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
Sources: Net Lease Agreement (Aei Net Lease Income & Growth Fund Xx Limited Partnership), Net Lease Agreement (Aei Income & Growth Fund Xxi 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 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
Sources: Net Lease Agreement (Aei Real Estate Fund Xv LTD Partnership), Net Lease Agreement (Aei Income & Growth Fund 25 LLC), Net Lease Agreement (Aei Real Estate Fund Xviii 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 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
Sources: Net Lease Agreement (Aei Net Lease Income & Growth Fund Xx Limited Partnership), Net Lease Agreement (Aei Net Lease Income & Growth Fund Xx Limited Partnership), Net Lease Agreement (Aei Income & Growth Fund Xxii 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
Sources: Net Lease Agreement (Aei Real Estate Fund Xv LTD 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
Sources: Net Lease Agreement (Aei Income & Growth Fund Xxii LTD Partnership), Net Lease Agreement (Aei Real Estate Fund Xv 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
Sources: Net Lease Agreement (Aei Net Lease Income & Growth Fund Xix Limited 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
Sources: Net Lease Agreement (Aei Income & Growth Fund 25 LLC), Net Lease Agreement (Aei Net Lease Income & Growth Fund Xx Limited Partnership), Net 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; 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
Sources: 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) 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; base Building plumbing; base Building fire sprinkler systems (if any); base Building HVAC systems up to the first damper or isolation valve that serves the Premises (for purposes of clarity, the portion of the HVAC system that includes such first damper or isolation valve and extends into and through the Premises, and any supplemental HVAC serving the Premises shall not be part of the base Building HVAC and shall be Tenant’s obligation to maintain and repair pursuant to Section 18.2 below); elevators; and base Building electrical systems installed or furnished by Landlord.
18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises (including but not limited to the portion of the HVAC system that includes the first damper or isolation valve and extends into and through the Premises, any supplemental HVAC serving the Premises, and any other systems or equipment exclusively serving the Premises) and every part thereof in good order, 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, sun-ender the Premises during to Landlord in as good a condition as when received, ordinary wear and tear excepted and with the term Tenant Improvements in substantially the same condition as existed on the date the Tenant Improvements were completed; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of 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 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 4 contracts
Sources: Lease (Erasca, Inc.), Lease Agreement (Erasca, Inc.), Lease (Erasca, Inc.)
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
Sources: Lease Agreement (Aei Net Lease Income & Growth Fund Xix Limited Partnership), Lease Agreement (Aei Income & Growth Fund Xxii LTD Partnership), Lease Agreement (Aei Real Estate Fund 85-a 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 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
Sources: Net Lease Agreement (Aei Real Estate Fund Xv LTD Partnership), Net Lease Agreement (Aei Real Estate Fund Xvii Limited Partnership), Net Lease Agreement (Aei Real Estate Fund Xvii Limited 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
Sources: Lease (Oratec Interventions Inc), Lease (Oratec Interventions Inc), Lease (Oratec Interventions 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; 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 ▇▇▇▇▇▇'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 ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ /s/ ▇▇ ▇▇▇▇▇▇ /s/ RPJ 5/28/99 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
Sources: Sale and Purchase Agreement (Aei Income & Growth Fund Xxii LTD Partnership), Sale and Purchase Agreement (Aei Net Lease Income & Growth Fund Xix Limited Partnership), Sale and Purchase Agreement (Aei Real Estate Fund 85-a 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; 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
Sources: Net Lease Agreement (Aei Income & Growth Fund Xxii LTD Partnership), Net Lease Agreement (Aei Real Estate Fund Xvii Limited Partnership)
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
Sources: 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 (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 2 contracts
Sources: Development Financing and Leasing Commitment (Aei Income & Growth Fund 23 LLC), Development Financing and Leasing Commitment (Aei Real Estate Fund Xviii Limited Partnership)
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
Sources: 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
Sources: 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
Sources: 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 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
Sources: 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
Sources: Economic Development Agreement
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 term of the Leaseroof, or any renewal termsroof membrane, paving, floor slab, foundation, exterior walls, landscaping, irrigation and further agrees that elevators. 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 such repairs, alterations, replacements, alterations or maintenance of, including but without limitation improvements as Lessor deems reasonably necessary with respect 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, structural elements and Lessee shall pay to Lessor, within ten days of Lessor's invoice to Lessee therefor, Lessee's pro-rata share of such repairs, replacements, alterations or improvements. In the event that the cost thereof of any replacement or improvement exceeds $25,000 per occurrence, the amount in excess of $25,000 shall be amortized over the useful life of such replacements or improvements. Lessee shall be obligated to Lessor within five (5) business days following demandpay its pro-rata share of such excess on a monthly basis, as Additional Rent, for as long as the useful life coincides with the lease term. It Notwithstanding the foregoing subject to the terms of Section 9.D. hereof, if the reason for any repair, replacement, alteration or improvement is understood that 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 expenses door hardware, interior of the Premises, interior walls and maintenance partitions, and repair during electrical, plumbing, lighting, heating, and air conditioning systems in good and sanitary order, condition, and repair. Notwithstanding the term of this Lease. If Lessee is not then in default hereunderforegoing, Lessee shall have no obligation to repair any damage caused by Lessor. Should Lessee fail to maintain the right Premises or make repairs required of Lessee hereunder forthwith within the cure period provided for in Section 14 hereof, 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 1 contract
Sources: Lease (Packeteer 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
Sources: Net Lease 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 term of the Leaseroof, or any renewal termsroof membrane, paving, floor slab, foundation, exterior walls, landscaping, irrigation and further agrees that elevators. 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 such repairs, alterations, replacements, alterations or maintenance of, including but without limitation improvements as Lessor deems reasonably necessary with respect 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, structural elements and Lessee shall pay the cost thereof to Lessor Lessor, within five (5) business ten 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's invoice to Lessee therefor, 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 fixturespro-rata share of such repairs, replacements, alterations or improvements. In the event that the cost of making any replacement or improvement exceeds $25,000 per occurrence, the amount in excess of $25,000 shall be amortized over the useful life of such alterations replacements or improvements. Lessee shall be obligated to pay its pro-rata share of such excess on a monthly basis, as herein providedAdditional Rent, or as long as the useful life coincides with the lease term. Notwithstanding the foregoing, if the reason for any repair, replacement, alteration or improvement is caused by Lessee or arises because of a breach of Lessee's obligations under this Lease, then Lessee shall pay 100% of the cost or expense to remedy the same.
B. Except as expressly provided in Subparagraph A above, Lessee further agrees to indemnify shall, at its sole cost, keep and save harmless Lessor from maintain the entire Premises and every part thereof, including, without limitation, the windows, window frames, plate glass, glazing, truck doors, doors, all door hardware, interior of the Premises, interior walls and partitions, and electrical, plumbing, lighting, heating, and air conditioning systems in good and sanitary order, condition, and repair. Lessee shall, at all times during the Lease term and at his expense, lienshave in effect a service contract for the maintenance of the heating, claims ventilating, and air-conditioning (HVAC) equipment with an HVAC repair and maintenance contractor approved by Lessor which provides for periodic inspection and servicing at least once every three (3) months during the term hereof. Lessee shall further provide Lessor with a copy of such contract and all periodic service reports. Should Lessee fail to maintain the Premises or damages make repairs required of Lessee hereunder forthwith upon notice from Lessor, Lessor, in addition to either persons all other remedies available hereunder or property by law, and without waiving any alternative remedies, may make the same, and in that event, Lessee shall reimburse Lessor as additional rent for the cost of such maintenance or repairs on the Leased Premises next date upon which may arise out rent becomes due. Lessee hereby expressly waives the provision of or result from Subsection 1 of Section 1932, and Sections 1941 and 1942 of the undertaking or making Civil Code of California and all rights to make repairs at the expense of Lessor, as provided in Section 942 of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additionsCivil Code.
Appears in 1 contract
Sources: Lease (Segue Software Inc)
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 term of the Leaseroof, or any renewal termsroof membrane, paving, floor slab, foundation, exterior walls, landscaping, irrigation and further agrees that elevators. 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 such repairs, alterations, replacements, alterations or maintenance of, including but without limitation improvements as Lessor deems reasonably necessary with respect 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, structural elements and Lessee shall pay to Lessor, within twenty (20) days of Lessor's invoice to Lessee therefor, Lessee's pro-rata share of such repairs, replacements, alterations or improvements. Notwithstanding the cost thereof to Lessor within five (5) business days following demand. It foregoing, if the reason for any repair, replacement, alteration or improvement is understood that caused by Lessee or arises because of a breach of Lessee's obligations under this Lease, then Lessee shall pay the proportionof the costs or expense attributable to Lessee's acts 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 expenses door hardware, interior of the Premises, interior walls and partitions, and electrical, plumbing, lighting, heating, and air conditioning systems in good and sanitary order, condition, and repair. Lessee shall, at all times during the Lease term and at his expense, have in effect a service contract for the maintenance of the heating, ventilating, and air-conditioning (HVAC) equipment with an HVAC repair and maintenance contractor approved by Lessor which provides for periodic inspection and 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 1 contract
Sources: Lease (Zamba Corp)
Repairs and Maintenance. (A) Lessee covenants Section 12.1 Except as otherwise provided in Articles 5, 6, and agrees to 12 ------------ hereof, Tenant shall, at all times during the Lease Term, and at its own cost and expense, keep and maintain in good order, condition condition, and repair, ordinary wear and tear and damage caused by the acts of Landlord, its agents, contractors or employees, by the failure of Landlord to perform its obligations, or by condemnation, fire or other casualty excepted, the Building and all other improvements on the Premises as of the Commencement Date of the Lease Term and thereafter erected by Tenant on the Premises, or forming part thereof, and their full equipment and appurtenances, including without limitation, all plate glass, doors, interior non-bearing walls and partitions, ceilings and the electrical, plumbing, lighting, heating, and air conditioning systems, and make all repairs thereto and restorations, replacements and renewals thereof, both inside and outside, structural and nonstructural, extraordinary and ordinary, foreseen or unforeseen, howsoever the necessity or desirability for repairs may occur, and whether or not necessitated by latent defects or otherwise; and shall use all reasonable precaution to prevent waste, damage or injury. Landlord shall maintain and repair only the interior Building foundation, exterior walls and exterior windows, parking lot foundation, and roof, provided that these items are not in any way affected or disturbed by any tenant improvements or such maintenance and/or repair was caused by Tenant's use of the Leased Premises during the term of the LeasePremises, or by the acts of Tenant, its agents, employees, contractors, licensees, or invitees (collectively, "Tenant Causes"). If it is determined that any renewal termssuch maintenance or repair is required due to any Tenant Causes, 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 Tenant 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 of such maintenance and/or repair, subject to Lessor within five (5) business days following demandSection 8.7 above and Article 13 below. It is understood that Lessee Notwithstanding the foregoing, Landlord shall pay all expenses and maintenance and repair during bear 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 cost in excess of Fifty Thousand Dollars ($50,000.00) 2,500 of any single act of maintenance, repair, or affecting the structural integrity replacement of any single HVAC unit servicing all or any portion of the Leased Premises may be done only with Premises, except where such maintenance, repair, or replacement is made necessary by the prior written consent acts or omissions of LessorTenant, such consent not to be unreasonably withheld its agents, employees, contractors, licensees, or delayed. All alterations invitees, or by the breach by Tenant of any of its obligations trader this Lease.
Section 12.2 Tenant shall also, at Tenant's sole cost and additions to expense, put, ------------ keep, replace and maintain in thorough repair and in good, safe and substantial order and condition, and free from dirt, snow, ice rubbish and other obstructions or encumbrances, the Leased Premises shall be made in accordance with sidewalks, areas, sidewalk hoists, railings, gutters and curbs, and all applicable laws other exterior areas and shall remain for maintain the benefit of Lessor, except for Lessee's moveable trade fixtures. In landscaping at 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 additionsin good condition.
Appears in 1 contract
Sources: Building Lease Agreement (Intertrust Technologies Corp)
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 ▇▇▇▇ for the cost of repairs to Tenant. Tenant shall pay 161 said repair ▇▇▇▇ at the time that the next Rent payment is due. If Lease Agreement has been terminated, Tenant shall pay 162 repair ▇▇▇▇ 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
Sources: Residential Lease 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
Sources: 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 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
Sources: Net Lease Agreement (Aei Net Lease Income & Growth Fund Xx Limited Partnership)
Repairs and Maintenance. (A) Lessee covenants The Tenant confirms that they have inspected the Leased Property prior to the Binding Agreement Date outlined in this agreement and agrees that the property is clean, fit, and suitable for habitation. The Tenant also acknowledges that all appliances and systems located on the property, including but not limited to keep the refrigerator, dishwasher, washer, dryer, garbage disposal, heating system, air conditioning system, swimming pool equipment, plumbing, smoke detectors, septic systems, security systems, gas logs, hot water heater, and maintain light fixtures (including ceiling fans), are in good orderworking order as of the Binding Agreement Date unless otherwise specified in this agreement. The Tenant's act of taking possession of the property further serves as confirmation that the property is clean, fit, and habitable. The following items shall be maintained in proper working condition and repair repaired, excluding normal wear and tear, by either the interior and exterior of Landlord or the Tenant as specified below. [Check all applicable options. Any unmarked sections will not be included in this Lease Agreement.]: 140 TENANT LANDLOR D TENAN T LANDLOR D 141 Fence □ □ Light Fixtures □ □ ▇▇▇ ▇▇▇▇▇▇▇▇ □ □ Exterior walkways □ □ 143 Interior Walls □ □ Patio/Porch □ □ 144 Carpet/Flooring □ □ Landscaping/Yard □ □ 145 Swimming Pool □ □ Outbuildings □ □ Any items not specifically mentioned in this agreement but present on the Leased Premises during Property, excluding furniture, fixtures, and the term Tenant's personal property, shall be maintained by the Landlord throughout the Lease Term and any extensions or holdovers. Upon receiving written notice from the Tenant, the Landlord shall repair all defects in the facilities and systems under their responsibility within a reasonable time. If the Tenant fails to fulfill their maintenance and repair obligations promptly in the event of an emergency (as defined herein) or within fourteen (14) days of receiving written notice from the LeaseLandlord specifying the issue and requesting remedy, the Landlord may enter the Leased Property, carry out the necessary work in a professional manner, and provide the Tenant with an itemized invoice for the repair costs. The Tenant must pay this invoice when the next Rent payment is due or immediately if the Lease Agreement has ended. The Tenant is responsible for reasonable repair costs resulting from their negligence or willful misconduct, including acts by their family, agents, employees, contractors, licensees, guests, pets, or any renewal termsother entity under their control. Should the Tenant fail to promptly pay for required repairs following Lease termination, and further the Landlord may deduct the amount from the Security Deposit. The Tenant agrees that Lessor shall be under no obligation to make notify the Landlord immediately in the event of any repairs malfunction or perform any maintenance damage to the Leased Premises. Lessee covenants and agrees that it shall be responsible for all repairs, alterations, replacements, or maintenance ofcritical systems, 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 hereunderconditioning, 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 surfacingthe hot water heater), and other similar items.
(B) If Lessee refuses or neglects to commence or complete repairs promptly and adequatelyseptic, 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 additionselectrical, or Lessee's failure to make said repairs, improvements, alterations or additionsroofing systems.
Appears in 1 contract
Sources: Residential 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
Sources: Net Lease Agreement (Aei Real Estate Fund 85-a LTD Partnership)
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
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
Sources: Net Lease Agreement (Aei Real Estate Fund Xvi 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; 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
Sources: Net Lease Agreement (Aei Real Estate Fund 85-a LTD Partnership)
Repairs and Maintenance. (A) Lessee covenants and agrees to keep and maintain in good orderLESSEE, 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 forshall, at its own expense, snow removalkeep and maintain the interior of the building, lawn maintenanceincluding painting the doors, landscapingand keeping all mechanical equipment, storm sewers, water retention areas, roof drains and landscaping in good condition and repair, so as to tender it to LESSOR on the termination date, broom clean and in the same condition as received, ordinary wear and tear, damage by fire or other casualty and the elements or acts of God excepted. LESSOR shall, at its own expense, keep and maintain the structural and exterior (excluding cosmetics, painting or hairline cracks which are not structural or cracks which are caused by LESSEE's negligence) portions of the building except LESSOR SHALL HAVE NO RESPONSIBILITY WHATSOEVER FOR MAINTENANCE OF ROOF DRAINS OR LANDSCAPING. LESSOR, shall, at or before Commencement Date, or as soon thereafter as possible, (LESSOR using best efforts) assign to LESSEE all equipment warranties and guaranties received by it with respect to the improvements. LESSOR shall use its best efforts to cause the plumbing, heating, electric, roofing and paving subcontractors to guarantee their work (labor and materials) for a minimum of one (1) year, or such longer period as may be customary; to the extent LESSOR is able to obtain same, after using its best efforts, from said subcontractors and shall deliver said guaranties to LESSEE at or before the Commencement Date, or as soon thereafter as possible (LESSOR using best efforts). LESSOR warrants the Addition, equipment and paved areas to be free from defects in labor, material or structural design for a period of one year from the Commencement Date of the Lease. During said period, LESSOR shall repair, replace or otherwise correct any such defects or deficiencies promptly upon receipt of written notice from LESSEE. Said written notice must be received on or Before the expiration of said one year period. If notice is timely, LESSOR shall have the continuing responsibility to remedy said defect. LESSEE, following said first year, shall, at its own expense, make all repairs to and provide for the maintenance of the parking lot (including parking heating plant, air conditioning or air cooling units, plumbing, sanitary sewer lines, seal coating, and blacktop surfacing), and all other similar itemsfixtures on the Premises.
(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
Sources: Lease to Build Addition Agreement (Reflectone Inc /Fl/)
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
Sources: Net Lease Agreement (Aei Income & Growth Fund Xxi LTD Partnership)
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 ▇▇▇▇▇▇’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
Sources: 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
Sources: Net Lease Agreement (Aei Real Estate Fund Xviii Limited Partnership)
Repairs and Maintenance. Landlord shall, consistent with the standards of other first class office buildings in the vicinity of the Building, maintain, repair, or cause to be maintained and repaired (Ai) Lessee covenants and agrees to keep and maintain in good order, condition and repair the interior and exterior common areas of the Leased Premises during Building, including without limitation the term roof, downspouts, gutters, lobbies, elevators, stairs, corridors, parking areas, driveways, passageways, sidewalks, pavements, pedestrian walkways, curbs, entrances, exits, landscaped areas, loading facilities and all appurtenances thereto, (ii) the structural portions of the LeaseBuilding, or any renewal termsincluding the footings, foundations, floor slabs, load bearing walls, exterior walls, and further agrees that Lessor structural walls and elements (collectively, "Structural Elements") of the Building and Premises, (iii) all Building HVAC, mechanical, electrical, plumbing, sprinkler and other systems, including without limitation any components thereof located within the Premises (hereinafter "Systems"), (iv) the water, sewer, gas, telephone, electrical and other utility lines equipment and facilities from each public utility source to the point where such utility enters the Building, and (v) all other interior and exterior components of the Building and Premises, including non-structural interior walls, provided that, to the extent any of such maintenance or repairs is rendered necessary by the negligence or willful misconduct of Tenant, its agents, customers, employees, independent contractors, guests or (while within the Premises) invitees, and is not subject to the mutual waiver set forth in Article 19, below, Tenant shall be obligated to reimburse Landlord for all costs sustained by Landlord in connection therewith, as additional rent hereunder, which reimbursement shall be due no later than ten (10) business days after Landlord's written demand. The cost of all of the foregoing maintenance, repairs and replacements, other than repairs and replacements to Structural Elements ("Structural Repairs") but including preventative and ordinary maintenance to Structural Elements, shall be included as "Operating Expenses", except as limited under Article 9, below. Landlord shall be under no obligation to inspect the Premises. Tenant shall promptly report in writing to Landlord any defective condition in the Premises known to Tenant which Landlord is required to repair, and failure to so report such defects shall excuse any delay by Landlord in commencing and completing such repair. Landlord's obligation to make any repairs or perform any maintenance shall be limited 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 coatingexpress obligations stated herein, 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 Tenant's 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.on
Appears in 1 contract
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 ▇▇▇▇ for the cost of repairs to Tenant. Tenant shall pay said repair ▇▇▇▇ at the time that the next Rent payment is due. If Lease Agreement has been terminated, Tenant shall pay repair ▇▇▇▇ 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
Sources: Residential Lease Agreement
Repairs and Maintenance. (Aa) Lessee covenants Except as hereinafter expressly provided in this paragraph 8(a), 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 of the Leased Premises during the term of the Leaseexterior, or any renewal terms, ordinary 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 ofextraordinary, including but without limitation to or of: The interior not limited to, windows, glass and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water , doors, and sewage facilities; fixtures; electrical equipment; special office entries, interior walls; ceilings; signs; roof; structure; interior building appliances walls and similar equipment; heating finish work, floors and floor coverings, downspouts, gutters, heating, air conditioning equipment; 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 equipment owned by Lessor grass, trimming, weed removal, landscape replacement, general landscape maintenance, keeping the parking areas, driveways, alleys and leased to Lessee hereunder, as itemized on Exhibit B attached hereto the whole of the Premises in a clean and incorporated herein by reference; and further agrees to replace any of said equipment when necessarysanitary condition. Lessee further agrees to be responsible forLandlord shall, at its own cost and expense, snow removalkeep and maintain the roof, lawn foundation and structural portions of the Building in good condition (except in the event of casualty or other damage contemplated by paragraph 15 hereof). Tenant shall give immediate written notice to Landlord of the need for repairs, and Landlord shall proceed within a reasonable time AMENDMENT TO INDUSTRIAL Initial: after receiving such notice to make such repairs. Landlord’s liability hereunder shall be limited to the cost of such repairs, and Landlord shall not be liable for consequential damages. Tenant shall have no obligation to repair, maintain or contribute to Landlord’s expense of replacing, repairing or maintaining the roof, foundation or other structural portions of the Premises. Tenant’s maintenance obligations shall include any rail spur areas and any spur track serving the Premises if Tenant, at any time during the 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 irrigation systems and common sewerage line plumbing which are otherwise Tenant’s obligations under paragraph 8(a) above and in such event, Tenant shall, in lieu of the obligations set forth under paragraph 8(a) above with respect to such items, be liable to Landlord for the reasonable cost and expense of same, including but not limited to, the reasonable cost for mowing of grass; care of shrubs; landscape replacement; general landscaping; maintenance (but not replacement) of parking areas, parking lot improvements, driveways and alleys; exterior repainting, maintenance of the parking lot (including parking lines, seal coating, exterior lighting fixtures 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 maintenance 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 fixturesirrigation systems. In the event Landlord is permitted by the terms of making this Lease and elects to perform or cause to be performed such alterations as herein providedwork, Lessee further agrees to indemnify Tenant shall pay when due such costs 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 additionsexpenses.
Appears in 1 contract
Sources: 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
Sources: Net Lease Agreement (Aei Income & Growth Fund Xxii LTD Partnership)
Repairs and Maintenance. A. Subject to provisions of Paragraph 15, Lessor shall keep and maintain the roof, paving, structural elements, landscaping, irrigation, and exterior walls of the building in which the Premises are located in good order and repair. Lessee shall reimburse Lessor for its proportionate share of said expenses within ten (10) days of Lessee's receipt of Lessor's invoice demanding payment. If, however, any repairs or maintenance are required because of an act or omission of Lessee, or its agents, employees or invitees, Lessee shall pay to Lessor upon demand 100% of the costs of such repair or maintenance.
B. Except as expressly provided in Subparagraph (A) above, Lessee covenants and agrees to 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 the electrical, plumbing, lighting, heating and air conditioning systems in good and sanitary 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 Premisesrepair. 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 forshall, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of for 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 duration of this Lease, retain a service company, approved by Lessor, to provide routine maintenance and repairs of the heating, ventilation, and air conditioning system. 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 Sub-section 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 1942 of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additionsCivil Code. SEE PARAGRAPH 38 OF ADDENDUM ATTACHED HERETO AND MADE PART HEREOF.
Appears in 1 contract
Repairs and Maintenance. (A) Lessee Landlord covenants and agrees agrees, at its expense without reimbursement or contribution by Tenant, to keep keep, maintain, repair and maintain replace, if necessary, the foundations, the exterior, structural systems including, without limitation, the roof, roof covering (including interior ceiling if damaged by leakage) and load-bearing walls and floor slabs and exterior masonry walls in good order, condition and repair the interior and exterior of the Leased Premises during the term of the Lease, or any renewal termsrepair, and further agrees that Lessor Landlord shall be under no obligation to make any repairs or perform any maintenance to replace the Leased Premisessame as and when necessary. Lessee covenants and agrees that it Except for Landlord's obligations, Tenant shall be responsible for all repairsinterior maintenance and repairs in the Demised Premises which are required throughout the Term, alterationsincluding, replacementswithout limitation, all mechanical, plumbing and electrical repairs and maintenance which are required to fixtures or maintenance of, including but without limitation systems located wholly within the Demised Premises. In the event the Demised Premises become or are out of repair and not in good condition due to or of: The interior and exterior portions the failure 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 Landlord to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any comply with the terms 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 coatingthis Article 5, and blacktop surfacing), if such repairs are not completed within ten (10) days after Landlord has received written notice from Tenant of such state of disrepair or if such repairs cannot reasonably be completed within such ten (10) day period and other similar items.
(B) If Lessee refuses or neglects Landlord shall fail to commence such repairs within ten (10) days after notice and proceed diligently thereafter, then Tenant may prosecute such repairs itself and apply the cost of such repairs against the next maturing monthly installment or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases installments of emergency to prevent waste or preserve rent due hereunder. Notwithstanding the safety and integrity of the Leased Premisesforegoing, in which the case no notice need be given)of an emergency, 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 immediately prosecute any and all necessary repairs and improvements shall deliver contemporaneous notification to Landlord of the Leased Premises without the consent of Lessor if such repairs emergency and improvements do not exceed Fifty Thousand Dollars ($50,000.00)related repairs, provided further that if contemporaneous notice is not practicable, as determined by Tenant in its sole judgment, then Tenant shall provide 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 notice 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 additionssoon thereafter as reasonably practicable.
Appears in 1 contract
Repairs and Maintenance. (A) Lessee covenants and agrees A. Subject to provisions of Paragraph 15, Lessor shall keep and maintain the roof, paving, structural elements, landscaping, irrigation, and exterior walls of the building in which the Premises are located in good orderorder and repair. Lessee shall reimburse Lessor for its proportionate share of said expenses within ten (10) days of Lessee's receipt of Lessor's invoice demanding payment. If, condition and repair the interior and exterior of the Leased Premises during the term of the Leasehowever, 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. is required because of an act or omission of Lessee covenants and agrees that it shall be responsible for all repairsor its agents, alterations, replacementsemployees, or maintenance ofinvitees, including but Lessee shall pay to Lessor upon demand one hundred percent (100%) of the costs of such repair and maintenance.
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 to or of: The interior and exterior portions of all doors; door checks and operators; limitation, the windows; , window frames, plate glass; , glazing, truck doors, doors, all door hardware, interior of the Premises, interior walls and partitions, and the electrical, plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating , lighting, heating, and air conditioning equipment; systems in good and any equipment owned by Lessor sanitary order, condition, 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 necessaryrepair. Lessee further agrees to be responsible forshall, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of for 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 duration of this Lease, retain a service company, approved by Lessor, to provide routine maintenance and repairs of the heating, ventilation, and air conditioning systems. 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 1942 of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additionsCivil Code.
Appears in 1 contract
Sources: Lease (Numerical Technologies 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
Sources: 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, 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
Sources: Net Lease Agreement (Aei Net Lease Income & Growth Fund Xix Limited Partnership)
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
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
Sources: Lease Agreement (Medical Solutions Management 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
Sources: Lease Agreement (Rotoblock CORP)