspouts, gutters, and the interior of the Lease, or any renewal termswalls), and further agrees the structural floor and ceiling (excluding floor coverings) of the Property and the Leased Premises, and pipes and conduits located beyond the boundaries of said Property and the Leased Premises for the furnishing of various utilities (except to the extent that Lessor the same are the obligation of any public utility company or have been installed by Tenant); provided, however, that Landlord shall not be under no obligation required to make any repairs necessitated by reason of any act or perform omission of Tenant, or its employees, agents, customers, subtenants, licensees, concessionaires, invitees, or anyone claiming under Tenant, or caused by any maintenance 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 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 Leased Premises and every part thereof (excluding only those portions specified in Paragraph 10.a, above, as being the responsibility of Landlord), including, but not limited to, the store front, all walls, all interior and exterior doors, door jambs and frames, show windows, all painting and decorating of the Leased Premises, air-conditioning equipment, duct work, air outlets and controls, connections to the various utility services, signs, plumbing, sprinkler system, electrical system, and other fixtures or equipment whether or not any such fixtures or equipment were initially installed at Landlord's expense. Lessee covenants All repairs, maintenance, and agrees that it replacements shall be responsible for in quality and class at least equal to the original work or original fixtures or equipment. Tenant shall, at Tenant's cost, make all repairs, alterations, replacementsand/or improvements in and to the Leased Premises that may at any time, or maintenance offrom time to time, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and be required by any equipment owned legally constituted governmental authority if such repairs, alterations, and/or improvements are so required by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance reason of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items. (B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases nature of emergency to prevent waste or preserve the safety and integrity Tenant's use of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixtures. In the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additions.

Appears in 1 contract

Samples: Lease Agreement

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