Repairs and Maintenance. Section 10.1 Landlord shall, at Landlord’s expense, make all structural repairs needed to the exterior walls, structural columns, structural roof, and structural floors that enclose the Premises (excluding all doors, door frames, storefronts, windows and glass); provided that Tenant gives Landlord notice of the necessity for such repairs. Notwithstanding the foregoing, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all such repair costs to structural elements that are necessitated by the negligence or misconduct of Tenant, its employees, contractors, agents, subtenants, employees, customers and invitees. Section 10.2 If the Premises are sprinklered, Tenant shall be responsible, at Tenant’s sole cost and expense, for maintaining, in good order and repair and in compliance with all Laws, those elements of the sprinkler system within the Premises, including the repair and replacement of the sprinkler heads and pipes. If the Premises are not sprinklered and a sprinkler system in the Premises is required under applicable Laws for Tenant’s Permitted Use or manner of use of the Premises, or Tenant’s Work requires the installation of a sprinkler system in the Premises, Tenant shall install such system as part of Tenant’s Work, at Tenant’s expense. Section 10.3 Subject to Articles 14 and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, all repairs and replacements needed to maintain in good condition and order the Premises and all installations, equipment and facilities therein, and all repairs and replacements needed to any plumbing, water, waste, heating, ventilating and air conditioning units (“HVAC Units”), and electric conduits, lines and equipment located outside the Premises that serve only the Premises. Without limiting the foregoing, but subject to Articles 14 and 15 and Section 10.1, Tenant shall make all repairs and replacements required with respect to the HVAC Units, electrical and plumbing systems within the Premises and any rooftop or exterior air conditioning equipment or HVAC Units serving only the Premises, any plumbing fixtures within the Premises (including sinks and toilets), and the plumbing lines, valves, and pipes connected to or running from such fixtures to the point at which such lines, valves and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premises. Tenant shall also make, at Tenant’s expense, such repairs and replacements as are needed to keep the sidewalks and walkways abutting the Premises in good condition and order, and shall keep such sidewalks and walkways [and areas behind the Building to which Tenant has access] free of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall be made in compliance with the provisions of this lease (including Article 5). Section 10.4 Tenant shall enter into and maintain, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, with a reputable service company, reasonably satisfactory to Landlord, for the HVAC Units serving the Premises. Tenant shall, from time to time, furnish Landlord with a copy of such service contract, within ten (10) days after request. If Tenant fails to obtain or maintain such service contract or to deliver to Landlord a copy of such contract upon request, Landlord may, at its option, enter into a service contract providing for the maintenance, repair, and servicing of the HVAC Units and bill Tenant for the charges due under such contract. Any such charges shall be paid by Section 10.5 Subject to Section 13.4, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all damage to the Building resulting from any act or omission of Tenant, ▇▇▇▇▇▇’s subtenants, or any of Tenant’s or subtenants’ employees, agents, employees, invitees or contractors. Section 10.6 Landlord shall have no liability to Tenant, the Rent shall not be abated, and Tenant shall not be deemed actually or constructively evicted by reason of Landlord performing any repairs or other work to all or any portion of the Premises and/or the Real Property. Landlord shall endeavor to perform such repairs or other work in a manner that reasonably minimizes interference with the conduct of ▇▇▇▇▇▇’s business in the Premises and damage to the Premises, Tenant’s Work and Tenant’s Property, but Landlord is not required to employ overtime labor or incur additional expenses.
Appears in 2 contracts
Sources: Retail Lease, Retail Lease
Repairs and Maintenance. Section 10.1 Landlord (a) Tenant shall, at Landlord’s expense, make all structural repairs needed to the exterior walls, structural columns, structural roof, and structural floors that enclose the Premises (excluding all doors, door frames, storefronts, windows and glass); provided that Tenant gives Landlord notice of the necessity for such repairs. Notwithstanding the foregoing, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all such repair costs to structural elements that are necessitated by the negligence or misconduct of Tenant, its employees, contractors, agents, subtenants, employees, customers and invitees.
Section 10.2 If the Premises are sprinklered, Tenant shall be responsible, at Tenant’s sole cost and expense, for maintainingmaintain the interior, in good order and repair and in compliance with all Laws, those elements non-structural portions of the sprinkler system within the PremisesPremises in good, including the repair clean and replacement of the sprinkler heads and pipes. If the Premises are not sprinklered and a sprinkler system in the Premises is required under applicable Laws for Tenant’s Permitted Use or manner of use of the Premises, or Tenant’s Work requires the installation of a sprinkler system in the Premises, Tenant shall install such system as part of Tenant’s Work, at Tenant’s expense.
Section 10.3 Subject to Articles 14 and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, all repairs and replacements needed to maintain in good safe condition and order the Premises and all installations, equipment and facilities therein, and all repairs and replacements needed to any plumbing, water, waste, heating, ventilating and air conditioning units (“HVAC Units”), and electric conduits, lines and equipment located outside the Premises that serve only the Premisesrepair. Without limiting the generality of the foregoing, but subject to Articles 14 and 15 and Section 10.1, Tenant shall make be solely responsible for maintaining and repairing all repairs and replacements required with respect to the HVAC Unitsfixtures, electrical lighting, ceilings and plumbing systems within the Premises and any rooftop or exterior air conditioning equipment or HVAC Units serving only the Premisesfloor coverings, any plumbing fixtures within the Premises (including sinks and toilets)windows, doors, plate glass, skylights, and the plumbing lines, valves, and pipes connected to or running from such fixtures to the point at which such lines, valves and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to interior walls within the Premises. Tenant shall also make, at Tenant’s expense, such repairs and replacements as are needed to keep the sidewalks and walkways abutting the Premises in good condition and order, and shall keep such sidewalks and walkways [and areas behind the Building to which Tenant has access] free of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall be made in compliance with the provisions of this lease (including Article 5).
Section 10.4 Tenant shall enter into and maintain, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, with a reputable service company, reasonably satisfactory to Landlord, for the HVAC Units serving the Premises. Tenant shall, from time to time, furnish Landlord with a copy of such service contract, within ten (10) days after request. If Tenant fails to obtain or maintain such service contract or to deliver to Landlord a copy of such contract upon request, Landlord may, at its option, enter into a service contract providing for the maintenance, repair, and servicing of the HVAC Units and bill Tenant for the charges due under such contract. Any such charges shall be paid by
Section 10.5 Subject to Section 13.4In addition, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, be responsible for all damage to repairs made necessary by the Building resulting from any act negligence or omission willful misconduct of Tenant, ▇▇▇▇▇▇’s subtenants, or any of Tenant’s or subtenants’ its employees, agents, employeescontractors or invitees. Landlord shall have no obligation to alter, invitees remodel, improve, repair, decorate or contractorspaint the Premises except as specifically set forth in this Lease. Notwithstanding anything to the contrary in this Lease, under no circumstances shall Tenant make any repairs to the structural portions of the Building, unless such repairs are previously approved in writing by Landlord, in Landlord’s sole discretion.
(b) Landlord shall be responsible for repairing and maintaining the portions of the Premises exterior to the Building, the structural portions of the Building and the Premises (including, without limitation, the exterior walls and the foundations of the Building), elevators, the roof and sidewalks (including the sidewalks adjacent to the Premises) in good, clean and safe condition and repair. Landlord shall also maintain and repair all landscaping, driveways, parking lots, the underground garage, fences, signs, sidewalks and the Common Areas of the Building, if any, in such condition. Landlord shall be responsible for maintaining and repairing, in good, clean and safe condition and repair, all Building operating systems including, without limitation, the plumbing, heating, electrical, fire life safety, sewer and air conditioning and ventilation systems. The foregoing obligations of Landlord contained in this Section 10.6 13(b) are collectively referred to as “Landlord’s Repairs” and shall be included as Operating Expenses except as otherwise provided in Section 7(c). Except as otherwise provided in this Lease, Landlord shall have no liability to Tenant, the Rent nor shall not Tenant’s obligations under this Lease be abated, and Tenant shall not be deemed actually reduced or constructively evicted abated in any manner whatsoever by reason of any inconvenience, annoyance, interruption or injury to business arising from Landlord performing making any repairs which Landlord is required or permitted by this Lease or by any other work tenants’ lease or required by law to all make in or to any portion of the Premises and/or the Real Property. Premises; provided, however, that Landlord shall endeavor use reasonable efforts to minimize any interference with Tenant’s business at the Premises. If Landlord or Tenant fails to maintain the Premises in good order, condition and repair, Landlord and Tenant, as the case may be, shall give the responsible party thirty (30) days written notice to do such acts as are reasonably required to so maintain the Premises. If the responsible party fails to promptly commence such work within such time period and diligently prosecute it to completion, then the other party shall have the right to do such acts and expend such funds at the expense of the responsible party as are reasonably required to perform such repairs or work. Any amount so expended by the other work in a manner that reasonably minimizes interference party shall be paid by the responsible party promptly after demand with interest at the conduct “Reference Rate” (formerly, “Prime Rate”) then being charged by the San Francisco main office of ▇▇▇▇▇▇’s business in Bank of America NT & SA plus two percent (2%) per annum, from the Premises and damage to the Premises, Tenant’s Work and Tenant’s Propertydate of such work, but Landlord is not required to employ overtime labor or incur additional expensesexceed the maximum amount then allowed by law.
Appears in 2 contracts
Sources: Net Lease Agreement (Confluent, Inc.), Net Lease Agreement (Confluent, Inc.)
Repairs and Maintenance. Section 10.1 Landlord shallExcept as otherwise provided in this Article, Tenant, at its sole cost and expense, shall maintain each of the Demised Properties and each part thereof, structural and non-structural, in good order, condition and repair, including all areas outside of any buildings (including all sidewalks, driveways, landscaping, trash enclosures, and trash compacting and loading areas on the Demised Properties), and including any roof on any buildings, in a neat and clean condition, and ensuring that debris from the operation of each convenience food store and/or retail automobile fuel station or other Permitted Use on the Demised Properties is cleaned and removed on a regular basis) and, subject to the terms and conditions of Article 6, shall make any necessary Repairs thereto, interior and exterior, whether extraordinary, foreseen or unforeseen, but subject to Article 11 and Article 12. Without limitation, (a) no Repairs shall result in any structural damage to any Demised Properties or any injury to any persons, (b) Tenant shall ensure that the quality of materials and workmanship of any Repairs meets or exceeds the quality of materials and workmanship of the Improvements prior to the need for such Repairs; (c) all Repairs shall fully comply with applicable Law, the requirements of any covenants, conditions, restrictions or other permitted encumbrances that are of record regarding the applicable Demised Property, and any applicable repair standards and requirements promulgated by Tenant for its (or its subsidiaries’ or Affiliates’ or franchisees’) properties or by Tenant’s franchisor (if applicable). Landlord shall have no duty whatsoever to maintain, replace, upgrade, or repair any portion of the Demised Properties, including any structural items, roof or roofing materials, or any aboveground or underground storage tanks, and Tenant hereby expressly waives the right to make Repairs at the expense of Landlord, which right may be provided for in any applicable Law now or hereinafter in effect. In addition to Landlord’s expenserights under Section 15.02, make all structural repairs needed if Tenant fails or neglects to commence and diligently proceed
1. [***] Indicates material that has been omitted and for which confidential treatment has been requested. All such omitted material has been filed with the exterior walls, structural columns, structural roof, Securities and structural floors that enclose Exchange Commission pursuant to Rule 24b-2 under the Premises (excluding all doors, door frames, storefronts, windows Securities and glass); provided that Tenant gives Landlord notice Exchange Act of the necessity for such repairs. Notwithstanding the foregoing, Tenant shall reimburse Landlord1934, as Additional Rent, amended. with all Repairs or fulfill its other obligations as set forth above within thirty (30) days after receipt of being billed therefor, for all such repair costs to structural elements that are necessitated by the negligence or misconduct of Tenant, its employees, contractors, agents, subtenants, employees, customers and invitees.
Section 10.2 If the Premises are sprinklered, Tenant shall be responsible, at Tenant’s sole cost and expense, for maintaining, in good order and repair and in compliance with all Laws, those elements written notice of the sprinkler system within need therefor from Landlord or any other Person describing the Premises, including the repair and replacement of the sprinkler heads and pipes. If the Premises are not sprinklered and a sprinkler system in the Premises is required under applicable Laws for Tenant’s Permitted Use or manner of use of the Premises, or Tenant’s Work requires the installation of a sprinkler system in the Premises, Tenant shall install such system as part of Tenant’s Work, at Tenant’s expense.
Section 10.3 Subject to Articles 14 and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, all repairs and replacements needed to maintain in good condition and order the Premises and all installations, equipment and facilities therein, and all repairs and replacements needed to any plumbing, water, waste, heating, ventilating and air conditioning units (“HVAC Units”), and electric conduits, lines and equipment located outside the Premises that serve only the Premises. Without limiting the foregoing, but subject to Articles 14 and 15 and Section 10.1, Tenant shall make all repairs and replacements required with respect to the HVAC Units, electrical and plumbing systems within the Premises and any rooftop or exterior air conditioning equipment or HVAC Units serving only the Premises, any plumbing fixtures within the Premises (including sinks and toilets), and the plumbing lines, valves, and pipes connected to or running from such fixtures to the point at which such lines, valves and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units Repair or other utility obligation, then Landlord or service to its agents may enter the PremisesDemised Properties for the purpose of making such Repairs or fulfilling those obligations. Tenant shall also make, at Tenant’s expense, such repairs pay to Landlord all costs and replacements expenses incurred by Landlord as are needed to keep the sidewalks and walkways abutting the Premises in good condition and order, and shall keep such sidewalks and walkways [and areas behind the Building to which Tenant has access] free of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall be made in compliance with the provisions of this lease (including Article 5).
Section 10.4 Tenant shall enter into and maintain, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, with a reputable service company, reasonably satisfactory to Landlord, for the HVAC Units serving the Premises. Tenant shall, from time to time, furnish Landlord with a copy consequence of such service contract, within ten (10) days after request. If Tenant fails to obtain or maintain such service contract or to deliver to Landlord a copy of such contract upon request, Landlord may, at its option, enter into a service contract providing for the maintenance, repair, and servicing of the HVAC Units and bill Tenant for the charges due under such contract. Any such charges shall be paid by
Section 10.5 Subject to Section 13.4, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all damage to the Building resulting from any act or omission of Tenant, ▇▇▇▇▇▇’s subtenants, or any of Tenant’s or subtenants’ employees, agents, employees, invitees or contractorsactions.
Section 10.6 Landlord shall have no liability to Tenant, the Rent shall not be abated, and Tenant shall not be deemed actually or constructively evicted by reason of Landlord performing any repairs or other work to all or any portion of the Premises and/or the Real Property. Landlord shall endeavor to perform such repairs or other work in a manner that reasonably minimizes interference with the conduct of ▇▇▇▇▇▇’s business in the Premises and damage to the Premises, Tenant’s Work and Tenant’s Property, but Landlord is not required to employ overtime labor or incur additional expenses.
Appears in 2 contracts
Sources: Master Land and Building Lease (Getty Realty Corp /Md/), Master Land and Building Lease (Getty Realty Corp /Md/)
Repairs and Maintenance. Section 10.1 (a) Landlord shallshall maintain in good order and repair, at Landlord’s expensesubject to normal wear and tear and subject to casualty and condemnation, the Building (excluding the Demised Premises and other portions of the Building leased to other tenants), the Building parking facilities, the public areas and the landscaped areas. Such maintenance shall be in a manner comparable to other buildings in Wildwood Office Park and shall include, without limitation, the "Maintenance Services", as defined below. Notwithstanding the foregoing obligation, the cost of any repairs or maintenance to the foregoing necessitated by the intentional acts or negligence of Tenant or its agents, contractors, employees, invitees, licensees, tenants or assigns, shall be borne solely by Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord within fifteen (15) days after demand. Landlord shall not be required to make all any repairs or improvements to the Demised Premises except structural repairs needed to necessary for safety and tenantability and material repairs necessitated by damage caused by Landlord, its agents or employees acting within the scope of their agency or employment. The term Maintenance Services shall include (i) maintaining the exterior walls, structural columnsexterior windows, structural roof, exterior doors and structural floors that enclose the Premises (excluding all doors, door frames, storefronts, windows and glass); provided that Tenant gives Landlord notice roof of the necessity for such repairs. Notwithstanding Building, common areas, public corridors, stairs, elevators, storage rooms, restrooms, the foregoing, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all such repair costs to structural elements that are necessitated by the negligence or misconduct of Tenant, its employees, contractors, agents, subtenants, employees, customers and invitees.
Section 10.2 If the Premises are sprinklered, Tenant shall be responsible, at Tenant’s sole cost and expense, for maintaining, in good order and repair and in compliance with all Laws, those elements of the sprinkler system within the Premises, including the repair and replacement of the sprinkler heads and pipes. If the Premises are not sprinklered and a sprinkler system in the Premises is required under applicable Laws for Tenant’s Permitted Use or manner of use of the Premises, or Tenant’s Work requires the installation of a sprinkler system in the Premises, Tenant shall install such system as part of Tenant’s Work, at Tenant’s expense.
Section 10.3 Subject to Articles 14 and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, all repairs and replacements needed to maintain in good condition and order the Premises and all installations, equipment and facilities therein, and all repairs and replacements needed to any plumbing, water, waste, heating, ventilating and air conditioning units (“HVAC Units”), and electric conduits, lines and equipment located outside the Premises that serve only the Premises. Without limiting the foregoing, but subject to Articles 14 and 15 and Section 10.1, Tenant shall make all repairs and replacements required with respect to the HVAC Unitssystems, electrical and plumbing systems within of the Premises Building, the walks, paving and any rooftop or exterior air conditioning equipment or HVAC Units serving only landscaping surrounding the PremisesBuilding, any plumbing fixtures within (ii) grounds care, including, but not limited to, the Premises sweeping of walks and parking areas and maintenance of landscaping in an attractive manner, illumination, snow removal, deicing and lawn care, all consistent with the grounds care of Wildwood Office Park, (iii) general maintenance, including sinks supervision, inspections and toilets)management functions as typically carried out in Wildwood Office Park, and the plumbing lines, valves, (iv) extermination and pipes connected to or running from such fixtures to the point at which such lines, valves and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premises. Tenant shall also make, at Tenant’s expense, such repairs and replacements as are needed to keep the sidewalks and walkways abutting the Premises in good condition and order, and shall keep such sidewalks and walkways [and areas behind pest control services for the Building to which Tenant has access] free of rubbish, snow, ice (and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall be made in compliance with the provisions of this lease (including Article 5).
Section 10.4 Tenant shall enter into and maintain, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, with a reputable service company, reasonably satisfactory to Landlord, for the HVAC Units serving the Premises. Tenant shall, from time to time, furnish Landlord with a copy of such service contract, within ten (10common areas herein) days after request. If Tenant fails to obtain or maintain such service contract or to deliver to Landlord a copy of such contract upon request, Landlord may, at its option, enter into a service contract providing for the maintenance, repair, and servicing of the HVAC Units and bill Tenant for the charges due under such contract. Any such charges shall be paid by
Section 10.5 Subject to Section 13.4, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all damage to the Building resulting from any act or omission of Tenant, ▇▇▇▇▇▇’s subtenants, or any of Tenant’s or subtenants’ employees, agents, employees, invitees or contractors.
Section 10.6 Landlord shall have no liability to Tenant, the Rent shall not be abated, and Tenant shall not be deemed actually or constructively evicted by reason of Landlord performing any repairs or other work to all or any portion of the Premises and/or the Real Property. Landlord shall endeavor to perform such repairs or other work in a manner that reasonably minimizes interference with the conduct of ▇▇▇▇▇▇’s business in the Premises and damage to the Premises, Tenant’s Work and Tenant’s Property, but Landlord is not required to employ overtime labor or incur additional expenses.and
Appears in 2 contracts
Sources: Lease Agreement (TSW International Inc), Lease Agreement (Indus International)
Repairs and Maintenance. Section 10.1 Landlord shallLandlord’s sole obligations shall be repair, at Landlordreplacement and maintenance of the foundation, structural elements, exterior walls, and exterior windows of the Property. At Tenant’s expense, make Tenant shall perform all structural other maintenance and repairs needed necessary to maintain the improvements in a first class operating condition and repair, both interior or exterior, ordinary or extraordinary, including the roof, window glass, plate glass, store fronts, sidewalks, curbs, parking lots, parking spaces, doors, windows (except exterior windows), screens, awnings, locks, keys, weather stripping and thresholds as well as all interior walls, structural columnsfloors, structural roofwalls, ceilings and floor coverings. Tenant’s responsibility shall also include landscaping; irrigation; the replacement, servicing, repair and maintenance of equipment and fixtures at the Property, including the heating, ventilation, and structural floors that enclose air conditioning systems and changing filters for such systems. Tenant shall also repair and be responsible for the Premises (excluding all doorsdamage caused by stoppage, door framesbreakage, storefrontsleakage, windows and glass); provided that Tenant gives Landlord notice overflow, discharge or freezing of plumbing pipes, soil lines or fixtures. If any part of the necessity for such repairs. Notwithstanding the foregoingimprovements is damaged by Tenant, or Tenant’s employees, agents, or invitees or any breaking and entering of said improvements, Tenant shall reimburse provide Landlord with immediate written notification of all damage to the Property. After notification and approval by Landlord, repairs shall be made promptly at Tenant’s expense so as Additional Rent, to restore said improvement to its previous condition. If Tenant refuses or neglects to commence the necessary repairs within thirty (30) days after the written demand by Landlord (other than in the case of being billed thereforemergency), Landlord may (but shall not be required to) make such repairs without liability to Tenant for all any loss or damage that may accrue to Tenant’s stock, business, equipment, or fixtures by reason thereof, and if Landlord makes such repair costs to structural elements that are necessitated by the negligence or misconduct of Tenant, its employees, contractors, agents, subtenants, employees, customers and invitees.
Section 10.2 If the Premises are sprinkleredrepairs, Tenant shall be responsible, at Tenant’s sole cost and expense, for maintaining, in good order and repair and in compliance with all Laws, those elements of the sprinkler system within the Premises, including the repair and replacement of the sprinkler heads and pipes. If the Premises are not sprinklered and a sprinkler system in the Premises is required under applicable Laws for Tenant’s Permitted Use or manner of use of the Premises, or Tenant’s Work requires the installation of a sprinkler system in the Premises, Tenant shall install such system as part of Tenant’s Work, at Tenant’s expense.
Section 10.3 Subject to Articles 14 and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, all repairs and replacements needed to maintain in good condition and order the Premises and all installations, equipment and facilities therein, and all repairs and replacements needed to any plumbing, water, waste, heating, ventilating and air conditioning units (“HVAC Units”), and electric conduits, lines and equipment located outside the Premises that serve only the Premises. Without limiting the foregoing, but subject to Articles 14 and 15 and Section 10.1, Tenant shall make all repairs and replacements required with respect to the HVAC Units, electrical and plumbing systems within the Premises and any rooftop or exterior air conditioning equipment or HVAC Units serving only the Premises, any plumbing fixtures within the Premises (including sinks and toilets), and the plumbing lines, valves, and pipes connected to or running from such fixtures to the point at which such lines, valves and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premises. Tenant shall also make, at Tenant’s expense, such repairs and replacements as are needed to keep the sidewalks and walkways abutting the Premises in good condition and order, and shall keep such sidewalks and walkways [and areas behind the Building to which Tenant has access] free of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall be made in compliance with the provisions of this lease (including Article 5).
Section 10.4 Tenant shall enter into and maintain, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory pay to Landlord, with a reputable service company, reasonably satisfactory to Landlord, for the HVAC Units serving the Premises. Tenant shall, from time to time, furnish Landlord with a copy of such service contract, within ten (10) days after request. If Tenant fails to obtain or maintain such service contract or to deliver to Landlord a copy of such contract upon request, Landlord may, at its option, enter into a service contract providing for the maintenance, repair, and servicing of the HVAC Units and bill Tenant for the charges due under such contract. Any such charges shall be paid by
Section 10.5 Subject to Section 13.4, Tenant shall reimburse Landlordon demand, as Additional Rent, within thirty (30) days the cost thereof. Tenant’s failure to pay shall constitute a default under this Lease. Tenant’s failure to give, or unreasonable delay in giving, notice of being billed therefor, needed repairs or defects shall make Tenant liable for all any loss or damage to the Building resulting from any act delay or omission of Tenant, ▇▇▇▇▇▇’s subtenants, or any of Tenant’s or subtenants’ employees, agents, employees, invitees or contractorsneeded repairs.
Section 10.6 Landlord shall have no liability to Tenant, the Rent shall not be abated, and Tenant shall not be deemed actually or constructively evicted by reason of Landlord performing any repairs or other work to all or any portion of the Premises and/or the Real Property. Landlord shall endeavor to perform such repairs or other work in a manner that reasonably minimizes interference with the conduct of ▇▇▇▇▇▇’s business in the Premises and damage to the Premises, Tenant’s Work and Tenant’s Property, but Landlord is not required to employ overtime labor or incur additional expenses.
Appears in 2 contracts
Sources: Triple Net Lease Agreement (Viemed Healthcare, Inc.), Triple Net Lease Agreement (Viemed Healthcare, Inc.)
Repairs and Maintenance. Section 10.1 Landlord shallTenant’s repair and maintenance obligations include, at Landlord’s expensewithout limitation, make all structural repairs needed to and maintenance of (a) the exterior walls, structural columns, structural roof, foundation and structural floors that enclose the Premises (excluding all doors, door frames, storefronts, windows and glass); provided that Tenant gives Landlord notice of the necessity for such repairs. Notwithstanding the foregoing, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all such repair costs to structural elements that are necessitated by the negligence or misconduct of Tenant, its employees, contractors, agents, subtenants, employees, customers and invitees.
Section 10.2 If the Premises are sprinklered, Tenant shall be responsible, at Tenant’s sole cost and expense, for maintaining, in good order and repair and in compliance with all Laws, those elements of the sprinkler system within the Premises, Building; (b) mechanical (including the repair and replacement of the sprinkler heads and pipes. If the Premises are not sprinklered and a sprinkler system in the Premises is required under applicable Laws for Tenant’s Permitted Use or manner of use of the Premises, or Tenant’s Work requires the installation of a sprinkler system in the Premises, Tenant shall install such system as part of Tenant’s Work, at Tenant’s expense.
Section 10.3 Subject to Articles 14 and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, all repairs and replacements needed to maintain in good condition and order the Premises and all installations, equipment and facilities therein, and all repairs and replacements needed to any plumbing, water, waste, heating, ventilating and air conditioning units (“HVAC Units”HVAC), electrical, plumbing and electric conduits, lines fire/life safety systems serving the Building and equipment located outside the Premises that serve only the Premises. Without limiting the foregoing, but subject to Articles 14 and 15 and Section 10.1, Tenant shall make all repairs and replacements required with respect to the HVAC Units, electrical and plumbing systems within the Premises and any rooftop or exterior air conditioning equipment or HVAC Units serving only the Premises, any plumbing fixtures within the Premises (including sinks and toilets), and the plumbing lines, valves, and pipes connected to or running from such fixtures to the point at which such lines, valves and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premises. Tenant shall also make, at Tenant’s expense, such repairs and replacements as are needed to keep the sidewalks and walkways abutting the Premises in good condition general; (c) the lawn, walkways and order, and shall keep such sidewalks and walkways [and parking areas behind the Building to which Tenant has access] free of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall be made in compliance with the provisions of this lease (including Article 5).
Section 10.4 Tenant shall enter into and maintain, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, with a reputable service company, reasonably satisfactory to Landlord, for the HVAC Units serving the Premises. Tenant shall, from time to time, furnish Landlord with a copy of such service contract, within ten (10) days after request. If Tenant fails to obtain or maintain such service contract or to deliver to Landlord a copy of such contract upon request, Landlord may, at its option, enter into a service contract providing for the maintenance, repair, and servicing of the HVAC Units and bill Tenant for the charges due under such contract. Any such charges shall be paid by
Section 10.5 Subject to Section 13.4, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all damage to the Building resulting from any act or omission of Tenant, Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇’s subtenants▇▇▇▇ Road, or Tucker, Georgia 6 of the Premises; (d) the Easement Areas; (e) interior and exterior walls and doors of the Building; (f) interior and exterior windows; (g) any of Tenant’s or subtenants’ employeeselevators serving the Building; (h) floor covering, agentsinterior partitions, employeeskitchens, invitees or contractors.
Section 10.6 bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone and data cabling, wiring and related equipment (collectively, “Cable”); (j) supplemental air conditioning units; and (k) Alterations, including, without limitation, any Initial Alterations. If Tenant fails to make any repairs to the Premises for more than fifteen (15) days after notice from Landlord shall have no liability to Tenant, the Rent (although notice shall not be abatedrequired in an emergency), Landlord may make the repairs, and Tenant shall not be deemed actually or constructively evicted by reason of Landlord performing any repairs or other work to all or any portion pay the reasonable cost of the Premises and/or repairs, together with an administrative charge in an amount equal to fifteen percent (15%) of the Real Propertycost of the repairs. To the extent Landlord is not reimbursed by insurance proceeds, Tenant shall endeavor to perform such repairs or other work in a manner that reasonably minimizes interference with reimburse Landlord for the conduct cost of ▇▇▇▇▇▇’s business in the Premises and repairing damage to the Premises, Building caused by Tenant’s Work failure to maintain the insurance coverage required by this Lease and/or caused the acts of Tenant, Tenant Related Parties (as hereinafter defined) and Tenant’s Propertytheir respective contractors and vendors, but Landlord is not required together with an administrative charge in an amount equal to employ overtime labor or incur additional expensesfifteen percent (15%) of the cost of the repairs.
Appears in 2 contracts
Sources: Commercial Lease Agreement, Commercial Lease Agreement (Video Display Corp)
Repairs and Maintenance. Section 10.1 Landlord 7.1 Tenant shall generally maintain and repair the Leased Premises, in a good and workmanlike manner, and shall, at Landlord’s expensethe expiration of the term, deliver the Leased Premises in good order and condition, damages by fire or casualty, the elements and ordinary wear and tear excepted. Tenant covenants and agrees that it shall not cause or permit any waste, damage or disfigurement to the Leased Premises, or any overloading of the floors. Tenant shall maintain and make all structural repairs needed to the floor surface, plumbing and electrical systems including all ballasts and fluorescent fixtures located within the Leased Premises, and the entire HVAC system. Landlord shall be responsible for repairs necessary to the roof, exterior and load-bearing walls, structural columnsand electric and plumbing systems to the point where they enter the Leased Premises, structural roof, and structural floors that enclose the Premises (excluding all doors, door frames, storefronts, windows and glass); provided that Tenant gives Landlord notice of the necessity for such repairs. Notwithstanding the foregoing, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all such unless repair costs to structural elements that are is necessitated by the negligence or misconduct any act of Tenant, or its employees, contractors, agents, subtenants, employees, customers and inviteesemployees or contractors.
Section 10.2 If the Premises are sprinklered, 7.2 The Tenant shall be responsibleshall, at Tenant’s sole its own cost and expense, for maintaining, in good order pay all utility meter and repair and in compliance with all Laws, those elements of the sprinkler system within the Premisesservice charges, including gas, water and electric servicing the repair and replacement of Leased Premises. Landlord shall have the sprinkler heads and pipes. If the Premises are not sprinklered and a sprinkler system in the Premises is required under applicable Laws for Tenant’s Permitted Use or manner of use of the Premises, or Tenant’s Work requires the installation of a sprinkler system in the Premises, Tenant shall install such system as part of Tenant’s Workoption to install, at Tenant’s expense.
Section 10.3 Subject to Articles 14 its own cost, a separate water meter and 15 and Section 10.1: invoice Tenant shall make, at Tenant’s sole expense, all repairs and replacements needed directly for its water usage. The Tenant agrees to maintain in good condition all leased areas at a minimum temperature of 45 degrees, excluding cold rooms on other rooms specifically designed for a lower temperature, to prevent the freezing of domestic water and order the Premises and all installations, equipment and facilities therein, and all repairs and replacements needed to any plumbing, water, waste, heating, ventilating and air conditioning units (“HVAC Units”), and electric conduits, lines and equipment located outside the Premises that serve only the Premises. Without limiting the foregoing, but subject to Articles 14 and 15 and Section 10.1, Tenant shall make all repairs and replacements required with respect to the HVAC Units, electrical and plumbing systems within the Premises and any rooftop or exterior air conditioning equipment or HVAC Units serving only the Premises, any plumbing fixtures within the Premises (including sinks and toilets), and the plumbing lines, valves, and pipes connected to or running from such fixtures to the point at which such lines, valves and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premisessprinkler pipes. Tenant shall also make, at Tenant’s expense, such repairs and replacements as are needed to keep not store any items outside the sidewalks and walkways abutting the Premises in good condition and orderLeased Premises, and shall keep such sidewalks deliver its garbage and walkways [and areas behind recyclables to the Building to which central receiving area on the lot. Tenant has access] free shall dispose of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall be made in compliance all hazardous/medical waste with the provisions of this lease (including Article 5)an approved hauler at its own cost.
Section 10.4 Tenant shall enter into and maintain7.3 Landlord does not warrant that any services Landlord or any public utilities supply will not be interrupted. Services maybe interrupted because of accidents, at Tenant’s expenserepairs, a servicealterations, maintenance and repair contract, in scope reasonably satisfactory to improvements or any other reason beyond the reasonable control of Landlord, with a reputable service company, reasonably satisfactory to Landlord, for not including the HVAC Units serving the Premises. Tenant shall, from time to time, furnish Landlord with a copy of such service contract, within ten (10) days after request. If Tenant fails to obtain or maintain such service contract or to deliver to Landlord a copy of such contract upon request, Landlord may, at its option, enter into a service contract providing for the maintenance, repair, and servicing of the HVAC Units and bill Tenant for the charges due under such contract. Any such charges shall be paid by
Section 10.5 Subject to Section 13.4, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all damage to the Building resulting from any act or omission of Tenant, ▇▇▇▇▇▇’s subtenants, or any of Tenant’s or subtenants’ employees, agents, employees, invitees or contractors.
Section 10.6 Landlord shall have no liability to Tenant, the Rent shall not be abated, and Tenant shall not be deemed actually or constructively evicted by reason gross negligence of Landlord performing any repairs or other work to all or any portion of the Premises and/or the Real Property. Landlord shall endeavor to perform such repairs or other work in a manner that reasonably minimizes interference with the conduct of ▇▇▇▇▇▇’s business in the Premises and damage to the Premises, Tenant’s Work and Tenant’s Property, but Landlord is not required to employ overtime labor or incur additional expensesits agents.
Appears in 2 contracts
Sources: Lease Agreement (Ligand Pharmaceuticals Inc), Lease Agreement (Pharmacopeia Inc)
Repairs and Maintenance. Section 10.1 Landlord shall(a) The Tenant, at Landlord’s its sole cost and expense, make all structural repairs needed to shall maintain, repair and replace as necessary, and keep, in a clean, safe and proper operating condition, the entire interior and, except as otherwise provided in Section 10(d), the exterior wallsof the Premises, structural columnsincluding but not limited to all windows, structural roofdoors and glass, all machinery, equipment, lighting, sump pumps, grease traps, controls, mechanical, electrical, plumbing, inventory and appurtenances thereof used by or for the benefit of the Tenant. The Tenant shall be required to perform regular maintenance of the Geothermal System for the Premises, including heating, ventilating and air conditioning equipment and appurtenances thereof and any supplementation, replacement or upgrade approved pursuant to Section 9(b), and structural floors that enclose to include changing filters but not repairs or replacement of the Geothermal System existing as of the Effective Date or any part or component thereof, including any and all elements of the Geothermal System. The Tenant shall keep the Premises (excluding in good order and repair, and in a safe and clean condition, free of dirt, trash, pests, and in all doors, door frames, storefronts, windows respects in such manner as to comply with all applicable laws and glass); provided that Tenant gives Landlord notice of the necessity for such repairsregulations. Notwithstanding the foregoing, Tenant the City shall reimburse Landlordbe responsible for the maintenance, as Additional Rentrepair and replacement of pipes and equipment located below the concrete floor of the Premises, within thirty (30) days of being billed thereforexcept for grease traps, for all such repair costs to structural elements that are and unless necessitated by the negligence or misconduct willful wrongful act or omission of Tenant, its employeesagents, contractors, agentsinvitees or employees. The Tenant shall also maintain and keep, subtenantsin a clean, employeessafe and proper condition, customers the Adjoining Areas, and inviteesshall arrange for removal of ice and snow from the Adjoining Areas when reasonably necessary. Tenant shall not take any action to interfere with, damage or destroy any of the City’s bollards, chains, parking meters or signage located on or in the Adjoining Areas that are Tenant’s responsibility to maintain.
Section 10.2 If (b) At the Premises are sprinklered, Tenant shall be responsible, at Tenant’s sole cost and expense, Tenant shall enter into and maintain during the entire Term and any Renewal Term service contracts with reputable third-party contractors licensed and insured to maintain and monitor all mechanical, electrical, plumbing, HVAC, and other systems and equipment at the Premises for maintainingwhich Tenant is responsible as provided by Section 10(a), including but not limited to Building operating systems and equipment, as described in good order Section 10(a). All such service contracts and repair and in compliance contractors must (i) comply with all Lawsapplicable manufacturer’s recommendations, those elements of (ii) be terminable without penalty upon thirty (30) calendar days prior Notice, and (iii) be approved by the sprinkler system within City prior to the Tenant entering into the service contracts, which approval shall not be unreasonably withheld.
(c) The Tenant, at its sole cost and expense, shall take commercially reasonable precautions and measures to protect the Premises, including the repair Building and replacement any personal property therein, from flooding (collectively, “Flood Measures”) prior to an impending weather event reasonably expected to have flooding potential. Tenant shall coordinate with the City and its staff on other protective measures to be taken, except that Tenant may not make any physical alteration to the Building without the prior written approval of the sprinkler heads City, which shall not be unreasonably withheld.
(d) The City shall (i) maintain, repair, replace and pipesrenew the roof, foundation, exterior walls, and sprinkler, fire suppression and fire alarm systems (including any approved or required fire systems installed pursuant to Section 11) of the Building, as and when reasonably required; (ii) shall repair, replace and remotely monitor the Geothermal System (except for such any supplementation, replacements or upgrades to the Geothermal System installed by Tenant pursuant to Section 9(b) of this Lease), as and when reasonably required; and (iii) shall make all other capital improvements to the Property for which the Tenant is not responsible to make pursuant to Section 10(a) and (b) above (the “Capital Repairs”), provided that the Tenant promptly shall give the City Notice of the necessity for such repairs, and further provided that the damage thereto shall not have been caused by the Tenant, its agents, contractors, invitees or employees, in which event the Tenant shall be responsible therefore and shall promptly repair such damage at its sole cost and expense pursuant to Section 25. If Capital Repairs that are the Premises are responsibility of Tenant to undertake and that the Tenant does not sprinklered undertake after Notice from the City in accordance with Section 15(a) shall be undertaken by the City and invoiced to the Tenant as Additional Rent. As used in this sub-section (d), a sprinkler system capital improvement means the addition of a permanent structural change or the restoration of some aspect of the Property that will enhance its overall value, increase its useful life or adapt it to a new use.
(e) Except as provided in this Lease, the Premises is required under applicable Laws City shall have no obligation or liability for Tenant’s Permitted Use repair or manner of use maintenance of the Premises, or Tenant’s Work requires any part thereof, nor shall the installation City be under any liability to repair, maintain or replace any electrical, plumbing, heating, air conditioning or other mechanical installation, nor shall the City be obligated to make any improvements of a sprinkler system in any kind upon the Premises, Tenant shall install such system as part of Tenant’s Workor to make any repairs, at Tenant’s expense.
Section 10.3 Subject replacements or improvements to Articles 14 and 15 and Section 10.1: Tenant shall makeany equipment, at Tenant’s sole expensefacilities or fixtures contained therein, all repairs and replacements needed to maintain in good condition and order of which shall be the Premises and all installations, equipment and facilities therein, and all repairs and replacements needed to any plumbing, water, waste, heating, ventilating and air conditioning units (“HVAC Units”), and electric conduits, lines and equipment located outside responsibility of the Premises that serve only the Premises. Without limiting the foregoing, but subject to Articles 14 and 15 and Section 10.1, Tenant shall make all repairs and replacements required with respect to the HVAC Units, electrical and plumbing systems within the Premises and any rooftop or exterior air conditioning equipment or HVAC Units serving only the Premises, any plumbing fixtures within the Premises (including sinks and toilets), and the plumbing lines, valves, and pipes connected to or running from such fixtures to the point at which such lines, valves and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premises. Tenant shall also make, at Tenant’s expense, such repairs and replacements as are needed to keep the sidewalks and walkways abutting the Premises in good condition and order, and shall keep such sidewalks be performed as provided by Sections 10 and walkways [and areas behind the Building to which Tenant has access] free of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall be made in compliance with the provisions of this lease (including Article 5)11.
Section 10.4 Tenant shall enter into and maintain, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, with a reputable service company, reasonably satisfactory to Landlord, for the HVAC Units serving the Premises. Tenant shall, from time to time, furnish Landlord with a copy of such service contract, within ten (10) days after request. If Tenant fails to obtain or maintain such service contract or to deliver to Landlord a copy of such contract upon request, Landlord may, at its option, enter into a service contract providing for the maintenance, repair, and servicing of the HVAC Units and bill Tenant for the charges due under such contract. Any such charges shall be paid by
Section 10.5 Subject to Section 13.4, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all damage to the Building resulting from any act or omission of Tenant, ▇▇▇▇▇▇’s subtenants, or any of Tenant’s or subtenants’ employees, agents, employees, invitees or contractors.
Section 10.6 Landlord shall have no liability to Tenant, the Rent shall not be abated, and Tenant shall not be deemed actually or constructively evicted by reason of Landlord performing any repairs or other work to all or any portion of the Premises and/or the Real Property. Landlord shall endeavor to perform such repairs or other work in a manner that reasonably minimizes interference with the conduct of ▇▇▇▇▇▇’s business in the Premises and damage to the Premises, Tenant’s Work and Tenant’s Property, but Landlord is not required to employ overtime labor or incur additional expenses.
Appears in 2 contracts
Sources: Lease Agreement, Market House Lease Agreement
Repairs and Maintenance. Section 10.1 (a) Except as specifically otherwise provided in subparagraphs (b), (c) and (d) of this Article, Tenant, at its sole cost and expense and throughout the Term of this Lease, shall keep and maintain the interior, non-structural portions of the Premises in good order and condition, free of accumulation of dirt and rubbish, and shall promptly make all interior, non-structural repairs necessary to keep and maintain such good order and condition. Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise Landlord shallof Tenant’s desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make such repairs to the Premises within a reasonable time of notice to Landlord and shall charge Tenant for such services at Landlord’s expense, make all structural repairs needed standard rate (such rate to be competitive with the exterior walls, structural columns, structural roof, and structural floors that enclose the Premises (excluding all doors, door frames, storefronts, windows and glass); provided that Tenant gives Landlord notice of the necessity market rate for such services). When used in this Article 14, the term “repairs” shall include replacements and renewals when necessary. Notwithstanding the foregoing, All repairs made by Tenant shall reimburse utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises.
(b) Landlord, as Additional Rent, within thirty (30) days throughout the Term of being billed therefor, for all such repair costs to structural elements that are necessitated by the negligence or misconduct of Tenant, its employees, contractors, agents, subtenants, employees, customers this Lease and invitees.
Section 10.2 If the Premises are sprinklered, Tenant shall be responsible, at TenantLandlord’s sole cost and expenseexpenses, for maintaining, in good order shall make all necessary repairs to the footings and repair foundations and in compliance with all Laws, those elements the structural steel columns and girders forming a part of the sprinkler system within Premises.
(c) Landlord shall maintain all HVAC systems, plumbing and electric systems serving the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof.
(d) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside of the Premises and the common areas, including the repair and replacement roof, walls, exterior portions of the sprinkler heads and pipes. If the Premises are not sprinklered and a sprinkler system in the Premises is required under applicable Laws for Tenant’s Permitted Use or manner of use of the Premises, or Tenant’s Work requires the installation of a sprinkler system in the Premises, Tenant shall install such system as part of Tenant’s Work, at Tenant’s expense.
Section 10.3 Subject to Articles 14 and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, all repairs and replacements needed to maintain in good condition and order the Premises and all installationsthe Building, utility lines, equipment and other utility facilities thereinin the Building, which serve more than one tenant of the Building, and all repairs and replacements needed to any plumbingdriveways, watersidewalks, wastecurbs, heatingloading, ventilating parking and air conditioning units (“HVAC Units”)landscaped areas, and electric conduits, lines and equipment located outside the Premises that serve only the Premises. Without limiting the foregoing, but subject to Articles 14 and 15 and Section 10.1, Tenant shall make all repairs and replacements required with respect to the HVAC Units, electrical and plumbing systems within the Premises and any rooftop or other exterior air conditioning equipment or HVAC Units serving only the Premises, any plumbing fixtures within the Premises (including sinks and toilets), and the plumbing lines, valves, and pipes connected to or running from such fixtures to the point at which such lines, valves and pipes connect with improvements for the Building’s common plumbing lines; provided, including however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such plumbing lines repair or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service Landlord has actual knowledge of the need to the Premisesmake such repair. Tenant shall also makepay its Allocated Share of the cost of all repairs, at Tenant’s expenseas limited under Article 6, such repairs to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof.
(e) Landlord shall keep and replacements as are needed maintain all common areas appurtenant to keep the sidewalks Building and walkways abutting any sidewalks, parking areas, curbs and access ways adjoining the Premises Property in good condition a clean and orderorderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep such sidewalks and walkways [and maintain all landscaped areas behind the Building to which Tenant has access] free of rubbish, snow, ice and other obstructions, and otherwise in a safe neat and clean orderly condition. All such repairs and replacements Tenant shall pay its Allocated Share of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be made in compliance with limited to the provisions of this lease (including Article 5)parking areas and the sidewalk entrances to the Building.
Section 10.4 Tenant shall enter into and maintain(f) Notwithstanding anything herein to the contrary, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory repairs to Landlord, with a reputable service company, reasonably satisfactory to Landlord, for the HVAC Units serving the Premises. Tenant shall, from time to time, furnish Landlord with Building or Project and its appurtenant common areas made necessary by a copy of such service contract, within ten (10) days after request. If Tenant fails to obtain negligent or maintain such service contract or to deliver to Landlord a copy of such contract upon request, Landlord may, at its option, enter into a service contract providing for the maintenance, repair, and servicing of the HVAC Units and bill Tenant for the charges due under such contract. Any such charges shall be paid by
Section 10.5 Subject to Section 13.4, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all damage to the Building resulting from any willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made at the sole cost and expense of Tenant, ▇▇▇▇▇▇’s subtenants, or any except to the extent of Tenant’s or subtenants’ employees, agents, employees, invitees or contractorsinsurance proceeds received by Landlord.
Section 10.6 (g) Landlord shall have no liability to Tenant, provide Tenant with janitorial services for the Rent shall not be abated, Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “E” attached hereto and the Tenant shall not be deemed actually or constructively evicted by reason of Landlord performing any repairs or other work to all or any portion pay its Allocated Share of the Premises and/or the Real Property. Landlord shall endeavor to perform such repairs or other work cost thereof as Additional Rent as provided in a manner that reasonably minimizes interference with the conduct of ▇▇▇▇▇▇’s business in the Premises and damage to the Premises, Tenant’s Work and Tenant’s Property, but Landlord is not required to employ overtime labor or incur additional expensesArticle 6 hereof.
Appears in 1 contract
Repairs and Maintenance. Section 10.1 Landlord shall, at Landlord’s expense, make all structural repairs needed to the exterior walls, structural columns, structural roof, and structural floors that enclose the Premises (excluding all doors, door frames, storefronts, windows and glass); provided that Tenant gives Landlord notice of the necessity for such repairs. Notwithstanding the foregoing, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all such repair costs to structural elements that are necessitated by the negligence or misconduct of Tenant, its employees, contractors, agents, subtenants, employees, customers and invitees.
Section 10.2 If the Premises are sprinklered, Tenant shall be responsible, at Tenant’s sole cost and expense, for maintaining, in good order and repair and in compliance with all Laws, those elements of the sprinkler system within keep the Premises, including Shared Space, and the repair and replacement Common Areas of the sprinkler heads Building in operating condition and pipes. If repair at least as good as the Premises are not sprinklered and a sprinkler system in the Premises is required under applicable Laws for Tenant’s Permitted Use or manner of use condition of the PremisesBuilding on the Commencement Date, the completion of Phase 1 or Tenant’s Work requires the installation completion of a sprinkler system Phase 2, as the case may be, including but not limited to walks, landscaping, service areas, mechanical rooms, loading areas, and the roof and the exterior of the Building, reasonable use and wear and tear and damage by fire and other casualty excepted, Landlord shall promptly repair malfunctioning fixtures, plumbing, HVAC and electrical systems in the Premises, Tenant Shared Space and public and common areas. Landlord shall install such system as part of Tenant’s Work, at Tenant’s expense.
Section 10.3 Subject to Articles 14 and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, all repairs and replacements needed to further maintain in good condition and operating order at least as good as the Premises condition of the Building on the Commencement Date and all installationsreasonably keep in repair consistent with plans for renovation of the Building (a) the structural portions of the Building, equipment including the foundation, floor/ceiling slabs, roof, curtain wall, exterior glass and facilities thereinmullions, columns, beams, shafts (including elevator shafts), base Building stairs and all repairs stairwells, Landlord’s art work, Building mechanical, electrical and replacements needed to any telecom closets (collectively, the “Building Structure”), (b) the base building mechanical, electrical, life safety, plumbing, watersprinkler and HVAC systems of the Building (collectively, waste, heating, ventilating and air conditioning units (the “HVAC UnitsBuilding Systems”), and electric conduits(c) the common areas and signage. In the event that such repairs are required as a result, lines in whole or in part, of the act or neglect of any duty by Tenant its agents, servants, employees, or invitees, then Tenant shall pay to Landlord the reasonable and equipment located outside the Premises that serve only actual cost of such maintenance and repairs. Landlord shall provide janitorial service for the Premises. Without limiting Tenant shall, at its own expense and at all times, keep the foregoingPremises neat, but subject to Articles 14 clean and 15 and Section 10.1, in a sanitary condition. Tenant shall make all repairs and replacements required with respect to the HVAC Unitspermit no waste, electrical and plumbing systems within the Premises and any rooftop damage or exterior air conditioning equipment or HVAC Units serving only the Premises, any plumbing fixtures within the Premises (including sinks and toilets), and the plumbing lines, valves, and pipes connected to or running from such fixtures to the point at which such lines, valves and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service injury to the Premises. Tenant shall also make, at Tenant’s expense, such repairs and replacements as are needed to keep the sidewalks and walkways abutting the Premises in good condition and order, and shall keep such sidewalks and walkways [and areas behind the Building to which Tenant has access] free of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall be made in compliance with the provisions of this lease (including Article 5).
Section 10.4 Tenant shall enter into and maintain, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, with a reputable service company, reasonably satisfactory to Landlord, for the HVAC Units serving the Premises. Tenant shall, from time to time, furnish promptly provide Landlord with a copy of such service contract, within ten (10) days after request. If Tenant fails to obtain or maintain such service contract or to deliver to Landlord a copy of such contract upon request, Landlord may, at its option, enter into a service contract providing for the maintenance, repair, and servicing written notice of the HVAC Units and bill Tenant need for the charges due under such contract. Any such charges shall be paid by
Section 10.5 Subject to Section 13.4, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all damage to the Building resulting from any act or omission of Tenant, ▇▇▇▇▇▇’s subtenants, or any of Tenant’s or subtenants’ employees, agents, employees, invitees or contractors.
Section 10.6 Landlord shall have no liability to Tenant, the Rent shall not be abated, and Tenant shall not be deemed actually or constructively evicted by reason of Landlord performing any repairs or other work maintenance to all or any portion of the Premises and/or or the Real PropertyBuilding. Landlord shall endeavor to perform such be responsible for the maintenance and repairs or other work in a manner that reasonably minimizes interference with the conduct of ▇▇▇▇▇▇’s business in the Premises and damage to the Premises, Tenant’s Work the Building, Building systems, and Tenant’s Propertycommon areas which shall include but not limited to interior lighting (including replacement of light bulbs, but Landlord is not required ballasts and starters as required); electrical, plumbing, heating, ventilating and air-conditioning systems (including replacement of filters as recommended in equipment service manual); floor coverings; window coverings; inside and outside walls (including windows and entrance and exit doors); all structural portions of the Building (including the roof and the watertight integrity of same); restrooms, common area hallways, porches, stairways; sidewalks; exterior lighting; parking lot (including snow removal, cleaning and restriping as required); wheel bumpers; drainage; landscaping and continuous satisfaction of all governmental requirements (example: fire, building energy codes, indoor air quality and requirements to employ overtime labor or incur additional expensesprovide architecturally barrier-free premises for persons with disabilities, etc.).
Appears in 1 contract
Repairs and Maintenance. Section 10.1 9.1 The Landlord shallwill, at Landlord’s expensesubject to section 9.2 and Part 10, make all structural repairs needed maintain and repair, or cause to be maintained and repaired, as would a prudent owner of a reasonably similar industrial building, the structure of the Building, including, without limitation, the foundations, exterior wall assemblies including weather walls, structural columnssub-floor, structural roofroof structure, bearing walls, and structural floors that enclose columns and beams of the Building.
9.2 The Tenant shall:
(a) be responsible for all routine and periodic maintenance and replacement necessary to keep the Premises and their installations in a good state of repair, reasonable wear and tear excepted, as would a prudent owner including, without limitation, the following: painting every three years; snow removal; landscaping; fencing; lighting; roofing repairs (excluding all doors, door frames, storefronts, subject to the limitations in this Lease); paving repairs; and any work required to be carried out by any duly constituted government authority;
(b) replace any glass broken in the Building including outside windows and glass); provided that Tenant gives Landlord notice doors on the perimeter of the necessity Building;
(c) keep in force at times during the Term servicing contracts with licensed contractors for the service and maintenance of heating units, air-conditioning units, furnaces (hereinafter referred to collectively as "HVAC Units"), electrical mains and any pressure vessels in use by the Tenant in the Building such repairscontracts to be on industry standard terms and to provide the Landlord with copies thereof upon demand. Notwithstanding In the foregoingevent that, during the Term any of the HVAC Units require replacement, the Tenant shall reimburse install a new unit at its own expense. Upon the expiration or other termination of this Lease and prior to the return of the Security Deposit, the Tenant shall deliver to the Landlord a certificate issued by a licensed service contractor indicating that all HVAC Units are in a good state of maintenance and repair and are suitable for operation in accordance with all Laws and the rules and regulations of all applicable utility authorities;
(d) notify the Landlord, in writing, of any defect or deficiency in, malfunction of, or damage to, the Premises or any equipment or Utilities therein or thereon immediately after same comes to the attention of the Tenant;
9.3 Notwithstanding anything else contained herein, if the Premises or any part therein or thereof, or any equipment, machinery, facilities or improvements contained therein or made thereto, or the roof structure or outside walls of the Building or any other structural portions thereof require repair or replacement or become damaged or destroyed through the use, occupation, negligence, carelessness or misuse of the Tenant or its Invitees, or by such persons in any way stopping up or damaging the HVAC Units, water pipes, drainage pipes or other equipment or facilities or parts of the Building, the cost of repair shall be paid by the Tenant to the Landlord as Additional Rent, Rent within thirty five (305) days after presentation of being billed therefor, for all an account of such repair costs to structural elements that are necessitated incurred by the negligence Landlord.
9.4 The Tenant will not install any equipment which will exceed or misconduct overload the capacity of any utility, electrical or mechanical facilities in the Building and the Tenant will not bring onto the Premises or install any utility, electrical or mechanical facility or service which the Landlord does not approve. The Tenant agrees that if any equipment installed by the Tenant requires additional utility, electrical or mechanical facilities, the Landlord may, in its sole discretion, if they are available, elect to install them at the Tenant's expense and in accordance with plans and specifications to be approved in advance in writing by the Landlord.
9.5 The Landlord, its employees, contractors, agents, subtenants, employees, customers contractors and invitees.
Section 10.2 If the Premises are sprinklered, Tenant agents shall be responsible, at Tenant’s sole cost and expense, for maintaining, in good order and repair and in compliance with all Laws, those elements of the sprinkler system within the Premises, including the repair and replacement of the sprinkler heads and pipes. If the Premises are not sprinklered and a sprinkler system in the Premises is required under applicable Laws for Tenant’s Permitted Use or manner of use of the Premises, or Tenant’s Work requires the installation of a sprinkler system in the Premises, Tenant shall install such system as part of Tenant’s Work, at Tenant’s expense.
Section 10.3 Subject entitled to Articles 14 and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, all repairs and replacements needed to maintain in good condition and order enter the Premises and all installations, equipment and facilities therein, and all repairs and replacements needed to any plumbing, water, waste, heating, ventilating and air conditioning units (“HVAC Units”), and electric conduits, lines and equipment located outside the Premises that serve only the Premises. Without limiting the foregoing, but subject to Articles 14 and 15 and Section 10.1, Tenant shall make all repairs and replacements required with respect to the HVAC Units, electrical and plumbing systems within the Premises and any rooftop or exterior air conditioning equipment or HVAC Units serving only the Premises, any plumbing fixtures within the Premises (including sinks and toilets), and the plumbing lines, valves, and pipes connected to or running from such fixtures to the point at which such lines, valves and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premises. Tenant shall also make, at Tenant’s expense, such repairs and replacements as are needed to keep the sidewalks and walkways abutting the Premises in good condition and order, and shall keep such sidewalks and walkways [and areas behind the Building for any purpose permitted or contemplated by this Lease including, without limitation, to which Tenant has access] free of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall effect any repair required or permitted to be made in compliance with by the provisions of this lease (including Article 5).
Section 10.4 Tenant shall enter into and maintain, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, with a reputable service company, reasonably satisfactory to Landlord, for effect any repair which is the HVAC Units serving responsibility of the Premises. Tenant shall, from time to time, furnish Landlord with a copy of such service contract, within ten (10) days after request. If Tenant and which it fails to obtain or maintain such service contract or make when required, to deliver to Landlord a copy of such contract upon request, Landlord may, at its option, enter into a service contract providing for calculate the maintenance, repair, and servicing of the HVAC Units and bill Tenant for the charges due under such contract. Any such charges shall be paid by
Section 10.5 Subject to Section 13.4, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all damage to the Building resulting from any act or omission of Tenant, ▇▇▇▇▇▇’s subtenants, or any of Tenant’s or subtenants’ employees, agents, employees, invitees or contractors.
Section 10.6 Landlord shall have no liability to Tenant, the Rent shall not be abated, and Tenant shall not be deemed actually or constructively evicted by reason of Landlord performing any repairs or other work to all or any portion area of the Premises and/or or any part thereof, to view the Real Property. state of repair and maintenance of the Premises or any part thereof, to confirm that the Tenant is complying with its obligations hereunder (including, without limitation, the Tenant's obligations respecting Hazardous Substances and compliance with environmental laws and regulations, in respect to which the Landlord shall endeavor be entitled to perform conduct an environmental audit or any further testing required to ensure such repairs compliance) or other work in a manner to obtain information for plans, provided that reasonably minimizes such entry is made upon reasonable notice to the Tenant. In Free-Standing, Industrial - May, 1994 exercising its rights under this section 9.5, the Landlord shall take reasonable efforts to minimize the interference with the conduct of ▇▇▇▇▇▇’s business the Tenant's business.
9.6 The Landlord shall have the right to do such work in or upon the Premises and damage as may be necessary to preserve or protect the Premises, Tenant’s Work and Tenant’s Property, but Landlord is not required to employ overtime labor or incur additional expenses.
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Repairs and Maintenance. Section 10.1 Landlord shall, at Landlord’s expense, make all structural repairs needed to the exterior walls, structural columns, structural roof, and structural floors that enclose the Premises (excluding all doors, door frames, storefronts, windows and glass); a) Except as otherwise provided that Tenant gives Landlord notice of the necessity for such repairs. Notwithstanding the foregoingelsewhere in this Lease, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all such repair costs to structural elements that are necessitated by the negligence or misconduct of Tenant, its employees, contractors, agents, subtenants, employees, customers and invitees.
Section 10.2 If the Premises are sprinklered, Tenant shall be responsibleshall, at Tenant’s sole cost and expense, for maintaining, in good order and repair and in compliance with all Laws, those elements maintain (i) the nonstructural portions of the sprinkler system Premises (including, but not limited to, all fixtures, electrical lighting, ceilings and flooring coverings, windows, doors, plate glass, skylights, and interior walls within the Premises); : and
(ii) all Premises Systems (as defined below). In addition, including the Tenant shall be responsible for all repairs made necessary by negligence or wrongful acts of Tenant or Tenant’s invitees. Tenant acknowledges that Landlord shall have no obligation to maintain, repair and replacement of the sprinkler heads and pipes. If the Premises are not sprinklered and a sprinkler system or replace any telecommunications or computer cabling or wiring which is located in the Premises is required under applicable Laws for Tenant’s Permitted Use or manner of use of the Premises, or Tenant’s Work requires the installation of a sprinkler system in the Premises, Tenant shall install such system as part of Tenant’s Work, at Tenant’s expense.
Section 10.3 Subject to Articles 14 and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, all repairs and replacements needed to maintain in good condition and order the Premises and all installations, equipment and facilities therein, and all repairs and replacements needed to any plumbing, water, waste, heating, ventilating and air conditioning units (“HVAC Units”), and electric conduits, lines and equipment located outside the Premises that serve only the Premises. Without limiting the foregoing, but subject to Articles 14 and 15 and Section 10.1, Tenant shall make all repairs and replacements required with respect to the HVAC Units, electrical and plumbing systems within the Premises and any rooftop or exterior air conditioning equipment or HVAC Units serving only the Premises, any plumbing fixtures within which exclusively serves the Premises (including sinks and toiletscollectively, “Cabling”), and the plumbing lines, valves, and pipes connected to or running from such fixtures to the point at which such lines, valves and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premises. Tenant shall also makeshall, at Tenant’s expense, such repairs and replacements as are needed contract with any reputable contractor to keep maintain the sidewalks and walkways abutting the Premises in good condition and orderCabling; provided, and shall keep such sidewalks and walkways [and areas behind the Building to which Tenant has access] free of rubbishhowever, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall be made in compliance with the provisions of this lease (including Article 5).
Section 10.4 Tenant shall enter into and maintain, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, with a reputable service company, reasonably satisfactory to Landlord, for the HVAC Units serving the Premises. Tenant shall, from time to time, furnish Landlord with a copy of such service contract, within ten (10) days after request. If Tenant fails to obtain or maintain such service contract or to deliver to Landlord a copy of such contract upon request, that Landlord may, at its option, enter into a service contract providing for the maintenance, repair, Landlord’s option and servicing of the HVAC Units and bill Tenant for the charges due under such contract. Any such charges shall be paid by
Section 10.5 Subject to Section 13.4, Tenant shall reimburse Landlord, as Additional Rent, within upon thirty (30) days of being billed therefor, for all damage days’ written notice to the Building resulting from any act or omission of Tenant, ▇▇▇▇▇▇’s subtenantsundertake the responsibility for the maintenance of some or all of the Cabling, or any in which event the cost of Tenant’s or subtenants’ employees, agents, employees, invitees or contractorssuch maintenance may be included as an “Operating Expense.
Section 10.6 ” Landlord shall have no liability obligation to Tenantalter, remodel, improve, repair, decorate or paint the Rent Premises except as specifically set forth in this Lease. Under no circumstances shall not be abated, and Tenant shall not be deemed actually or constructively evicted by reason of Landlord performing make any repairs to the Building or other work to all the mechanical, electrical or any portion heating, ventilating or air conditioning systems of the Premises and/or or the Real Property. Landlord shall endeavor to perform Building, unless such repairs are previously approved in writing by Landlord. Tenant waives the provisions of Sections 1931(1), 1941 and 1942 of the California Civil Code, and any similar or successor law regarding Tenant’s right to make repairs and deduct expenses of such repairs from the Rent due under this Lease. For purposes of this Lease, the term “Base Building Systems” means all systems and equipment (including plumbing, HVAC, electrical, fire/life safety, elevator, and security systems) that serve the entire Building or portions of the Building other work in a manner that reasonably minimizes interference with the conduct of ▇▇▇▇▇▇’s business in the Premises and damage to than simply the Premises, Tenant’s Work excluding all Premises Systems. For purposes of this Lease, the term “Premises Systems” means all systems and Tenant’s Propertyequipment that serve only the Premises, but Landlord is not required to employ overtime labor regardless of whether such systems or incur additional expensesequipment are located within or outside the Premises.
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Repairs and Maintenance. 9.1. Subject to the provisions of Section 10.1 Landlord 12.6(a) Tenant shall, at its expense, throughout the term of this Lease, take good care of and maintain in good order and condition the demised premises and the fixtures and improvements therein, including, without limitation, Tenant’s Property, except as otherwise expressly provided in the last sentence of this Section 9.1. Tenant shall be responsible for all repairs, interior and exterior, structural and non-structural, ordinary and extraordinary, foreseen or unforeseen, in and to the demised premises, and shall be responsible for the cost of all repairs, interior and exterior, structural and non-structural, ordinary and extraordinary, foreseen or unforeseen, in and to the Building and the facilities and systems thereof, the need for any of the foregoing which arises out of (a) the performance by Tenant or existence of Alterations made by Tenant, (b) the installation, use or operation by Tenant of the property which is deemed Landlord’s, pursuant to Section 8.10 hereof and Tenant’s Property, (c) the moving by Tenant of the property which is deemed Landlord’s pursuant to Section 8.10 hereof and Tenant’s Property in or out of the Building, (d) the neglect of Tenant or any of its subtenants or its or their employees, agents, contractors or invitees or (e) design flaws in any of Tenant’s plans and specifications regardless of the fact that such Tenant’s plans may have been approved by Landlord. Tenant, at its expense, make shall promptly replace all structural scratched, damaged or broken doors and glass (but not the exterior windows) in and about the demised premises, including, without limitation, entrance doors and shall be responsible for all repairs, maintenance and replacement of wall and floor coverings in the demised premises and for all the repair, maintenance and replacement of all horizontal portions of the systems and facilities of the Building within and exclusively serving the demised premises (save for the heating system), including, without limitation, the sanitary and electrical fixtures and equipment therein. All repairs needed in or to the demised premises for which Tenant is responsible shall be promptly performed by Tenant in a manner which will not interfere with the use of the Building by other occupants; provided, however, any repairs in and to the Building and the facilities and systems thereof for which Tenant is responsible shall be performed by Landlord at Tenant’s expense which expense shall be commercially reasonable. The exterior wallswalls of the Building, structural columns, structural roofthe portions of any window ▇▇▇▇▇ outside the windows, and structural floors that enclose the Premises (excluding all doors, door frames, storefronts, windows and glass); provided that Tenant gives Landlord notice are not part of the necessity for premises demised by this Lease and Landlord reserves all rights to such repairsparts of the Building. Notwithstanding the foregoingforegoing provisions of this Section 9.1, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days not be responsible for repairs to or replacements of being billed therefor, for all such repair costs to any structural elements that are necessitated by of the Building, except to the extent the need for such repairs or replacements arises from the matters set forth in clauses (a), (b), (c), (d) or (e) of the second sentence of this Section 9.1 or from the negligence or willful misconduct of Tenant, its employees, agents or contractors, agents, subtenants, employees, customers and invitees.
Section 10.2 If the Premises are sprinklered, 9.2. Tenant shall be responsible, at Tenant’s sole cost and expense, for maintaining, give Landlord prompt notice of any defective condition in good order and repair and in compliance with all Laws, those elements of the sprinkler system within the Premises, including the repair and replacement of the sprinkler heads and pipes. If the Premises are not sprinklered and a sprinkler system in the Premises is required under applicable Laws for Tenant’s Permitted Use or manner of use of the Premises, or Tenant’s Work requires the installation of a sprinkler system in the Premises, Tenant shall install such system as part of Tenant’s Work, at Tenant’s expense.
Section 10.3 Subject to Articles 14 and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, all repairs and replacements needed to maintain in good condition and order the Premises and all installations, equipment and facilities therein, and all repairs and replacements needed to any plumbing, water, waste, heating, ventilating and air air-conditioning units (“HVAC Units”)or ventilation system or electrical lines located in, and electric conduits, lines and equipment located outside servicing or passing through the Premises that serve only demised premises of which it has actual knowledge. Landlord shall remedy the Premises. Without limiting the foregoingconditions, but subject to Articles 14 and 15 and Section 10.1, at the expense of Tenant shall make all repairs and replacements required with respect to the HVAC Units, electrical and plumbing systems within the Premises and any rooftop or exterior air conditioning equipment or HVAC Units serving only the Premises, any plumbing fixtures within the Premises (including sinks and toilets), and the plumbing lines, valves, and pipes connected to or running from such fixtures to the point at which such lines, valves and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premises. if Tenant shall also make, at Tenant’s expense, such repairs and replacements as are needed to keep the sidewalks and walkways abutting the Premises in good condition and order, and shall keep such sidewalks and walkways [and areas behind the Building to which Tenant has access] free of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall be made in compliance with is responsible for same under the provisions of this lease (including Article 5)9.
Section 10.4 9.3. Tenant shall enter into and maintain, at Tenant’s expense, not place a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, with a reputable service company, reasonably satisfactory to Landlord, load upon any floor of the demised premises exceeding the floor load per square foot area which is allowed by the Certificate of Occupancy for the HVAC Units serving the PremisesBuilding.
9.4. Business machines and mechanical equipment used by Tenant shallwhich cause vibration, from time to timenoise, furnish Landlord with a copy of such service contract, within ten (10) days after request. If Tenant fails to obtain cold or maintain such service contract or to deliver to Landlord a copy of such contract upon request, Landlord may, at its option, enter into a service contract providing for the maintenance, repair, and servicing of the HVAC Units and bill Tenant for the charges due under such contract. Any such charges shall heat that may be paid by
Section 10.5 Subject to Section 13.4, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all damage transmitted to the Building resulting from structure or to any act leased space to such a degree as to be objectionable to any other tenant in the Building shall be placed and maintained by Tenant at its expense in settings of cork, rubber or omission of Tenant, ▇▇▇▇▇▇’s subtenantsspring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or any prevent transmission of Tenant’s such cold or subtenants’ employees, agents, employees, invitees or contractorsheat.
Section 10.6 Landlord 9.5. Except as otherwise expressly provided in this Lease, there shall have be no allowance to Tenant for a diminution of rental value and no liability to Tenant, on the Rent shall not be abated, and Tenant shall not be deemed actually or constructively evicted part of Landlord by reason of Landlord performing inconvenience, annoyance or injury to business arising from the making of any repairs repairs, alterations, additions or other work improvements in or to all or any portion of the Premises and/or Building or the Real Propertydemised premises or in or to fixtures, appurtenances or equipment thereof. Landlord shall endeavor exercise reasonable diligence so as to perform such repairs or other work in a manner that reasonably minimizes minimize any interference with the conduct of ▇▇▇▇▇▇Tenant’s business in the Premises and damage to the Premises, Tenant’s Work and Tenant’s Property, but Landlord is not required to employ overtime labor or incur additional expensesoperations.
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Repairs and Maintenance. Section 10.1 Landlord shallExcept as specifically otherwise provided in this Article, Tenant, at Landlord’s expense, make all structural repairs needed to the exterior walls, structural columns, structural roof, and structural floors that enclose the Premises (excluding all doors, door frames, storefronts, windows and glass); provided that Tenant gives Landlord notice of the necessity for such repairs. Notwithstanding the foregoing, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all such repair costs to structural elements that are necessitated by the negligence or misconduct of Tenant, its employees, contractors, agents, subtenants, employees, customers and invitees.
Section 10.2 If the Premises are sprinklered, Tenant shall be responsible, at Tenant’s sole cost and expenseexpense and throughout the Term of this Lease, for maintaining, shall keep and maintain the Premises in good order and repair condition, free of accumulation of dirt and in compliance with rubbish, and shall promptly make all Laws, those elements of the sprinkler system within the Premises, including the repair non-structural repairs necessary to keep and replacement of the sprinkler heads maintain such good order and pipescondition. If requested by Tenant, Landlord shall make such repairs to the Premises are not sprinklered within a reasonable time of notice to Landlord and a sprinkler system in the Premises is required under applicable Laws shall charge Tenant for Tenantsuch services at Landlord’s Permitted Use or manner of use of the Premises, or Tenant’s Work requires the installation of a sprinkler system in the Premises, Tenant shall install standard rate (such system as part of Tenant’s Work, at Tenant’s expense.
Section 10.3 Subject rate to Articles 14 and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, all repairs and replacements needed to maintain in good condition and order the Premises and all installations, equipment and facilities therein, and all repairs and replacements needed to any plumbing, water, waste, heating, ventilating and air conditioning units (“HVAC Units”), and electric conduits, lines and equipment located outside the Premises that serve only the Premises. Without limiting the foregoing, but subject to Articles 14 and 15 and Section 10.1, Tenant shall make all repairs and replacements required with respect to the HVAC Units, electrical and plumbing systems within the Premises and any rooftop or exterior air conditioning equipment or HVAC Units serving only the Premises, any plumbing fixtures within the Premises (including sinks and toilets), and the plumbing lines, valves, and pipes connected to or running from such fixtures to the point at which such lines, valves and pipes connect be competitive with the Building’s common plumbing lines, including market rate for such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premisesservices). Tenant shall also make, at Tenant’s expense, such repairs and replacements as are needed to keep not use or permit the sidewalks and walkways abutting the Premises in good condition and order, and shall keep such sidewalks and walkways [and areas behind the Building to which Tenant has access] free use of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall be made in compliance with the provisions of this lease (including Article 5).
Section 10.4 Tenant shall enter into and maintain, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, with a reputable service company, reasonably satisfactory to Landlord, for the HVAC Units serving the Premises. Tenant shall, from time to time, furnish Landlord with a copy of such service contract, within ten (10) days after request. If Tenant fails to obtain or maintain such service contract or to deliver to Landlord a copy of such contract upon request, Landlord may, at its option, enter into a service contract providing for the maintenance, repair, and servicing of the HVAC Units and bill Tenant for the charges due under such contract. Any such charges shall be paid by
Section 10.5 Subject to Section 13.4, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all damage to the Building resulting from any act or omission of Tenant, ▇▇▇▇▇▇’s subtenants, or any of Tenant’s or subtenants’ employees, agents, employees, invitees or contractors.
Section 10.6 Landlord shall have no liability to Tenant, the Rent shall not be abated, and Tenant shall not be deemed actually or constructively evicted by reason of Landlord performing any repairs or other work to all or any portion of the Premises and/or for outdoor storage. When used in this Article 14, the Real Propertyterm “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. Landlord, throughout the Term of this Lease and at Landlord’s sole cost and expenses, shall make all necessary repairs to the footings and foundations and the structural steel columns and girders forming a part of the Premises and the HVAC, plumbing and electric systems serving the Premises. Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside of the Premises and the common areas, including the roof, walls, windows, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of or has actual knowledge of the need for such repair. Landlord shall endeavor keep and maintain all common areas appurtenant to perform such repairs or other work the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a manner that reasonably minimizes interference with clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. Notwithstanding anything herein to the conduct of ▇▇▇▇▇▇’s business in the Premises and damage contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made at the sole cost and expense of Tenant’s Work and Tenant’s Property, but except to the extent of insurance proceeds received by Landlord. Landlord is not required to employ overtime labor or incur additional expensesshall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto.
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Repairs and Maintenance. Section 10.1 Landlord Tenant shall, at Landlord’s its expense, maintain the Premises in a first class condition consistent with other similar office buildings in Broward County, Florida. The Tenant shall, at its own expense, abat▇ ▇▇▇ nuisance pertaining to the use of the Premises and shall comply with all existing and hereinafter enacted laws, fire codes and requirements of applicable governmental and quasi-governmental authorities and requirements and recommendations of insurance underwriters with respect to the Premises or the use and occupancy thereof arising from a violation thereof by:
(a) Tenant's utilization of the Premises; (b) the manner of conduct of Tenant's business or the installation of or the operation of its properties on any portion of the Premises; (c) any cause or condition created by or through Tenant; or (d) the breach of any of Tenant's obligations under this Lease. The Tenant shall, at its expense, among other things, make all structural repairs needed to the exterior wallsrepairs, structural columnsreplacements, structural roof, removals and structural floors that enclose maintenance of the Premises (excluding including, but not limited to, the roof, all doors, door frames, storefronts, windows and glass); provided that Tenant gives Landlord notice structural components of the necessity for such repairs. Notwithstanding Building, all plumbing, equipment, water pipes, sewer pipes, gas pipes, drains, fixtures, structures, surfacing, paving, driveways, landscaping, lighting, electrical, heating, air conditioning, cooling and refrigeration equipment and all other equipment and apparatus pertaining to the foregoing, Tenant Premises) and shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all such repair costs to structural elements that are necessitated by the negligence or misconduct of Tenant, its employees, contractors, agents, subtenants, employees, customers and invitees.
Section 10.2 If keep the Premises are sprinkleredin a neat, Tenant shall be responsible, at Tenant’s sole cost healthful and expense, for maintaining, safe condition and in good order and repair accordance and in compliance with all Lawsapplicable laws, those elements of ordinances and other governmental regulations, ordinances and directions during the sprinkler system within the Premises, including the repair and replacement of the sprinkler heads and pipesTerm. If Any damage to or destruction to the Premises are not sprinklered and a sprinkler system in the Premises is required under applicable Laws for Tenant’s Permitted Use or manner of use of the Premises, or Tenant’s Work requires the installation of a sprinkler system in the Premises, Tenant shall install such system as part of Tenant’s Work, at Tenant’s expense.
Section 10.3 Subject to Articles 14 and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, all repairs and replacements needed to maintain in good condition and order the Premises and all installations, equipment and facilities therein, and all repairs and replacements needed to any plumbing, water, waste, heating, ventilating and air conditioning units (“HVAC Units”), and electric conduits, lines and equipment located outside the Premises that serve only the Premises. Without limiting the foregoing, but subject to Articles 14 and 15 and Section 10.1, Tenant shall make all repairs and replacements required with respect to the HVAC Units, electrical and plumbing systems within the Premises and any rooftop or exterior air conditioning equipment or HVAC Units serving only the Premises, any plumbing fixtures within the Premises (including sinks and toilets), and the plumbing lines, valves, and pipes connected to or running from such fixtures to the point at which such lines, valves and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premises. Tenant shall also make, at Tenant’s expense, such repairs and replacements as are needed to keep the sidewalks and walkways abutting the Premises in good condition and order, and shall keep such sidewalks and walkways [and areas behind the Building to which Tenant has access] free of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall be made in compliance with the provisions of this lease (including Article 5)properly and timely repaired, restored and replaced by Tenant.
Section 10.4 Tenant shall enter into and maintain, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, with a reputable service company, reasonably satisfactory to Landlord, for the HVAC Units serving the Premises. Tenant shall, from time to time, furnish Landlord with a copy of such service contract, within ten (10) days after request. If Tenant fails to obtain or maintain such service contract or to deliver to Landlord a copy of such contract upon request, Landlord may, at its option, enter into a service contract providing for the maintenance, repair, and servicing of the HVAC Units and bill Tenant for the charges due under such contract. Any such charges shall be paid by
Section 10.5 Subject to Section 13.4, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all damage to the Building resulting from any act or omission of Tenant, ▇▇▇▇▇▇’s subtenants, or any of Tenant’s or subtenants’ employees, agents, employees, invitees or contractors.
Section 10.6 Landlord shall have no liability to Tenant, the Rent shall not be abated, and Tenant shall not be deemed actually or constructively evicted by reason of Landlord performing any repairs or other work to all or any portion of the Premises and/or the Real Property. Landlord shall endeavor to perform such repairs or other work in a manner that reasonably minimizes interference with the conduct of ▇▇▇▇▇▇’s business in the Premises and damage to the Premises, Tenant’s Work and Tenant’s Property, but Landlord is not required to employ overtime labor or incur additional expenses.
Appears in 1 contract
Sources: Lease (Anc Rental Corp)
Repairs and Maintenance. Section 10.1 Landlord Tenant shall, at Landlord’s expense, make all structural repairs needed to the exterior walls, structural columns, structural roof, and structural floors that enclose the Premises (excluding all doors, door frames, storefronts, windows and glass); provided that Tenant gives Landlord notice of the necessity for such repairs. Notwithstanding the foregoing, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all such repair costs to structural elements that are necessitated by the negligence or misconduct of Tenant, its employees, contractors, agents, subtenants, employees, customers and invitees.
Section 10.2 If the Premises are sprinklered, Tenant shall be responsible, at Tenant’s sole own cost and expense, for maintaining, in good order maintain the structural and repair and in compliance with all Laws, those elements non-structural portions of the sprinkler system within the Premises, including the repair parking areas and replacement of the sprinkler heads vacant land areas, in good and pipes. If the Premises are not sprinklered tenantable condition consistent with a first class retail premises and a sprinkler system otherwise in the Premises is required under compliance with all applicable Laws for Tenant’s Permitted Use federal, state and local laws, rules, regulations, orders and guidelines now or manner of use of the Premiseshereafter in force, or Tenant’s Work requires the installation of a sprinkler system in the Premises, Tenant shall install such system as part of Tenant’s Work, at Tenant’s expense.
Section 10.3 Subject to Articles 14 and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, make all repairs and replacements needed to maintain in good condition and order the Premises and every part thereof as needed. Tenant’s obligations under this Section shall include, but not be limited to, modifying, repairing, replacing, installing and maintaining, as applicable, the following: items as are required by any governmental agency having jurisdiction thereof (whether the same is ordinary or extraordinary, foreseen or unforeseen); the roof, exterior walls, structural columns and structural floor or floors of the Premises in good condition; interior walls and glass; the interior portions of exterior walls; ceilings; utility meters exclusively serving the Premises (including those outside the Premises if they exclusively serve the Premises); pipes and conduits within the Premises exclusively serving the Premises; all installations, equipment pipes and facilities therein, conduits outside the Premises exclusively serving the Premises between the Premises and the service meter; all repairs and replacements needed to any plumbing, water, waste, fixtures; heating, ventilating and air conditioning units (“HVAC UnitsHVAC”), and electric conduits, lines and equipment located outside the Premises that serve only the Premises. Without limiting the foregoing, but subject to Articles 14 and 15 and Section 10.1, Tenant shall make all repairs and replacements required with respect to the HVAC Units, electrical and plumbing systems within the Premises and any rooftop or exterior air conditioning equipment or HVAC Units ) system exclusively serving only the Premises, any plumbing fixtures within the Premises (including sinks and toilets), and the plumbing lines, valves, and pipes connected to all components thereof whether located inside or running from such fixtures to the point at which such lines, valves and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to outside the Premises. Tenant shall also make, at Tenant’s expense, such repairs ); sprinkler equipment and replacements as are needed to keep the sidewalks and walkways abutting other equipment within the Premises in good condition and order, and shall keep such sidewalks and walkways [and areas behind the Building to which Tenant has access] free of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall be made in compliance with the provisions of this lease (including Article 5).
Section 10.4 Tenant shall enter into and maintain, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, with a reputable service company, reasonably satisfactory to Landlord, for the HVAC Units exclusively serving the Premises. Tenant shall, from time to time, furnish Landlord with a copy of such service contract, within ten (10) days after request. If Tenant fails to obtain or maintain such service contract or to deliver to Landlord a copy of such contract upon request, Landlord may, at its option, enter into a service contract providing for ; the maintenance, repair, storefront and servicing of the HVAC Units and bill Tenant for the charges due under such contract. Any such charges shall be paid by
Section 10.5 Subject to Section 13.4, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all damage to the Building resulting from any act or omission of Tenant, ▇▇▇▇▇▇’s subtenants, or any exterior glass; all of Tenant’s signs (both interior and exterior); locks and closing devices; all window sashes, casements or subtenants’ employeesframes, agentsdoors and door frames; and any alterations, employees, invitees additions or contractors.
Section 10.6 Landlord shall have no liability to Tenant, the Rent shall not be abated, and changes performed by or on behalf of Tenant (whether structural or non-structural); provided that Tenant shall not be deemed actually make no adjustment, alteration or constructively evicted by reason repair of Landlord performing any repairs part of any sprinkler or other work to all sprinkler alarm system in or any portion of serving the Premises and/or the Real Property. Landlord shall endeavor to perform such repairs or other work in a manner that reasonably minimizes interference with the conduct of ▇▇▇▇▇▇without Landlord’s business in the Premises and damage to the Premises, Tenant’s Work and Tenant’s Property, but Landlord is not required to employ overtime labor or incur additional expensesprior approval.
Appears in 1 contract
Sources: Absolute Net Ground Lease Agreement (Zoned Properties, Inc.)
Repairs and Maintenance. A. Except as expressly set forth in Section 10.1 Landlord 5.F below, Tenant shall, at Landlord’s its own cost and expense, make keep and maintain all structural parts of the premises in good condition, promptly making all necessary repairs needed to the exterior wallsand replacements, interior and exterior, structural columnsand non-structural, structural ordinary and extraordinary, including but not limited to, windows, glass and plate glass, doors and any special office entry, walls and finish work, floors and floor covering, roof, foundation, down- spouts, gutters, heating and structural floors that enclose the Premises (excluding all air conditioning systems, dock boards, truck doors, door framesdock bumpers, storefrontspaving, windows plumbing work and glassfixtures, termite and pest extermination, regular removal of trash and debris, regular mowing of any grass, trimming, weed removal and general landscape maintenance, including rail spur areas, keeping the parking areas, driveways, alleys and the whole of the premises in a clean and sanitary condition, and maintaining any spur track serving the premises (Tenant agrees to sign a joint maintenance agreement with the railroad company servicing the premises, if requested by the railroad company). Tenant shall at its own cost and expense repaint exterior overhead doors, canopies, entries, handrails, gutters, and other exposed parts of the building which reasonably require periodic repainting to prevent deterioration or to maintain aesthetic standards.
B. The cost of maintenance and repair of any common party wall (any wall, divider, partition or any other structure separating the premises from any adjacent premises occupied by other tenants) shall be shared equally by Tenant and the tenant occupying adjacent premises. Tenant shall not damage any party wall or disturb the integrity and support provided by any party wall and shall, as its sole cost and expense, promptly repair any damage or injury to any party wall caused by Tenant or its employees, agents or invitees.
C. In the event the premises constitute a portion of a multiple occupancy building, Tenant and its employees, customers and licensees shall have the exclusive right to use the parking areas, if any, as may be designated by Landlord in writing, subject to such reasonable rules and regulations as Landlord may from time to time prescribe, Further, in multiple occupancy buildings, Landlord reserves the right to perform the roof, paving, and landscape maintenance, exterior painting and common sewage line plumbing which are otherwise Tenant's obligations under subparagraph A above, and Tenant shall, in lieu of the obligations set forth under subparagraph A above with respect to such items, be liable for its proportionate share (as defined in subparagraph 4(B) above) of the cost and expense of the care for the grounds around the building, including but not limited so, the mowing of grass, care of shrubs, general landscaping, maintenance of parking areas, driveways and alleys, roof maintenance, exterior repainting and common sewage line plumbing; provided, however, that Landlord shall have the right to require Tenant so pay such other reasonable proportion of said mowing, shrub care and general landscaping costs as may be determined by Landlord in its sole discretion; and further provided that if Tenant gives Landlord notice or any other particular tenant of the necessity building can be clearly identified as being responsible for obstruction or stoppage of the common sanitary sewage lien then Tenant, if Tenant is responsible, or such repairsother responsible tenant, shall pay the entire cost thereof, upon demand, as additional rent. Notwithstanding Tenant shall pay when due its share, determined as aforesaid, of such costs and expenses along with the foregoingother tenants of the building to Landlord upon demand, as additional rent, for the amount of its share as aforesaid of such costs and expenses in the events Landlord elects to perform or cause to be performed such work. (See Addendum Paragraph 3)
D. In the event the premises constitute a portion of a multiple occupancy building, Landlord shall be responsible for coordinating any repairs and other maintenance of any rail tracks serving or to serve the building, and if Tenant uses such rail tracks, Tenant shall reimburse LandlordLandlord from time to time upon demand, as Additional Rentadditional rent, for a share of the costs of such repairs and maintenance and any other sums specified in any agreement to which Landlord is a party respecting such tracks, such share so be a fraction the numerator of which is the space contained in the premises, and the denominator of which is the entire space occupied by rail users in the building.
E. Tenant shall, at its own cost and expense, enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor for servicing all heating and air conditioning systems and equipment within the premises. The maintenance contractor and the contract must be approved by Landlord. The service contract must include all services suggested by the equipment manufacturer within the operation/maintenance manual and must become effective (and a copy thereof delivered to Landlord) within thirty (30) days of being billed therefor, for all such repair costs to structural elements that are necessitated by the negligence or misconduct of Tenant, its employees, contractors, agents, subtenants, employees, customers and invitees.
Section 10.2 If the Premises are sprinklered, date Tenant shall be responsible, at Tenant’s sole cost and expense, for maintaining, in good order and repair and in compliance with all Laws, those elements takes possession of the sprinkler system within the Premises, including the repair and replacement of the sprinkler heads and pipespremises. If the Premises are not sprinklered and a sprinkler system in the Premises is required under applicable Laws for Tenant’s Permitted Use or manner of use of the Premises, or Tenant’s Work requires the installation of a sprinkler system in the Premises, Tenant shall install such system as part of Tenant’s Work, at Tenant’s expense.
Section 10.3 Subject to Articles 14 and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, all repairs and replacements needed to maintain in good condition and order the Premises and all installations, equipment and facilities therein, and all repairs and replacements needed to any plumbing, water, waste, heating, ventilating and air conditioning units (“HVAC Units”See Addendum Paragraph 4), and electric conduits, lines and equipment located outside the Premises that serve only the Premises. Without limiting the foregoing, but subject to Articles 14 and 15 and Section 10.1, Tenant shall make all repairs and replacements required with respect to the HVAC Units, electrical and plumbing systems within the Premises and any rooftop or exterior air conditioning equipment or HVAC Units serving only the Premises, any plumbing fixtures within the Premises (including sinks and toilets), and the plumbing lines, valves, and pipes connected to or running from such fixtures to the point at which such lines, valves and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premises. Tenant shall also make, at Tenant’s expense, such repairs and replacements as are needed to keep the sidewalks and walkways abutting the Premises in good condition and order, and shall keep such sidewalks and walkways [and areas behind the Building to which Tenant has access] free of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall be made in compliance with the provisions of this lease (including Article 5).
Section 10.4 Tenant shall enter into and maintain, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, with a reputable service company, reasonably satisfactory to Landlord, for the HVAC Units serving the Premises. Tenant shall, from time to time, furnish Landlord with a copy of such service contract, within ten (10) days after request. If Tenant fails to obtain or maintain such service contract or to deliver to Landlord a copy of such contract upon request, Landlord may, at its option, enter into a service contract providing for the maintenance, repair, and servicing of the HVAC Units and bill Tenant for the charges due under such contract. Any such charges shall be paid by
Section 10.5 Subject to Section 13.4, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all damage to the Building resulting from any act or omission of Tenant, ▇▇▇▇▇▇’s subtenants, or any of Tenant’s or subtenants’ employees, agents, employees, invitees or contractors.
Section 10.6 Landlord shall have no liability to Tenant, the Rent shall not be abated, and Tenant shall not be deemed actually or constructively evicted by reason of Landlord performing any repairs or other work to all or any portion of the Premises and/or the Real Property. Landlord shall endeavor to perform such repairs or other work in a manner that reasonably minimizes interference with the conduct of ▇▇▇▇▇▇’s business in the Premises and damage to the Premises, Tenant’s Work and Tenant’s Property, but Landlord is not required to employ overtime labor or incur additional expenses.
Appears in 1 contract
Repairs and Maintenance. Section 10.1 18.1 Landlord shallshall repair and maintain in good condition the Common Areas, at Landlord’s expensethe Exclusive Parking Garage and the structural, make all structural repairs needed to exterior and base building portions (interior and exterior) of the Buildings, including grounds, roofing and covering materials, foundations, exterior walls, structural columnsplumbing (excluding eye wash, structural roofsafety showers, specialty gas, and structural floors that enclose laboratory services, including RODI), fire sprinkler systems (if any), heating, ventilating, air conditioning, base building management systems, elevators, and electrical systems. Provided (a) Tenant then leases and occupies all of Building 8 and Building 9, (b) the Premises applicable recurring maintenance work is completely within Building 8 and/or Building 9 and (excluding all doors, door frames, storefronts, windows and glass); provided that Tenant gives Landlord notice c) the applicable recurring maintenance work does not affect any other tenant of the necessity Entire Project (even in a de minimis amount), then Tenant shall have the right to review and modify the scope of such contracted recurring maintenance work (whether such contract was entered into prior to, on or after the Execution Date), including to add additional scope (the “Tenant Reviewed Recurring Maintenance”). The review right (but not the modification right) in the immediately preceding sentence includes the right to review provisions of the applicable contract that are reasonably necessary to analyze the applicable scope of work set forth therein. If Tenant requests any modifications to the scope of the Tenant Reviewed Recurring Maintenance, Landlord shall use reasonable efforts to accommodate the same; provided, however, that any and all additional costs incurred by Landlord as a result of such modifications shall be included as part of Operating Expenses, subject to the CAM Pools. Notwithstanding anything to the contrary in this Lease, Landlord shall have no responsibility to maintain or repair any vivarium(s) or data center(s) (or any equipment or systems that solely service such areas). Tenant shall have sole responsibility to maintain and repair the vivarium(s) and data center(s) (and any equipment and systems that solely service such areas). Landlord shall maintain the Common Areas in accordance with its property maintenance protocols as established from time to time in accordance with Landlord’s reasonable determinations of appropriate property maintenance protocols. Upon Tenant’s request, Landlord shall explain such protocols and consider Tenant’s comments. Any actual out-of-pocket costs related to the repair or maintenance activities specified in this Section 18.1 shall be included as a part of Operating Expenses subject to the CAM Pools, except Tenant shall pay for such repairsrepairs and maintenance to the extent that such repairs and maintenance are: (i) required in whole or in part because of any act, neglect, fault or omissions of Tenant (where there is a duty to act), its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the cost of such repairs and maintenance; and (ii) not paid out of insurance proceeds. Notwithstanding the foregoingLandlord shall perform all work and have its contractors perform all work in accordance with Applicable Laws.
18.2 Except for services of Landlord, if any, required by Section 18.1 and elsewhere in this Lease, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all such repair costs to structural elements that are necessitated by the negligence or misconduct of Tenant, its employees, contractors, agents, subtenants, employees, customers and invitees.
Section 10.2 If the Premises are sprinklered, Tenant shall be responsible, at Tenant’s sole cost and expense, for maintaining, in good order expense maintain and repair and in compliance with all Laws, those elements of the sprinkler system within the Premises, including the repair and replacement of the sprinkler heads and pipes. If keep the Premises are not sprinklered and a sprinkler system in the Premises is required under applicable Laws for Tenant’s Permitted Use or manner of use of the Premises, or Tenant’s Work requires the installation of a sprinkler system in the Premises, Tenant shall install such system as every part of Tenant’s Work, at Tenant’s expense.
Section 10.3 Subject to Articles 14 and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, all repairs and replacements needed to maintain thereof in good condition and order the Premises repair, damage thereto from ordinary wear and all installationstear, equipment insured casualty and facilities therein, and all repairs and replacements needed to any plumbing, water, waste, heating, ventilating and air conditioning units (“HVAC Units”), and electric conduits, lines and equipment located outside the Premises that serve only the Premises. Without limiting the foregoing, but subject to Articles 14 and 15 and Section 10.1, Tenant shall make all repairs and replacements required with respect to the HVAC Units, electrical and plumbing systems within the Premises and any rooftop or exterior air conditioning equipment or HVAC Units serving only the Premises, any plumbing fixtures within the Premises (including sinks and toilets), and the plumbing lines, valves, and pipes connected to or running from such fixtures to the point at which such lines, valves and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premises. Tenant shall also make, at Tenant’s expense, such repairs and replacements as are needed to keep the sidewalks and walkways abutting the Premises in good condition and order, and shall keep such sidewalks and walkways [and areas behind the Building to which Tenant has access] free of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall be made in compliance with the provisions of this lease (including Article 5).
Section 10.4 Tenant shall enter into and maintain, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, with a reputable service company, reasonably satisfactory to Landlord, for the HVAC Units serving the Premisespermitted alterations excepted. Tenant shall, from time to timeupon the expiration or sooner termination of the Term, furnish Landlord with a copy of such service contract, within ten (10) days after request. If Tenant fails to obtain or maintain such service contract or to deliver surrender the Premises to Landlord in as good of a copy of such contract upon requestcondition as when received, Landlord may, at its option, enter into a service contract providing for the maintenance, repair, ordinary wear and servicing of the HVAC Units tear and bill Tenant for the charges due under such contractinsured casualty excepted. Any such charges shall be paid by
Section 10.5 Subject to Section 13.4, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all damage to the Building resulting from any act or omission of Tenant, ▇▇▇▇▇▇’s subtenants, or any of Tenant’s or subtenants’ employees, agents, employees, invitees or contractors.
Section 10.6 Landlord shall have no liability obligation to Tenantalter, remodel, improve, repair, decorate or paint the Rent Premises or any part thereof, other than pursuant to the terms and provisions of the Landlord Work Letter and this Lease.
18.3 Landlord shall not be abated, and Tenant shall not be deemed actually or constructively evicted by reason of Landlord performing liable for any failure to make any repairs or other work to all or perform any portion maintenance that is an obligation of Landlord unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the Premises and/or need of such repairs or maintenance. Subject to the Real Propertyterms of this Lease, Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. Notwithstanding the foregoing, if Landlord shall endeavor fails to make any necessary repair in any Building of which Tenant is the sole tenant (other than completion of any Punchlist Item or repair of any Defect in the Landlord Work, which is governed by Section 4.6), that is Landlord’s obligation under this Lease within fifteen (15) days after Tenant has reported to Landlord the need for such repair and does not remedy such failure within five (5) business days after further written notice from Tenant, referring to this Section and Tenant’s right to perform such repairs or other work in a manner that reasonably minimizes interference with repair under this Section (the conduct of ▇▇▇▇▇▇’s business in “Repair Self-Help Work”), then Tenant may perform the Premises Repair Self-Help Work, and damage the parties shall then have the same rights and obligations (subject to the Premisessame restrictions, except Tenant’s Work and Tenant’s Property, but Landlord is not required obligation to employ overtime labor give prior notices or incur additional expenses.allow the passage of any cure periods) as set forth in Section 4.6(b)
Appears in 1 contract
Repairs and Maintenance. Section 10.1 Landlord (a) Tenant shall at its own cost and expense keep, maintain and take good care of the premises and make all necessary thereto, interior and exterior, structural and not-structural, ordinary and extraordinary, and shall suffer no waste or nuisance provided, however, that the cost of maintenance and repair of any company pantry wall (any wall, divider, partition or any other structure repairing the premises from any adjacent premises occupied by other tenants) shall be shared equally by Tenant and the Tenant occupying adjacent premises. Tenant shall not damage any party wall or disturb the integrity and support provided by any part wall and shall, at Landlord’s its costs and expense, make all structural repairs needed promptly repair any damage or injury to any party wall caused by Tenant or its employees, agents or invitees. At the exterior walls, structural columns, structural roof, and structural floors that enclose the Premises (excluding all doors, door frames, storefronts, windows and glass); provided that Tenant gives Landlord notice end of the necessity for such repairs. Notwithstanding the foregoingterm of other termination of this lease, Tenant shall reimburse Landlorddeliver the premises with all improvements thereon in good repair and conditions, reasonable wear and tear only excepted.
(b) Tenant shall as Additional Rentits own cost and expense care for the grounds around the buildings on the premises, within thirty including the regular mowing of grass, care of shrubs and general landscaping, and maintenance of the parking areas, driveways, alleys and shall maintain the whole of the premises in a clean and sanitary condition.
(30c) days In the event the premises constitute a portion of being billed therefor, for all such repair costs to structural elements that are necessitated by the negligence or misconduct of Tenant, multiple occupancy building. Tenant and its employees, contractorscustomers, agentsand licenses shall have the nonexclusive right to use in common with the other parties occupying said building, subtenantsthe parking areas, employeesdriveways and alley in concurrence with the other parties, customers the parking areas, driveways and invitees.
Section 10.2 If the Premises are sprinkleredalleys adjacent to said building, subject to such reasonable rules and regulations as Landlord may from time to time prescribe and Tenant shall be responsible, at Tenant’s sole cost and expense, for maintaining, in good order and repair and in compliance with all Laws, those elements lieu of the sprinkler system within obligations set forth under subparagraph (b) above, be liable for its proportional share of the Premisescosts and expense of the care for the grounds around the said building, including but not limited to the repair and replacement mowing of the sprinkler heads and pipes. If the Premises are not sprinklered and a sprinkler system in the Premises is required under applicable Laws for Tenant’s Permitted Use or manner grass, care of use of the Premisesshrubs, or Tenant’s Work requires the installation of a sprinkler system in the Premises, Tenant shall install such system as part of Tenant’s Work, at Tenant’s expense.
Section 10.3 Subject to Articles 14 and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, all repairs and replacements needed to maintain in good condition and order the Premises and all installations, equipment and facilities thereingeneral landscaping, and all repairs maintenance of parking ares, driveways and replacements needed to any plumbing, water, waste, heating, ventilating and air conditioning units (“HVAC Units”), and electric conduits, lines and equipment located outside the Premises that serve only the Premises. Without limiting the foregoing, but subject to Articles 14 and 15 and Section 10.1, Tenant shall make all repairs and replacements required with respect to the HVAC Units, electrical and plumbing systems within the Premises and any rooftop or exterior air conditioning equipment or HVAC Units serving only the Premises, any plumbing fixtures within the Premises (including sinks and toilets), and the plumbing lines, valves, and pipes connected to or running from such fixtures to the point at which such lines, valves and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premisesalleys. Tenant shall also makeas Landlord's option either (i) pay when dues is proportionate share of such costs and expenses along with the other tenants of the building directly to the persons performing such work, at Tenant’s expenseor (ii) reimburse Landlord upon demand for the amount of its proportionate share of such costs and expenses in the event Landlord elects to perform or cause to be performed such work.
(d) In the event the premises constitute a portion of multiple occupancy building, such Landlord shall be responsible for coordinating any repairs and replacements as are needed to keep the sidewalks and walkways abutting the Premises in good condition and order, and shall keep such sidewalks and walkways [and areas behind the Building to which Tenant has access] free other maintenance of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall be made in compliance with the provisions of this lease (including Article 5).
Section 10.4 Tenant shall enter into and maintain, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, with a reputable service company, reasonably satisfactory to Landlord, for the HVAC Units any rail tracks serving the Premises. Tenant shall, from time to time, furnish Landlord with a copy of such service contract, within ten (10) days after request. If Tenant fails to obtain or maintain such service contract or to deliver to Landlord a copy of such contract upon request, Landlord may, at its option, enter into a service contract providing for serve the maintenance, repair, and servicing of the HVAC Units and bill Tenant for the charges due under such contract. Any such charges shall be paid by
Section 10.5 Subject to Section 13.4, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all damage to the Building resulting from any act or omission of Tenant, ▇▇▇▇▇▇’s subtenants, or any of Tenant’s or subtenants’ employees, agents, employees, invitees or contractors.
Section 10.6 Landlord shall have no liability to Tenant, the Rent shall not be abatedbuilding, and Tenant shall reimburse Landlord for Tenant's proportionate share of the costs of such repairs and maintenance and any other sums specified in any agreement to which Landlord is a party respecting such tracks.
(e) In the event Tenant shall fail to maintain the demised premises or any paving, landscaping or railroad siding in accordance with this paragraph 6. Landlord shall have the right (but not be deemed actually or constructively evicted by reason of Landlord performing any the obligation) to cause all repairs or other work maintenance to all or any portion of be made and the Premises and/or the Real Property. reasonable costs therefor expended by Landlord shall endeavor to perform such repairs or other work in a manner that reasonably minimizes interference with the conduct of ▇▇▇▇▇▇’s business in the Premises and damage to the Premises, Tenant’s Work and Tenant’s Property, but Landlord is not required to employ overtime labor or incur additional expensesbe paid by Tenant on written demand.
Appears in 1 contract
Repairs and Maintenance. Section 10.1 Landlord shall, at Landlord’s expense, make all structural repairs needed to the exterior walls, structural columns, structural roof, and structural floors that enclose the Premises (excluding all doors, door frames, storefronts, windows and glass); provided that Tenant gives Landlord notice of the necessity for such repairs. Notwithstanding the foregoing, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all such repair costs to structural elements that are necessitated by the negligence or misconduct of Tenant, its employees, contractors, agents, subtenants, employees, customers and invitees.
Section 10.2 If the Premises are sprinklered, Tenant shall be responsible, at Tenant’s sole cost and expense, be responsible for maintaining, in good order and repair and in compliance with all Laws, those elements the maintenance of the sprinkler complete roofing system within the Premises(including repair of leaks), building structure, including the repair but not limited to extension walls, load bearing columns, foundation and replacement floor slab. In addition, Landlord shall be directly responsible for maintenance of the sprinkler heads exterior grounds including without limitation, landscaping and pipessnow removal. If the Premises are not sprinklered and a sprinkler system in the Premises is required under applicable Laws for Tenant’s Permitted Use or manner of use of the Premises, or Tenant’s Work requires the installation of a sprinkler system in the PremisesNotwithstanding such obligation, Tenant shall install such system as part of Tenant’s Work, at Tenant’s expense.
Section 10.3 Subject to Articles 14 and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, all repairs and replacements needed to maintain in good condition and order the Premises and all installations, equipment and facilities therein, and all repairs and replacements needed to be solely responsible for repairing any plumbing, water, waste, heating, ventilating and air conditioning units (“HVAC Units”), and electric conduits, lines and equipment located outside the Premises that serve only the Premises. Without limiting the foregoing, but subject to Articles 14 and 15 and Section 10.1, Tenant shall make all repairs and replacements required with respect to the HVAC Units, electrical and plumbing systems within the Premises and any rooftop or exterior air conditioning equipment or HVAC Units serving only the Premises, any plumbing fixtures within the Premises (including sinks and toilets), and the plumbing lines, valves, and pipes connected to or running from such fixtures to the point at which such lines, valves and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premises. Tenant shall also make, at Tenant’s expense, such repairs and replacements as are needed to keep the sidewalks and walkways abutting the Premises in good condition and order, and shall keep such sidewalks and walkways [and areas behind the Building to which Tenant has access] free of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall be made in compliance with the provisions of this lease (including Article 5).
Section 10.4 Tenant shall enter into and maintain, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, with a reputable service company, reasonably satisfactory to Landlord, for the HVAC Units serving the Premises. Tenant shall, from time to time, furnish Landlord with a copy of such service contract, within ten (10) days after request. If Tenant fails to obtain or maintain such service contract or to deliver to Landlord a copy of such contract upon request, Landlord may, at its option, enter into a service contract providing for the maintenance, repair, and servicing of the HVAC Units and bill Tenant for the charges due under such contract. Any such charges shall be paid by
Section 10.5 Subject to Section 13.4, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all damage to the Building resulting from Premises which is caused by any negligent act or intentional act or omission of Tenant, ▇▇▇▇▇▇’s subtenants, or any of Tenant’s or subtenants’ employees, agents, employees, invitees or contractors.
Section 10.6 invitees. Except for those obligations specifically set forth as Landlord shall have no liability to Tenantobligations in this Section, the Rent shall not be abated, and Tenant shall not be deemed actually or constructively evicted by reason of Landlord performing any repairs or other work to all or any portion responsible for and shall take good care of the Premises and/or and the Real Property. Landlord shall endeavor to perform such repairs or other work in a manner that reasonably minimizes interference with the conduct of ▇▇▇▇▇▇’s business fixtures in the Premises and damage to shall keep the Premises in good order, condition, and repair at the Tenant's expense during the Term, including the replacement of all interior broken glass broken by the Tenant with glass of the same size and quality. Tenant’s obligation shall include the routine maintenance of HVAC and other mechanical systems serving the Premises, the interior surface of exterior walls, windows, doors, or plate glass. Tenant’s Work HVAC maintenance shall be limited to routine maintenance, filter replacement, and Tenantannual service inspections only. Any capital replacement (including replacement of an HVAC system) shall be the Landlord’s Propertyresponsibility. If the Tenant does not make necessary repairs within a reasonable time and adequately, the Landlord may, but need not, make such repairs and the Tenant shall promptly pay the Landlord is not required to employ overtime labor or incur for the cost thereof as additional expenses.rent. On the
Appears in 1 contract
Sources: Office Lease Agreement
Repairs and Maintenance. Section 10.1 18.1 Landlord shall, at Landlord’s expense, make all structural repairs needed to throughout the exterior walls, structural columns, structural roof, and structural floors that enclose the Premises (excluding all doors, door frames, storefronts, windows and glass); provided that Tenant gives Landlord notice term of the necessity for such repairs. Notwithstanding the foregoing, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all such repair costs to structural elements that are necessitated by the negligence or misconduct of Tenant, its employees, contractors, agents, subtenants, employees, customers and invitees.
Section 10.2 If the Premises are sprinklered, Tenant shall be responsiblethis Lease, at Tenant’s sole its own cost and expense, for maintainingand without any cost or expense to Tenant, in good order keep and repair and in compliance with all Laws, those elements of the sprinkler system within the Premises, including the repair and replacement of the sprinkler heads and pipes. If the Premises are not sprinklered and a sprinkler system in the Premises is required under applicable Laws for Tenant’s Permitted Use or manner of use of the Premises, or Tenant’s Work requires the installation of a sprinkler system in the Premises, Tenant shall install such system as part of Tenant’s Work, at Tenant’s expense.
Section 10.3 Subject to Articles 14 and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, all repairs and replacements needed to maintain in good condition and order repair the structural components of the footings, foundation, bottom floor slab, and load bearing walls of the Premises, subject to wear and tear consistent with commercially reasonable maintenance and repair standards applicable to comparable buildings. In addition, Landlord shall, at its own cost and expense, and without any cost or expense to Tenant, promptly repair any patent or latent defects in the design, materials or construction of the work required of Landlord to the extent of Landlord’s warranties in Section 14.2.
18.2 Except as otherwise set forth in Section 7.2(n) and 18.1, Landlord shall, throughout the term of this Lease, subject to reimbursement by Tenant as Operating Expenses under
Section 7.1 and without any cost or expense to Landlord, keep and maintain in good, sanitary and neat order, condition, and repair, the Premises and every part thereof (subject to wear and tear consistent with commercially reasonable maintenance and repair standards applicable to comparable buildings), including structural and capital improvements, all installationsimprovements, fixtures, equipment and facilities thereinpersonal property built or installed in the Premises, and all repairs and replacements needed appurtenances thereto, including but not limited to any plumbingsidewalks, parking areas, curbs, roads, driveways, lighting standards, landscaping, sewers, water, wastegas and electrical distribution systems and facilities, heating, ventilating and air conditioning units (“HVAC Units”)drainage facilities, and electric conduitsall signs, lines both illuminated and equipment located outside the Premises non-illuminated that serve only are now or hereafter on the Premises. Without in any way limiting the foregoing, but subject to Articles 14 and 15 and Section 10.1, Tenant Landlord shall make all repairs and replacements required with respect to maintain the HVAC Units, electrical and plumbing systems within lines designating the Premises and any rooftop or exterior air conditioning equipment or HVAC Units serving only the Premises, any plumbing fixtures within the Premises (including sinks and toilets), and the plumbing lines, valves, and pipes connected to or running from such fixtures to the point at which such lines, valves and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premises. Tenant shall also make, at Tenant’s expense, such repairs and replacements as are needed to keep the sidewalks and walkways abutting the Premises parking spaces in good condition and orderpaint the same as often as may be necessary, so that they are easily discernable at all times; resurface the parking areas as necessary to maintain it in good condition; paint any exterior portions of the Building as necessary to maintain them in good condition; and maintain the roof in good condition.
18.3 Tenant shall maintain sightly screens, barricades or enclosures around any waste or storage areas.
18.4 Tenant hereby waives Civil Code Sections 1941 and 1942 relating to a landlord’s duty to maintain the Premises in a tenantable condition, and shall keep such sidewalks and walkways [and areas behind the Building under said sections or under any law, statute or ordinance now or hereafter in effect to which Tenant has access] free of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such make repairs and replacements shall be made in compliance with the provisions of this lease (including Article 5).
Section 10.4 Tenant shall enter into and maintain, at TenantLandlord’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, with a reputable service company, reasonably satisfactory to Landlord, for the HVAC Units serving the Premises. Tenant shall, from time to time, furnish Landlord with a copy of such service contract, within ten (10) days after request. If Tenant fails to obtain or maintain such service contract or to deliver to Landlord a copy of such contract upon request, Landlord may, at its option, enter into a service contract providing for the maintenance, repair, and servicing of the HVAC Units and bill Tenant for the charges due under such contract. Any such charges shall be paid by
Section 10.5 Subject to Section 13.4, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all damage to the Building resulting from any act or omission of Tenant, ▇▇▇▇▇▇’s subtenants, or any of Tenant’s or subtenants’ employees, agents, employees, invitees or contractors.
Section 10.6 Landlord shall have no liability to Tenant, the Rent shall not be abated, and Tenant shall not be deemed actually or constructively evicted by reason of Landlord performing any repairs or other work to all or any portion of the Premises and/or the Real Property. Landlord shall endeavor to perform such repairs or other work in a manner that reasonably minimizes interference with the conduct of ▇▇▇▇▇▇’s business in the Premises and damage to the Premises, Tenant’s Work and Tenant’s Property, but Landlord is not required to employ overtime labor or incur additional expenses.
Appears in 1 contract
Sources: Sublease (Salmedix Inc)
Repairs and Maintenance. Section 10.1 Landlord shallAt all times, at Landlord’s expenseSubtenant shall keep the Premises, make Parking, and Building in a neat, clean, and sanitary condition, keep the glass of all structural repairs needed to windows and doors clean and presentable, and keep the exterior Building in a good state of repair. Subtenant will maintain and repair the walls, structural columns, structural roof, and other structural floors that enclose components and building systems of the Premises (excluding Building and will be responsible for repair and maintenance of the interior portion of the Building and all painting, exposed electrical, plumbing and other utility systems, doors, door framesglass and all of Subtenant’s personal property. Subtenant shall keep in good order, storefrontscondition, windows and glass); repair all heating and air conditioning equipment (“HVAC”) for the Building and shall pay all costs and expenses with respect to the repair, replacement and maintenance of HVAC for the Building. Subtenant shall also reasonably maintain, operate and repair the utility systems within the Building, including the cost of connection to the utility distribution systems. Subtenant shall maintain the Premises, Parking, and Building in such a way that it complies with relevant local law as it relates to the removal of snow and ice. This Sublease is intended and shall be construed to be a “triple net lease” and, except as may be specifically provided that Tenant gives Landlord notice in this Sublease, Subtenant assumes all responsibilities, duties, obligations, costs or expenses of any nature or any kind whatsoever, with respect to the operation, management, maintenance, repair, improvement, use or occupancy of the necessity for such repairsPremises. Notwithstanding the foregoing, Tenant in the absence of an agreement with the Sublandlord to contribute its pro rata share or amortized costs based on the Internal Revenue Service’s stated useful life of the applicable assets against the remaining Initial Term or Extended Term of the Sublease, Subtenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all such not be obligated to replace or incur significant repair costs to structural elements that are necessitated the walls, roof, electric, plumbing, utility, and HVAC systems (Major System(s)) within three (3) years of the expiration of the Term of the Sublease, except as is necessary to prevent an abandonment determination by the negligence or misconduct City of Tenant, its employees, contractors, agents, subtenants, employees, customers Glendale and invitees.
as provided in Section 10.2 If the Premises are sprinklered, Tenant shall be responsible, at Tenant’s sole cost and expense, for maintaining, in good order and repair and in compliance with all Laws, those elements of the sprinkler system within the Premises, including the repair and replacement of the sprinkler heads and pipes. If the Premises are not sprinklered and a sprinkler system in the Premises is required under applicable Laws for Tenant’s Permitted Use or manner of use of the Premises37.20, or Tenant’s Work requires the installation of a sprinkler system in the Premises, Tenant shall install such system as part of Tenant’s Work, at Tenant’s expense.
Section 10.3 Subject to Articles 14 and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, all repairs and replacements needed to maintain in good condition and order the Premises and all installations, equipment and facilities therein, and all repairs and replacements needed to any plumbing, water, waste, heating, ventilating and air conditioning units (“HVAC Units”), and electric conduits, lines and equipment located outside the Premises that serve only the Premises. Without limiting the foregoing, but subject to Articles 14 and 15 and Section 10.1, Tenant shall make all repairs and replacements required with respect to the HVAC Units, electrical and plumbing systems within the Premises and any rooftop or exterior air conditioning equipment or HVAC Units serving only the Premises, any plumbing fixtures within the Premises (including sinks and toilets), and the plumbing lines, valves, and pipes connected to or running from such fixtures to the point at which such lines, valves and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premises. Tenant shall also make, at Tenant’s expense, such repairs and replacements as are needed to keep the sidewalks and walkways abutting the Premises in good condition and order, and shall keep such sidewalks and walkways [and areas behind the Building sufficient to which Tenant has access] free of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall be made in compliance with the provisions of this lease (including Article 5).
Section 10.4 Tenant shall enter into and maintain, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, with a reputable service company, reasonably satisfactory to Landlord, provide for the HVAC Units serving continuous operation of Subtenant’s then-existing business, if any; provided, however, this provision only applies when accompanied by a notice of Subtenant of intent not to extend the Premises. Tenant shall, from time to time, furnish Landlord with a copy of such service contract, within ten (10) days after request. If Tenant fails to obtain or maintain such service contract or to deliver to Landlord a copy of such contract upon request, Landlord may, at its option, enter into a service contract providing for Sublease beyond the maintenance, repair, and servicing of the HVAC Units and bill Tenant for the charges due under such contract. Any such charges shall be paid by
Section 10.5 Subject to Section 13.4, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all damage to the Building resulting from any act or omission of Tenant, ▇▇▇▇▇▇’s subtenants, Initial Term or any of Tenant’s or subtenants’ employees, agents, employees, invitees or contractorsExtended Term.
Section 10.6 Landlord shall have no liability to Tenant, the Rent shall not be abated, and Tenant shall not be deemed actually or constructively evicted by reason of Landlord performing any repairs or other work to all or any portion of the Premises and/or the Real Property. Landlord shall endeavor to perform such repairs or other work in a manner that reasonably minimizes interference with the conduct of ▇▇▇▇▇▇’s business in the Premises and damage to the Premises, Tenant’s Work and Tenant’s Property, but Landlord is not required to employ overtime labor or incur additional expenses.
Appears in 1 contract
Sources: Asset Purchase Agreement (Medicine Man Technologies, Inc.)
Repairs and Maintenance. Section 10.1 Landlord shall, at Landlord’s expense, make all structural repairs needed Premises will be inspected and accepted by Lessee prior to the exterior walls, structural columns, structural roof, and structural floors that enclose the Premises (excluding all doors, door frames, storefronts, windows and glass); provided that Tenant gives Landlord notice of the necessity for such repairs. Notwithstanding the foregoing, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all such repair costs to structural elements that are necessitated occupancy by the negligence or misconduct of Tenant, its employees, contractors, agents, subtenants, employees, customers and invitees.
Section 10.2 If the Premises are sprinklered, Tenant shall be responsible, at Tenant’s sole cost and expense, for maintaining, in good order and repair and in compliance with all Laws, those elements of the sprinkler system within the Premises, including the repair and replacement of the sprinkler heads and pipes. If the Premises are not sprinklered and a sprinkler system in the Premises is required under applicable Laws for Tenant’s Permitted Use or manner of use of the Premises, or Tenant’s Work requires the installation of a sprinkler system in the Premises, Tenant shall install such system as part of Tenant’s Work, at Tenant’s expense.
Section 10.3 Subject to Articles 14 and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, all repairs and replacements needed to maintain in good condition and order the Premises and all installations, equipment and facilities therein, and all repairs and replacements needed to any plumbing, water, waste, heating, ventilating and air conditioning units (“HVAC Units”), and electric conduits, lines and equipment located outside the Premises that serve only the Premises. Without limiting the foregoing, but subject to Articles 14 and 15 and Section 10.1, Tenant shall make all repairs and replacements required with respect to the HVAC Units, electrical and plumbing systems within the Premises and any rooftop or exterior air conditioning equipment or HVAC Units serving only the Premises, any plumbing fixtures within the Premises (including sinks and toilets), and the plumbing lines, valves, and pipes connected to or running from such fixtures to the point at which such lines, valves and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premises. Tenant shall also make, at Tenant’s expense, such repairs and replacements as are needed to keep the sidewalks and walkways abutting the Premises in good condition and order, and shall keep such sidewalks and walkways [and areas behind the Building to which Tenant has access] free of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall be made in compliance with the provisions of this lease (including Article 5).
Section 10.4 Tenant shall enter into and maintain, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, with a reputable service company, reasonably satisfactory to Landlord, for the HVAC Units serving the Premises. Tenant shall, from time to time, furnish Landlord with a copy of such service contract, within ten (10) days after request. If Tenant fails to obtain or maintain such service contract or to deliver to Landlord a copy of such contract upon request, Landlord may, at its option, enter into a service contract providing for the maintenance, repair, and servicing of the HVAC Units and bill Tenant for the charges due under such contract. Any such charges shall be paid by
Section 10.5 Subject to Section 13.4, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all damage to the Building resulting from any act or omission of Tenant, ▇▇▇▇▇▇. The Lessee shall be solely responsible for all costs associated with customization, construction and build-out of the leased space, including but not limited to materials, labor, permits and contractor expenses. Lessee shall provide its own janitorial services at its own expense and shall at all times keep the premises neat, clean and in a sanitary condition, and keep and use the premises in accordance with applicable laws, ordinances, rules, regulations and requirements of governmental authorities. Lessee shall permit no waste, damage or injury to the premises; Lessor shall maintain and repair the building and building common area, including the doors, windows and unfinished interior surfaces, and all electrical, plumbing, heating and air conditioning roof top unit of the building installed prior to execution of lease and shall additionally maintain and repair the exterior walls and roof thereof at lessor’s subtenantsexpense to be reimbursed as a common area maintenance charge, except for any maintenance repair that is necessitated by the lessee’s or any other lessee’s negligence, which lessee or such other lessee as applicable shall repair or pay the cost of Tenantrepair. Replacement of roof, heating and air conditioning roof top unit or repairs to structural portions of the building shall be at Lessor’s expense unless such damage is due to the lessee’s negligence, which lessee or subtenants’ employeessuch other lessee as applicable shall repair or pay the cost of repair. In addition, agentsLessor shall maintain the building entrance and the common areas, employees, invitees or contractors.
Section 10.6 Landlord shall have no liability to Tenantincluding illuminating the same, the Rent shall not cost of which is to be abated, and Tenant shall not be deemed actually or constructively evicted by reason of Landlord performing any repairs or other work to all or any portion of the Premises and/or the Real Property. Landlord shall endeavor to perform such repairs or other work in reimbursed as a manner that reasonably minimizes interference with the conduct of ▇▇▇▇▇▇’s business in the Premises and damage to the Premises, Tenant’s Work and Tenant’s Property, but Landlord is not required to employ overtime labor or incur additional expensescommon area maintenance charge.
Appears in 1 contract
Sources: Lease Agreement
Repairs and Maintenance. Section 10.1 (a) Landlord shall maintain, repair and replace only the roof, downspouts, gutters, foundation, utility lines located outside the Premises, dock boards, truck doors, dock bumpers, parking lots and sidewalks on the Land, and the structural soundness of the exterior walls of the Building in good repair, reasonable wear and tear excepted. Tenant shall repair, replace and pay for, any damage to the foregoing caused by the negligence of Tenant or Tenant’s employees, agents or invitees, or caused by Tenant’s default hereunder. The term “walls” as used herein shall not include interior windows, glass or plate glass, doors, special interior store fronts or office entries. Tenant shall immediately give Landlord written notice of defect or need for repairs, after which Landlord shall have reasonable opportunity to repair same or cure such defect. Landlord’s liability with respect to any defects, repairs or maintenance for which Landlord is responsible under any of the provisions of this Lease shall be limited to the cost of such repairs or maintenance or the curing of such defect.
(b) Tenant shall at its own cost and expense maintain, repair and replace all parts of the Premises (except those for which Landlord is expressly responsible under the terms of this Lease) in good condition in accordance with the standards for laboratory buildings in the Research Triangle Park, North Carolina area of similar research usage, utility, size, age, construction, finishes, and upfit as reasonably determined by Landlord, promptly making all necessary repairs and replacements, including, but not limited to, all Building systems, including, but not limited to, heating, ventilation, air conditioning, mechanical, plumbing and electrical, and vacuum, air pressure, DI water, gas manifolds, gas storage, gas pipes, hazardous waste disposal, elevators, windows, glass and plate glass, doors, any special office entry, interior walls, finish work, and floors and floor coverings, and Tenant shall conduct all general maintenance, including, bolt repair and light fixtures, normal wear and tear excepted. Tenant shall not be obligated to repair any damage covered by the insurance to be maintained by Landlord pursuant to subparagraph 10(a) below, unless due to the acts or omissions of Tenant, its agents, employees, or independent contractors.
(c) If either party hereto shall fail to fulfill its obligations under this paragraph, the other party hereto may enter upon the area of the Building or the Premises as required to conduct the obligations of the defaulting party, and shall be entitled to reimbursement from the defaulting party for its actual costs and expenses in conducting such obligations. The defaulting party shall reimburse the other party hereto for its actual costs and expense promptly upon demand made by the other party hereto. The provisions of this subparagraph shall not be interpreted to obligate either party hereto to conduct obligations of the other party hereto.
(d) Tenant shall conduct periodic maintenance of all hot water, heating and air conditioning systems and units in the Premises, remove and replace filters therein. In addition, Tenant shall bear responsibility to ensure the provision of daily janitorial service and removal of trash and debris from the Premises. Tenant shall enter into contracts providing for the periodic maintenance, repair, and replacement of all Building systems, for periodic pest and insect extermination, and for daily janitorial service and removal of trash and debris from the Premises and deposit of trash in exterior containers located by Landlord on the Land; provided, however, Tenant shall bear sole responsibility for the removal of hazardous, or toxic substances, or medical wastes from the Premises and to the appropriate site as required under applicable laws, statutes, and ordinances. A copy of all of the aforesaid contracts entered into by Tenant shall be provided to Landlord on or prior to the Commencement Date.
(e) Tenant shall not damage any demising wall of the Building, or disturb the integrity and support provided by any demising wall and shall, at Landlord’s its sole cost and expense, make all structural repairs needed promptly repair any damage or injury to any demising wall caused by Tenant or its employees, agents or invitees.
(f) Tenant and its employees, customers and licensees shall have the non- exclusive right to use the parking areas on the Land as may be designated by Landlord in writing, subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Tenant shall not park on streets, rights of ways, driveways, or roadways adjacent to the exterior wallsBuilding or the Land, structural columnsnor allow its employees, structural roofagents, invitees, or licensees to do so. No vehicles other than passenger vehicles shall be parking on the Land, without the prior written consent of the Landlord. Any vehicles, including, tractors, trailers, or tractor trailers parked at the Building in violation of any provision of this Lease, or abandoned on the Land, as reasonably determined by Landlord, are subject to removal by Landlord, at the cost and expense of Tenant, and structural floors that enclose Tenant shall indemnify, defend, and hold harmless Landlord of and from all loss, cost and expense incurred by Landlord in the Premises (excluding all doors, door frames, storefronts, windows and glass); provided that Tenant gives Landlord notice enforcement of the necessity for such repairsprovisions of this Section. Notwithstanding Tenant shall be considerate of the foregoingparking needs of other tenants of the Building, and shall not violate the rights of other tenants of the Building. So long as Tenant shall continue to lease at least 61,380 rentable square feet, Tenant shall reimburse Landlordhave the non-exclusive use of 172 parking spaces at the Building (this total includes handicapped parking spaces; provided, as Additional Renthowever, within thirty (30) days in the event any improvements, or equipment located by Tenant on the Land consume any portion of being billed thereforthe parking area located on the Land, the parking spaces affected shall be counted against the parking ratio available for all such repair costs use by Tenant at the Premises. Landlord shall act reasonably to structural elements enforce Tenant’s parking rights against any third parties. Landlord may require, at its option, in its sole discretion, that are necessitated by the negligence or misconduct of Tenant, its employees, contractors, agents, subtenants, employees, customers and invitees.
Section 10.2 If the Premises are sprinklered, Tenant shall be responsible, at Tenant’s sole cost and expense, for maintaining, in good order and repair and in compliance with all Laws, those elements of the sprinkler system within the Premises, including the repair and replacement of the sprinkler heads and pipes. If the Premises are not sprinklered and a sprinkler system in the Premises is required under applicable Laws for Tenant’s Permitted Use or manner of use of the Premises, or Tenant’s Work requires the installation of a sprinkler system in the Premises, Tenant shall install such system as part of Tenant’s Work, at Tenant’s expense.
Section 10.3 Subject to Articles 14 and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, all repairs and replacements needed to maintain in good condition and order the Premises and all installations, equipment and facilities therein, and all repairs and replacements needed visitors use certain numbered spaces to any plumbing, water, waste, heating, ventilating and air conditioning units (“HVAC Units”), and electric conduits, lines and equipment located outside the Premises that serve only the Premises. Without limiting the foregoing, but subject to Articles 14 and 15 and Section 10.1, Tenant shall make all repairs and replacements required with respect to the HVAC Units, electrical and plumbing systems within the Premises and any rooftop or exterior air conditioning equipment or HVAC Units serving only the Premises, any plumbing fixtures within the Premises (including sinks and toilets), and the plumbing lines, valves, and pipes connected to or running from such fixtures to the point at which such lines, valves and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premises. Tenant shall also make, at Tenant’s expense, such repairs and replacements as are needed to keep the sidewalks and walkways abutting the Premises in good condition and order, and shall keep such sidewalks and walkways [and areas behind the Building to which Tenant has access] free of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall be made in compliance with the provisions of this lease (including Article 5)designated by Landlord.
Section 10.4 Tenant shall enter into and maintain, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, with a reputable service company, reasonably satisfactory to Landlord, for the HVAC Units serving the Premises. Tenant shall, from time to time, furnish Landlord with a copy of such service contract, within ten (10) days after request. If Tenant fails to obtain or maintain such service contract or to deliver to Landlord a copy of such contract upon request, Landlord may, at its option, enter into a service contract providing for the maintenance, repair, and servicing of the HVAC Units and bill Tenant for the charges due under such contract. Any such charges shall be paid by
Section 10.5 Subject to Section 13.4, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all damage to the Building resulting from any act or omission of Tenant, ▇▇▇▇▇▇’s subtenants, or any of Tenant’s or subtenants’ employees, agents, employees, invitees or contractors.
Section 10.6 Landlord shall have no liability to Tenant, the Rent shall not be abated, and Tenant shall not be deemed actually or constructively evicted by reason of Landlord performing any repairs or other work to all or any portion of the Premises and/or the Real Property. Landlord shall endeavor to perform such repairs or other work in a manner that reasonably minimizes interference with the conduct of ▇▇▇▇▇▇’s business in the Premises and damage to the Premises, Tenant’s Work and Tenant’s Property, but Landlord is not required to employ overtime labor or incur additional expenses.
Appears in 1 contract
Sources: Lease Agreement (Trimeris Inc)
Repairs and Maintenance. Section 10.1 Landlord 7.1 Tenant shall generally maintain and repair the Leased Premises, in a good and workmanlike manner, and shall, at Landlord’s expense, make all structural repairs needed to the exterior walls, structural columns, structural roof, and structural floors that enclose the Premises (excluding all doors, door frames, storefronts, windows and glass); provided that Tenant gives Landlord notice expiration of the necessity for such repairs. Notwithstanding term, deliver the foregoing, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all such repair costs to structural elements that are necessitated by the negligence or misconduct of Tenant, its employees, contractors, agents, subtenants, employees, customers and invitees.
Section 10.2 If the Leased Premises are sprinklered, Tenant shall be responsible, at Tenant’s sole cost and expense, for maintaining, in good order and repair condition, damages by fire or casualty, the elements and in compliance with all Lawsordinary wear and tear excepted. Tenant covenants and agrees that it shall not cause or permit any waste, those elements of damage or disfigurement to the sprinkler system within the Premises, including the repair and replacement of the sprinkler heads and pipes. If the Premises are not sprinklered and a sprinkler system in the Premises is required under applicable Laws for Tenant’s Permitted Use or manner of use of the Leased Premises, or Tenant’s Work requires any overloading of the installation of a sprinkler system in the Premises, floors. Tenant shall install such system as part of Tenant’s Work, at Tenant’s expense.
Section 10.3 Subject to Articles 14 maintain and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, all repairs and replacements needed to maintain in good condition and order the Premises and all installations, equipment and facilities therein, and all repairs and replacements needed to any plumbing, water, waste, heating, ventilating and air conditioning units (“HVAC Units”), and electric conduits, lines and equipment located outside the Premises that serve only the Premises. Without limiting the foregoing, but subject to Articles 14 and 15 and Section 10.1, Tenant shall make all repairs and replacements required with respect to the HVAC Unitsfloor surface, plumbing and electrical systems including all ballasts and plumbing systems fluorescent fixtures located within the Premises and any rooftop or exterior air conditioning equipment or HVAC Units serving only the Leased Premises, any plumbing fixtures within the Premises (including sinks and toilets), and the plumbing linesentire HVAC system, valvesunless the repair is the result of the negligence of Landlord, its agents, contractors, employees, tenants or invitees. Landlord shall be responsible for repairs necessary to the roof, foundation, exterior and load-bearing walls and other structural elements, and pipes connected to or running from such fixtures electric, plumbing and other Building systems to the point at which such lineswhere they enter the Leased Premises, valves unless, and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premises. Tenant shall also makeextent, at the repair is necessitated by negligence of Tenant’s expense, such repairs and replacements as are needed to keep the sidewalks and walkways abutting the Premises in good condition and orderor its agents, employees or contractors, and shall keep such sidewalks and walkways [and areas behind the Building cost thereof is not covered by Landlord's insurance, or the insurance Landlord is required to which Tenant has access] free of rubbishcarry under this Lease, snow, ice and other obstructions, and otherwise in a safe and clean condition(without taking into account any deductible) whichever is greater. All such repairs Repairs and replacements shall be made in compliance with within a reasonable time after Landlord receives notice or has actual knowledge of the provisions of this lease (including Article 5)need for such repair or replacement.
Section 10.4 Tenant shall enter into and maintain, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, with a reputable service company, reasonably satisfactory to Landlord, for the HVAC Units serving the Premises. 7.2 The Tenant shall, from time at its own cost and expense, pay all utility meter and service charges, including gas and electric services used by the Tenant in the Leased Premises. Landlord shall have the option to time, furnish Landlord with a copy of such service contract, within ten (10) days after request. If Tenant fails to obtain or maintain such service contract or to deliver to Landlord a copy of such contract upon request, Landlord mayinstall, at its optionown cost, enter into a service contract providing separate water meter and invoice Tenant directly for its water usage. The Tenant agrees to maintain all leased areas at a minimum temperature of 45 degrees, excluding cold rooms on other rooms specifically designed for a lower temperature, to prevent the maintenancefreezing of domestic water and sprinkler pipes, repair, and servicing of the HVAC Units and bill Tenant for the charges due under such contract. Any such charges shall be paid by
Section 10.5 Subject to Section 13.4, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all damage to the Building resulting from any act or omission of Tenant, ▇▇▇▇▇▇’s subtenants, or any of Tenant’s or subtenants’ employees, agents, employees, invitees or contractors.
Section 10.6 Landlord shall have no liability to Tenant, the Rent shall not be abated, and provided that Tenant shall not be deemed actually responsible if gas or constructively evicted electrical service to the Building has been interrupted for a reason not caused by reason Tenant. Tenant shall not store any items outside the Leased Premises, and shall deliver its garbage and recyclables to the central receiving area on the lot. Tenant shall dispose of Landlord performing any repairs or other work to all or any portion of the Premises and/or the Real Property. hazardous/medical waste with an approved hauler at its own cost.
7.3 Landlord shall endeavor to perform such repairs or other work in a manner that reasonably minimizes interference provide the following during the term of this Lease:
(a) Continually cooperate with the conduct of ▇▇▇▇▇▇’s business in the Premises all utility companies providing water, gas and damage electrical service to the point where they enter the Leased Premises for Tenant's permitted uses; (b) Extermination and pest control when necessary; (c) 24-hour access to the Leased Premises, Tenant’s Work and Tenant’s Property, but Landlord is not required to employ overtime labor or incur additional expenses.; (
Appears in 1 contract
Sources: Lease Agreement (3 Dimensional Pharmaceuticals Inc)
Repairs and Maintenance. Section 10.1 Landlord shall(a) Tenant, at Landlord’s expense, make all structural repairs needed to the exterior walls, structural columns, structural roof, and structural floors that enclose the Premises (excluding all doors, door frames, storefronts, windows and glass); provided that Tenant gives Landlord notice of the necessity for such repairs. Notwithstanding the foregoing, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all such repair costs to structural elements that are necessitated by the negligence or misconduct of Tenant, its employees, contractors, agents, subtenants, employees, customers and invitees.
Section 10.2 If the Premises are sprinklered, Tenant shall be responsible, at Tenant’s sole cost and expense, for maintainingshall take good care of the Premises and shall keep, repair, replace and maintain the Premises in good order order, condition and repair repair, and in compliance with all Lawseach and every part thereof (including, those elements of without limitation, painting and decorating, and the sprinkler system within the Premisesrepair, including the repair maintenance and replacement of the sprinkler heads and pipes. If the Premises are not sprinklered and a sprinkler system in the Premises is required under applicable Laws for Tenant’s Permitted Use or manner of use of the Premises, or Tenant’s Work requires the installation of a sprinkler system in the Premises, Tenant shall install such system as part of Tenant’s Work, at Tenant’s expense.
Section 10.3 Subject to Articles 14 and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, all repairs and replacements needed to maintain in good condition and order the Premises and all installations, equipment and facilities therein, and all repairs and replacements needed to any plumbing, water, waste, heating, ventilating and air conditioning units or systems), except only such matters that are expressly stated herein to be within the Landlord's obligation to maintain, or, subject to the provisions of Paragraph 11 hereof, caused solely by the negligence or willful misconduct of Landlord, its contractors, employees, agents or other tenants (“HVAC Units”but only to the extent not covered by Tenant's insurance), and electric conduitsshall not cause nor permit any dirt, lines debris or rubbish to be put, placed or maintained on the sidewalks, driveways, parking lots, yards, entrances and equipment located outside curbs, in, on or adjacent to the Building. Tenant further agrees not to cause nor permit waste of or damage or nuisance to, in, or about the Premises that serve only or the Building. To the extent assignable, Landlord shall assign to Tenant all warranties applicable to the Premises, including, but not limited to, warranties of manufacturers and contractors, and any warranties with respect to equipment, fixtures, materials, service or operability with respect to anything contained in the Premises. Landlord shall assist Tenant, at Tenant's expense, in making any such warranty claims. In the event any such warranty is not assignable, Landlord shall be responsible for the materials or services covered by such warranty. Without in any way limiting the foregoingforegoing or any other provision of this lease, but subject Landlord shall be responsible for any and all latent defects at the Premises for a period of two (2) years following the Commencement Date.
(b) Landlord, upon reasonable written notice from Tenant, shall, at Landlord's sole cost and expense, make necessary structural repairs to Articles 14 the exterior walls and 15 shall keep in good order, condition and Section 10.1repair the exterior foundations, Tenant shall make downspouts, gutters and roof of the Building, excluding, however, all windows, doors, signs and all repairs required by any casualty except as otherwise provided in Paragraphs 9 and replacements required with respect 13 hereof. For the purpose of this lease, a structural repair shall be defined as any structural repair to the HVAC Unitsstructural steel, electrical footings, foundations, masonry walls, and plumbing systems within roof of the Premises and demised Premises. Any repairs, whether structural or otherwise, resulting from damage caused by any rooftop act, omission or exterior air conditioning equipment or HVAC Units serving only the Premisesnegligence of Tenant, any plumbing fixtures within subtenant or concessionaire, or their respective employees, agents, invitees, licensees or contractors shall be performed by the Premises Landlord and, except as provided in Paragraph 7 of this lease, the reasonable cost thereof, to the extent not reimbursed through the insurance maintained by Landlord, shall be paid by Tenant as additional rent.
(including sinks c) Landlord further agrees to maintain, repair and toiletskeep in good order and condition, as part of the operating expenses to be paid by Tenant as provided in Paragraph 20(a), all public or common areas surrounding the Building which are the property of the Landlord, except as otherwise herein provided, and agrees to furnish all necessary utilities to such public or common areas. The reasonable costs and expenses incurred by Landlord for maintenance, repairs, utilities, janitorial service, refuse and snow removal and security of the public or common areas shall be determined in the reasonable discretion of Landlord, to ensure the proper quality and the plumbing lines, valves, and pipes connected to or running from such fixtures to preservation of the point at which such lines, valves and pipes connect with reputation of the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premises. Tenant shall also make, at Tenant’s expense, such repairs pay its proportionate share of all reasonable costs and replacements as are needed to keep the sidewalks and walkways abutting the Premises in good condition and order, and shall keep such sidewalks and walkways [and areas behind the Building to which Tenant has access] free of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall be made in compliance with the provisions of this lease (including Article 5).
Section 10.4 Tenant shall enter into and maintain, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, with a reputable service company, reasonably satisfactory to Landlord, for the HVAC Units serving the Premises. Tenant shall, from time to time, furnish Landlord with a copy of such service contract, within ten (10) days after request. If Tenant fails to obtain or maintain such service contract or to deliver to Landlord a copy of such contract upon request, Landlord may, at its option, enter into a service contract providing for the maintenance, repair, and servicing of the HVAC Units and bill Tenant for the charges due under such contract. Any such charges shall be paid by
Section 10.5 Subject to Section 13.4, Tenant shall reimburse expenses so incurred by Landlord, as Additional RentRental, within thirty (30) days of being billed therefor, for all damage to the Building resulting from any act or omission of Tenant, ▇▇▇▇▇▇’s subtenants, or any of Tenant’s or subtenants’ employees, agents, employees, invitees or contractors.
Section 10.6 Landlord shall have no liability to Tenant, the Rent shall not be abated, and Tenant shall not be deemed actually or constructively evicted by reason of Landlord performing any repairs or other work to all or any portion of the Premises and/or the Real Property. Landlord shall endeavor to perform such repairs or other work in a manner that reasonably minimizes interference accordance with the conduct provisions of ▇▇▇▇▇▇’s business ▇▇▇ ▇▇ ▇▇▇▇▇▇.
(▇) All common areas are for the general use, in common, of all tenants of the Premises and damage to the PremisesBuilding, Tenant’s Work and Tenant’s Property, but Landlord is not required to employ overtime labor or incur additional expenses.their employees and
Appears in 1 contract
Repairs and Maintenance. Section 10.1 Landlord shall, at Landlord’s expense, make shall be responsible for all structural repairs, including repairs needed to the exterior wallsroof and load-bearing walls of the Building, structural columns, structural rooffor maintaining the parking area and sidewalks, and structural floors that enclose the Premises Common Areas (excluding all doorsas hereinafter defined) in the Building. Landlord will repair and replace any glass breakage, door frames, storefronts, windows and glass); provided that Tenant gives Landlord notice it is not the result of the necessity for such repairsTenant’s willful or negligent act. Notwithstanding the foregoing, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all such repair costs to structural elements that are necessitated by the negligence or misconduct of Tenant, its employees, contractors, agents, subtenants, employees, customers and invitees.
Section 10.2 If the Premises are sprinklered, The Tenant shall be responsible, at Tenant’s sole cost and expense, responsible for maintaining, in good order the maintenance and repair and in compliance with all Laws, those elements of the sprinkler system within the Premises, including the repair and replacement of the sprinkler heads and pipes. If the Premises are not sprinklered and a sprinkler system in the Premises is required under applicable Laws for Tenant’s Permitted Use or manner of use of the Premises, or Tenant’s Work requires the installation of a sprinkler system in the Premises, Tenant shall install such system as part of Tenant’s Work, at Tenant’s expense.
Section 10.3 Subject to Articles 14 and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, all repairs and replacements needed to maintain in good condition and order the Premises and all installationsfixtures, appliances, light bulbs and equipment and facilities therein, including, but not limited to, the Heating and Air Conditioning system(s) serving Tenant’s suite. Landlord will pay for major Heating and Air Conditioning component replacement and all repairs and replacements needed to any plumbing, water, waste, heating, ventilating the Landlord installed heating and air conditioning units system(s) in excess of Four Hundred Dollars (“$400.00) per occurrence per Heating and Air Conditioning unit. All major replacements or repairs will be performed by Landlord unless written permission is otherwise given. Landlord hereby represents that the HVAC Units”)is in good and proper working order upon the Commencement Date hereof. Tenant shall be responsible for removal of waste generated by Tenant’s operation and provide its own janitorial and cleaning service. This includes waste service fees levied by local jurisdictions. Tenant, and electric conduitsat its sole expense, lines shall keep all Tenant fixtures and equipment located outside in the Premises that serve only the Premises. Without limiting the foregoingin safe and sanitary condition and good order and repair, but subject to Articles 14 and 15 and Section 10.1, Tenant shall make all repairs and replacements required together with respect to the HVAC Unitsrelated plumbing, electrical and plumbing systems within the Premises and any rooftop or exterior air conditioning equipment or HVAC Units serving only the Premises, any plumbing fixtures within the Premises (including sinks and toilets), and the plumbing lines, valves, and pipes connected to or running from such fixtures to the point at which such lines, valves and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility service, whether installed by Tenant or service to the Premisesby Landlord on Tenant’s behalf. Tenant shall also make, at Tenant’s expense, such repairs and replacements as are needed to keep the sidewalks and walkways abutting the Premises in good condition and order, and shall keep such sidewalks and walkways [and areas behind the Building to which Tenant has access] free of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall be made in compliance with the provisions of this lease (including Article 5).
Section 10.4 Tenant shall enter into and maintain, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, with a reputable service company, reasonably satisfactory to Landlord, for the HVAC Units serving the Premises. Tenant shall, from time to time, furnish Landlord with a copy of such service contract, within ten (10) days after request. If Tenant fails to obtain or maintain such service contract or to deliver to Landlord a copy of such contract upon request, Landlord may, at its option, enter into a service contract providing for the maintenance, repair, and servicing of the HVAC Units and bill Tenant for the charges due under such contract. Any such charges shall be paid by
Section 10.5 Subject to Section 13.4, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, pay for all damage to the Building resulting from and any act or omission fixtures and appurtenances related thereto due to the malfunction, lack of Tenant, ▇▇▇▇▇▇’s subtenantsrepair, or any improper installation of the Tenant’s or subtenants’ employees, agents, employees, invitees or contractorsfixtures and equipment.
Section 10.6 Landlord shall have no liability to Tenant, the Rent shall not be abated, and Tenant shall not be deemed actually or constructively evicted by reason of Landlord performing any repairs or other work to all or any portion of the Premises and/or the Real Property. Landlord shall endeavor to perform such repairs or other work in a manner that reasonably minimizes interference with the conduct of ▇▇▇▇▇▇’s business in the Premises and damage to the Premises, Tenant’s Work and Tenant’s Property, but Landlord is not required to employ overtime labor or incur additional expenses.
Appears in 1 contract
Sources: Lease Agreement (Macrogenics Inc)
Repairs and Maintenance. Section 10.1 Landlord Tenant shall, at Landlord’s expenseits sole cost and expense and only using Landlord (or its affiliate) as general contractor, make all structural repairs needed to take good care of the exterior wallsdemised premises and the furniture, structural columnsfixtures, structural roofequipment and appurtenances therein, and structural floors that enclose shall keep and maintain the Premises demised premises and the fixtures, equipment and appurtenances therein, including but not limited to, any and all bathrooms and kitchens (excluding all doorsif any) which are located within the demised premises, door frames, storefronts, windows in a condition of good order and glass); provided that Tenant gives Landlord notice of the necessity for such repairsrepair. Notwithstanding Without limiting the foregoing, Tenant shall reimburse make all repairs to the demised premises using only Landlord (or Landlord’s affiliate) as general contractor including the fixtures, as Additional Rent, within thirty (30) days equipment and appurtenances in the demised premises and including further structural repairs of being billed therefor, for all such repair costs to structural elements that any kind which are necessitated by the act, omission, use, occupancy, negligence or other misconduct of Tenant, its employees, agents, contractors, agentsservants, subtenantslicensees or invitees or which are necessitated by any breach or default of any of the terms, employeescovenants and conditions of this Lease, customers as and invitees.
Section 10.2 If the Premises are sprinkleredwhen needed to keep them in good working order and condition. Without limiting Landlord’s other rights and remedies, Tenant shall be responsible, at Tenant’s sole pay to Landlord the full cost and expenseexpense incurred by Landlord or its affiliate as general contractor in performing such maintenance, for maintainingrepairs, in good order and repair and in compliance with all Laws, those elements of the sprinkler system within the Premises, including the repair and replacement of the sprinkler heads and pipes. If the Premises are not sprinklered and a sprinkler system in the Premises is required under applicable Laws for Tenant’s Permitted Use restorations or manner of use of the Premises, or Tenant’s Work requires the installation of a sprinkler system in the Premises, Tenant shall install such system as part of Tenant’s Work, at Tenant’s expense.
Section 10.3 Subject to Articles 14 and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, all repairs and replacements needed to maintain in good condition and order the Premises and all installations, equipment and facilities therein, and all repairs and replacements needed to any plumbing, water, waste, heating, ventilating and air conditioning units (“HVAC Units”), and electric conduits, lines and equipment located outside the Premises that serve only the Premises. Without limiting the foregoing, but subject to Articles 14 and 15 and Section 10.1, Tenant shall make all repairs and replacements required with respect to the HVAC Units, electrical and plumbing systems within the Premises and any rooftop or exterior air conditioning equipment or HVAC Units serving only the Premises, any plumbing fixtures within the Premises (including sinks and toilets), and the plumbing lines, valves, and pipes connected to or running from such fixtures to the point at which such lines, valves and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premises. Tenant shall also make, at Tenant’s expense, such repairs and replacements as are needed to keep the sidewalks and walkways abutting the Premises in good condition and order, and shall keep such sidewalks and walkways [and areas behind the Building to which Tenant has access] free of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall be made in compliance with the provisions of this lease payable by Tenant to Landlord within fifteen (including Article 5).
Section 10.4 Tenant shall enter into and maintain, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, with a reputable service company, reasonably satisfactory to Landlord, for the HVAC Units serving the Premises. Tenant shall, from time to time, furnish Landlord with a copy of such service contract, within ten (1015) days after request. If Tenant fails to obtain or maintain such service contract or to deliver to Landlord a copy receipt of such contract upon request, Landlord may, at its option, enter into a service contract providing for the maintenance, repair, and servicing of the HVAC Units and bill Tenant for the charges due under such contract. Any such charges shall be paid by
Section 10.5 Subject to Section 13.4, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all damage to the Building resulting from any act or omission of Tenant, ▇▇▇▇▇▇’s subtenants, or any of Tenant’s or subtenants’ employees, agents, employees, invitees or contractorsinvoice.
Section 10.6 Landlord shall have no liability to Tenant, the Rent shall not be abated, and Tenant shall not be deemed actually or constructively evicted by reason of Landlord performing any repairs or other work to all or any portion of the Premises and/or the Real Property. Landlord shall endeavor to perform such repairs or other work in a manner that reasonably minimizes interference with the conduct of ▇▇▇▇▇▇’s business in the Premises and damage to the Premises, Tenant’s Work and Tenant’s Property, but Landlord is not required to employ overtime labor or incur additional expenses.
Appears in 1 contract
Repairs and Maintenance. Section 10.1 Landlord shallExcept as otherwise set forth in this Lease, Lessee, at Landlord’s expenseits sole cost, make shall be responsible for and shall keep all structural repairs needed to the exterior walls, structural columns, structural roof, and structural floors that enclose parts of the Premises (excluding all doorsincluding its restroom areas) and the appurtenances thereto in good, door framessafe, storefrontstenantable condition, windows slightly in appearance, and glass); provided that Tenant gives Landlord notice of the necessity for such repairs. Notwithstanding the foregoing, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all such repair costs to structural elements that are necessitated by the negligence or misconduct of Tenant, its employees, contractors, agents, subtenants, employees, customers and invitees.
Section 10.2 If the Premises are sprinklered, Tenant shall be responsible, at Tenant’s sole cost and expense, for maintaining, in good order and repair at all times during the term of this Lease (reasonable wear and tear and casualty excepted in compliance with all Laws, those elements of the sprinkler system within the Premisescases), including the repair and replacement of the sprinkler heads and pipes. If the Premises are not sprinklered and a sprinkler system in the Premises is required under applicable Laws for Tenant’s Permitted Use or manner of use of the Premisesany extensions, or Tenant’s Work requires the installation of a sprinkler system in the Premises, Tenant except that: Lessor shall install such system as part of Tenant’s Work, be responsible at Tenant’s expense.
Section 10.3 Subject to Articles 14 and 15 and Section 10.1its sole expense for: Tenant shall make, at Tenant’s sole expense, all (a) structural repairs and replacements, repairs, replacements needed to maintain in good condition and order the Premises and all installations, equipment and facilities therein, and all repairs and replacements needed to any plumbing, water, waste, heating, ventilating and air conditioning units (“HVAC Units”), and electric conduits, lines and equipment located outside the Premises that serve only the Premises. Without limiting the foregoing, but subject to Articles 14 and 15 and Section 10.1, Tenant shall make all repairs and replacements required with respect or maintenance to the HVAC Unitsroof, electrical exterior walls and plumbing systems within foundation; (b) repairs or replacements which are necessitated by the Premises and any rooftop willful or exterior air conditioning equipment or HVAC Units serving only the Premises, any plumbing fixtures within the Premises (including sinks and toilets), and the plumbing lines, valves, and pipes connected to or running from such fixtures to the point at which such lines, valves and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premises. Tenant shall also make, at Tenant’s expense, such repairs and replacements as are needed to keep the sidewalks and walkways abutting the Premises in good condition and order, and shall keep such sidewalks and walkways [and areas behind the Building to which Tenant has access] free of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall be made in compliance with the provisions of this lease (including Article 5).
Section 10.4 Tenant shall enter into and maintain, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, with a reputable service company, reasonably satisfactory to Landlord, for the HVAC Units serving the Premises. Tenant shall, from time to time, furnish Landlord with a copy of such service contract, within ten (10) days after request. If Tenant fails to obtain or maintain such service contract or to deliver to Landlord a copy of such contract upon request, Landlord may, at its option, enter into a service contract providing for the maintenance, repair, and servicing of the HVAC Units and bill Tenant for the charges due under such contract. Any such charges shall be paid by
Section 10.5 Subject to Section 13.4, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all damage to the Building resulting from any negligent act or omission of TenantLessor, ▇▇▇▇▇▇’s subtenants, or any of Tenant’s or subtenants’ employees, its agents, employees, invitees or contractors.
Section 10.6 Landlord shall have no liability to Tenant, the Rent shall not be abated, and Tenant shall not be deemed actually representatives; (c) repairs or constructively evicted replacements which are necessitated by reason of Landlord performing any fire or other casualty, which events are governed by Paragraph 13 below; and (d) repairs or other work to all replacements which are necessitated by reason of a breach of any warranty or any portion representation of the Premises and/or the Real Property. Landlord shall endeavor Lessor contained in this Lease or by reason of Lessor’s failure to perform such repairs or observe any term, covenant or condition to be performed or observed by Lessor pursuant to this Lease. Lessor warrants and represents that it has no knowledge of defects in the plumbing, heating, air conditioning and other work in a manner mechanical systems. Lessor further warrants and represents that reasonably minimizes interference with the conduct it has no notice or knowledge of ▇▇▇▇▇▇’s business any material defects in the Premises and damage to or the components of the Premises, Tenant’s Work including but not limited to the roof, walls, foundation and Tenant’s Propertyfloors. Subject to the terms of this Lease, but Landlord is not required Lessor shall repair and maintain the paving, and provide lighting of and maintain sidewalks and parking areas located within the Center and shall provide lighting for and maintain the entrances, exits and areas appurtenant to employ overtime labor or incur additional expensesthe Center Building in a clean and orderly condition, including maintaining all shrubbery thereon and mowing of grass thereon and the prompt removal of snow and ice therefrom.
Appears in 1 contract
Sources: Lease Agreement (Vitacost.com, Inc.)
Repairs and Maintenance. Section 10.1 Landlord shallTenant shall maintain Leased Premises in a clean, orderly and sanitary condition and keep in good repair the interior of the Leased Premises, including snow removal on adjacent sidewalks. During the Lease term, Tenant shall make at Landlord’s Tenant's expense, make all structural necessary repairs needed to the Leased Premises for such items as routine repairs of floors, walls, ceilings, and other parts of Leased Premises damaged or worn through normal occupancy, and for any other items for which damage is caused by Tenant. Landlord shall maintain side and rear exterior walls, structural columns, structural the roof, and structural floors that enclose the Premises (excluding all windows, doors, door framesskylights, storefrontsand interior walls to the point of which they are in good condition, windows and glass); provided that Tenant gives Landlord notice of the necessity for such repairs. Notwithstanding the foregoingso long as, Tenant shall reimburse Landlordis not responsible for damages caused by Tenant’s willful, as Additional Rentreckless, within thirty (30) days or negligent conduct. In the case of being billed therefordamages caused by Tenant’s willful, for all such repair costs to structural elements that are necessitated by the negligence reckless, or misconduct of Tenant, its employees, contractors, agents, subtenants, employees, customers and invitees.
Section 10.2 If the Premises are sprinklerednegligent conduct, Tenant shall be responsibleresponsible for repair and/or necessary maintenance. Tenant shall keep the Premises free of ice. Landlord reserves the right in its reasonable discretion to alter, at reconstruct, expand, withdraw from or add to the building from time to time. In the exercise of those rights, Landlord undertakes to minimize any interference with Tenant’s sole cost and expense, for maintaining, in good order and repair and in compliance with all Laws, those elements use of the sprinkler system within Premises and ensure that direct entrance to and exit from the Premises is maintained. Landlord reserves the right for itself and for all persons authorized by it, to erect, use and maintain wiring, mains, pipes and conduits and other means of distributing services in and through the Premises, including and at all reasonable times to enter upon the repair Premises for the purpose of installation, maintenance or repair, and replacement such entry will not be an interference with Tenant's possession under this Lease. Landlord reserves the right, when necessary by reason of accident or in order to make repairs, alterations or improvements relating to the Premises or to other portions of the sprinkler heads building to cause temporary as reasonably necessary and pipes. If to interrupt or suspend the Premises are supply of electricity, water and other services to the premises until the repairs, alterations or improvements have been completed so long as (i) Landlord provides Tenant with at least five (5) business days’ prior written notice of the proposed closure, and (ii) the closure will not sprinklered and a sprinkler system in the Premises is required under applicable Laws for adversely affect Tenant’s Permitted Use or manner of use of the Premises, or Tenant’s Work requires the installation of a sprinkler system in the Premises, Tenant shall install such system as part of Tenant’s Work, at Tenant’s expense.
Section 10.3 Subject to Articles 14 and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, all repairs and replacements needed to maintain in good condition and order the Premises and all installations, equipment and facilities therein, and all repairs and replacements needed to any plumbing, water, waste, heating, ventilating and air conditioning units (“HVAC Units”), and electric conduits, lines and equipment located outside the Premises that serve only the Premises. Without limiting the foregoing, but subject to Articles 14 and 15 and Section 10.1, Tenant shall make all repairs and replacements required with respect to the HVAC Units, electrical and plumbing systems within the Premises and any rooftop or exterior air conditioning equipment or HVAC Units serving only the Premises, any plumbing fixtures within the Premises (including sinks and toilets), and the plumbing lines, valves, and pipes connected to or running from such fixtures to the point at which such lines, valves and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premises. Tenant shall also make, at Tenant’s expense, such repairs and replacements as are needed to keep the sidewalks and walkways abutting the Premises in good condition and order, and shall keep such sidewalks and walkways [and areas behind the Building to which Tenant has access] free of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall be made in compliance with the provisions of this lease (including Article 5).
Section 10.4 Tenant shall enter into and maintain, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, with a reputable service company, reasonably satisfactory to Landlord, for the HVAC Units serving the Premises. Tenant shall, from time to time, furnish Landlord with a copy of such service contract, within ten (10) days after request. If Tenant fails to obtain or maintain such service contract or to deliver to Landlord a copy of such contract upon request, Landlord may, at its option, enter into a service contract providing for the maintenance, repair, and servicing of the HVAC Units and bill Tenant for the charges due under such contract. Any such charges shall be paid by
Section 10.5 Subject to Section 13.4, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all damage to the Building resulting from any act or omission of Tenant, ▇▇▇▇▇▇’s subtenants, or any of Tenant’s or subtenants’ employees, agents, employees, invitees or contractors.
Section 10.6 Landlord shall have no liability to Tenant, the Rent shall not be abated, and Tenant shall not be deemed actually or constructively evicted by reason of Landlord performing any repairs or other work to all or any portion of the Premises and/or the Real Property. Landlord shall endeavor to perform such repairs or other work in a manner that reasonably minimizes interference with the conduct of ▇▇▇▇▇▇’s business in the Premises and damage access to the Premises, or reduce or otherwise adversely affect the parking of Tenant’s Work vehicles. There will be no abatement in rent because of such obstruction, interruption or suspension provided that the repairs, alterations or improvements are made expeditiously as is reasonably possible. The Parties understand that the amount of responsibility placed on the Tenant for repairs and Tenant’s Propertymaintenance is consistent with shifting liability onto the Tenant pursuant the provisions of the STATE Premises Liability Act and interpretation thereof under STATE law. Specifically, but Tenant understands that the amount of responsibility placed upon it for repairs and maintenance may give rise to third party liability. In the event of claims made for third party injuries occurring on the premises, Tenant agrees to indemnify and hold harmless Landlord is not required to employ overtime labor or incur additional expensesagainst those claims.
Appears in 1 contract
Sources: Commercial Lease Agreement
Repairs and Maintenance. Section 10.1 (a) Tenant shall at its own cost and expense keep and maintain all parts of the Premises in good condition (reasonable wear and tear and casualty damage excepted), promptly making all necessary repairs and replacements, interior and exterior, structural and non-structural, ordinary and extraordinary, including but not limited to, windows, glass and plate glass, doors, and special office entries, interior walls and finish work, floors and floor coverings, downspouts, gutters, heating, air conditioning and ventilation systems, dock boards, truck doors, dock bumpers, irrigation systems, paving, parking lot improvements, plumbing work and fixtures, pest extermination, exterior lighting fixtures, regular removal of trash and debris, regular mowing of any grass, trimming, weed removal, landscape replacement, general landscape maintenance, keeping the parking areas, driveways, alleys and the whole of the premises in a clean and sanitary condition. Tenant’s maintenance obligations shall include any rail spur areas and any spur track serving the Premises if Tenant, at any time during the 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(b)(l) above and in such event, Tenant shall, in lieu of the obligations set forth under paragraph 8(b)(l) above with respect to such items, be liable to Landlord for the reasonable cost and expense of same, including but not limited to, the reasonable cost for mowing of grass; care of shrubs; landscape replacement; general landscaping; maintenance (but not replacement) of parking areas, parking lot improvements, driveways and alleys; exterior repainting, maintenance of the exterior lighting fixtures and the maintenance of the irrigation systems. Tenant shall have no obligation to repair, maintain or contribute to Landlord’s expense of replacing, repairing or maintaining the roof, foundation of other structural portions of the Premises. In the event Landlord is permitted by the terms of this Lease and elects to perform or cause to be performed such work, Tenant shall pay when due such costs and expenses.
(c) Tenant shall, at Landlord’s its own cost and expense, make enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor for servicing all structural repairs needed hot water, heating and air conditioning systems and equipment within or serving the Premises. The maintenance contractor and the contract must be approved by Landlord (which approval will not be unreasonably withheld or delayed). The service contract must include all services suggested by the equipment manufacturer within the operation/maintenance manual and must become effective (and a copy thereof delivered to the exterior walls, structural columns, structural roof, and structural floors that enclose the Premises (excluding all doors, door frames, storefronts, windows and glass); provided that Tenant gives Landlord notice of the necessity for such repairs. Notwithstanding the foregoing, Tenant shall reimburse Landlord, as Additional Rent, ) within thirty (30) days of being billed therefor, for all such repair costs to structural elements that are necessitated by the negligence or misconduct of Tenant, its employees, contractors, agents, subtenants, employees, customers and invitees.
Section 10.2 If the Premises are sprinklered, date Tenant shall be responsible, at Tenant’s sole cost and expense, for maintaining, in good order and repair and in compliance with all Laws, those elements of the sprinkler system within the Premises, including the repair and replacement of the sprinkler heads and pipes. If the Premises are not sprinklered and a sprinkler system in the Premises is required under applicable Laws for Tenant’s Permitted Use or manner of use takes possession of the Premises, or Tenant’s Work requires the installation of a sprinkler system in the Premises, Tenant shall install such system as part of Tenant’s Work, at Tenant’s expense.
Section 10.3 Subject (d) If Tenant should fail to Articles 14 and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, all repairs and replacements needed to maintain in good condition and order the Premises and all installations, equipment and facilities therein, and all repairs and replacements needed to perform any plumbing, water, waste, heating, ventilating and air conditioning units (“HVAC Units”), and electric conduits, lines and equipment located outside the Premises that serve only the Premises. Without limiting the foregoing, but subject to Articles 14 and 15 and Section 10.1, Tenant shall make all repairs and replacements required of its obligations hereunder with respect to the HVAC Units, electrical and plumbing systems within the Premises and any rooftop or exterior air conditioning equipment or HVAC Units serving only the Premises, any plumbing fixtures within the Premises (including sinks and toilets), and the plumbing lines, valves, and pipes connected to or running from such fixtures to the point at which such lines, valves and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premises. Tenant shall also make, at Tenant’s expense, such repairs and replacements as are needed to keep the sidewalks and walkways abutting the Premises in good condition and order, and shall keep such sidewalks and walkways [and areas behind the Building to which Tenant has access] free of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall be made in compliance with the provisions of this lease (including Article 5).
Section 10.4 Tenant shall enter into and maintain, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, with a reputable service company, reasonably satisfactory to Landlord, for the HVAC Units serving the Premises. Tenant shall, from time to time, furnish Landlord with a copy of such service contract, within ten (10) days after request. If Tenant fails to obtain or maintain such service contract or to deliver to Landlord a copy receipt of such contract upon requestwritten notice form Landlord, then Landlord may, at its optionif it so elects, enter into a service contract providing for the in addition to any other remedies provided herein, effect such repairs and maintenance, repair, and servicing of the HVAC Units and bill Tenant for the charges due under such contract. Any sums expended by Landlord in effecting such charges repairs and maintenance shall be paid by
Section 10.5 Subject to Section 13.4due and payable, Tenant shall reimburse Landlordon demand, as Additional Rent, within thirty (30) days together with interest thereon at the Maximum Rate from the date of being billed therefor, for all damage each such expenditure by Landlord to the Building resulting from any act or omission date of repayment by Tenant, ▇▇▇▇▇▇’s subtenants, or any of Tenant’s or subtenants’ employees, agents, employees, invitees or contractors.
Section 10.6 Landlord shall have no liability to Tenant, the Rent shall not be abated, and Tenant shall not be deemed actually or constructively evicted by reason of Landlord performing any repairs or other work to all or any portion of the Premises and/or the Real Property. Landlord shall endeavor to perform such repairs or other work in a manner that reasonably minimizes interference with the conduct of ▇▇▇▇▇▇’s business in the Premises and damage to the Premises, Tenant’s Work and Tenant’s Property, but Landlord is not required to employ overtime labor or incur additional expenses.
Appears in 1 contract
Sources: Industrial Lease Agreement (Collegiate Pacific Inc)
Repairs and Maintenance. Section 10.1 Landlord shallA. Except as otherwise provided herein, at Landlord’s expense, make all structural repairs needed to the exterior walls, structural columns, structural roof, and structural floors that enclose the Premises (excluding all doors, door frames, storefronts, windows and glass); provided that Tenant gives Landlord notice of the necessity for such repairs. Notwithstanding the foregoing, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all such repair costs to structural elements that are necessitated by the negligence or misconduct of Tenant, its employees, contractors, agents, subtenants, employees, customers and invitees.
Section 10.2 If the Premises are sprinklered, Tenant CITY shall be responsible, at Tenant’s its sole cost expense and expensein accordance with any applicable local, state or federal law, regulation or code relating to structural integrity, for maintaining, in good order the proper and repair and in compliance with all Laws, those elements of the sprinkler system within the Premises, including the repair and replacement of the sprinkler heads and pipes. If the Premises are not sprinklered and a sprinkler system in the Premises is required under applicable Laws for Tenant’s Permitted Use or manner of use of the Premises, or Tenant’s Work requires the installation of a sprinkler system in the Premises, Tenant shall install such system as part of Tenant’s Work, at Tenant’s expense.
Section 10.3 Subject to Articles 14 and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, all repairs and replacements needed to maintain in good condition and order the Premises and all installations, equipment and facilities therein, and all repairs and replacements needed to any plumbing, water, waste, heating, ventilating and air conditioning units (“HVAC Units”), and electric conduits, lines and equipment located outside the Premises that serve only the Premises. Without limiting the foregoing, but subject to Articles 14 and 15 and Section 10.1, Tenant shall make all repairs and replacements required with respect to the HVAC Units, electrical and plumbing systems within the Premises and any rooftop or exterior air conditioning equipment or HVAC Units serving only the Premises, any plumbing fixtures within the Premises (including sinks and toilets), and the plumbing lines, valves, and pipes connected to or running from such fixtures to the point at which such lines, valves and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premises. Tenant shall also make, at Tenant’s expense, such repairs and replacements as are needed to keep the sidewalks and walkways abutting the Premises in good condition and order, and shall keep such sidewalks and walkways [and areas behind the Building to which Tenant has access] free of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall be made in compliance with the provisions of this lease (including Article 5).
Section 10.4 Tenant shall enter into and maintain, at Tenant’s expense, a service, reasonable maintenance and repair contractof the building and grounds at all times during the term of this LEASE. Such proper and reasonable maintenance and repair of the building and grounds is limited to the roof, including periodic gutter cleaning as necessary; foundation; exterior and interior walls; flooring; plumbing; jointly- used electrical panels; and the HVAC (heating, ventilation and air conditioning) system.
B. Except as otherwise provided herein, LESSEE shall be responsible, at its sole expense and in scope reasonably satisfactory accordance with any applicable local, state or federal law, regulation or code relating to Landlord, with a reputable service company, reasonably satisfactory to Landlordstructural integrity, for the HVAC Units serving proper and reasonable maintenance and repair of the Premises. Tenant shall, premises at all times during the term of this LEASE to prevent the premises from time to time, furnish Landlord with a copy of such service contract, within ten (10) days after request. If Tenant fails to obtain or maintain such service contract or to deliver to Landlord a copy of such contract upon request, Landlord may, at its option, enter entering into a service contract providing for the maintenance, repair, state of disrepair. Such proper and servicing reasonable maintenance and repair of the HVAC Units premises includes:
(1) Maintenance of the flooring, but only in such a manner that is consistent with the use of techniques and bill Tenant products approved by the CITY Facilities Maintenance Manager in advance of the commencement of any work; paint; electrical wiring and fixtures; equipment that is used for fire protection or suppression; and the charges due under such contractinterior of the premises in general. Any such charges shall Examples would be paid by
Section 10.5 Subject to Section 13.4, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all damage but are not limited to the Building resulting from following: water leaks, plugged toilets, burnt out bulbs, bad lighting ballasts, holes in walls, tears in carpet or damaged tile and the general upkeep of the interior.
(2) Repair of any act damage that is directly or omission of Tenantproximately caused by the LESSEE, ▇▇▇▇▇▇’s subtenants, or any of Tenant’s or subtenants’ its employees, agents, employeesvolunteers, invitees contractors or contractorsinvitees.
Section 10.6 Landlord C. Notwithstanding any other provision of this LEASE, LESSEE shall have no liability be responsible, at its sole expense and in accordance with any applicable local, state or federal law, regulation or code relating to Tenantstructural integrity, for the Rent shall not be abated, proper and Tenant shall not be deemed actually or constructively evicted by reason reasonable repair of Landlord performing any repairs or other work to all or any portion of the Premises and/or the Real Property. Landlord shall endeavor to perform such repairs or other work in a manner that reasonably minimizes interference with the conduct of ▇▇▇▇▇▇’s business in the Premises and damage to the Premisesbuilding and grounds that is directly or proximately caused by the LESSEE, Tenant’s Work its employees, agents, volunteers, contractors or invitees.
D. For the purposes of this LEASE, the term “grounds” shall be deemed to include the parking lot, landscaping and Tenant’s Property, but Landlord is not required sidewalks appurtenant to employ overtime labor or incur additional expensesthe building.
Appears in 1 contract
Sources: Lease Agreement
Repairs and Maintenance. 2.1. Notwithstanding anything in the Existing Lease to the contrary (including without limitation, Article 3 of the Addendum to the Original Lease and Section 10.1 6 of the Third Amendment), effective as of April 1, 2017, Landlord shall, at Landlord’s expense, make all structural repairs needed shall be responsible for repairing and maintaining certain elements of the Premises limited to the exterior wallsstructural portions of the Premises; the roofing and covering materials including performing roof surveys; foundations; exterior walls and facade; all landscaping, structural columns, structural roof, sidewalks and structural floors that enclose parking areas contained in or about the Premises; snow removal (but not trash removal); exterior washing of windows; exterior window repair; exterior lighting including parking lot lighting; and exterior signage at the Premises (but excluding all doors, door frames, storefronts, windows and glass); provided that signage installed or affixed by Tenant gives Landlord notice pursuant to Section 27 of the necessity for such repairs. Notwithstanding the foregoingOriginal Lease, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all such repair costs to structural elements that are necessitated by the negligence or misconduct of Tenant, its employees, contractors, agents, subtenants, employees, customers and invitees.
Section 10.2 If the Premises are sprinklered, Tenant which shall be responsible, at Tenant’s sole cost responsibility). The costs associated with such repairs and expense, maintenance shall be included in Operating Expenses (defined below). Landlord shall continue to be responsible for maintaining, in good order and repair and in compliance with performing all Laws, those elements of the sprinkler system within the Premises, including the repair and replacement of the sprinkler heads and pipes. If the Premises are not sprinklered and a sprinkler system in the Premises is required under applicable Laws for Tenant’s Permitted Use or manner of use of the Premises, or Tenant’s Work requires the installation of a sprinkler system in the Premises, Tenant shall install such system as part of Tenant’s Work, at Tenant’s expense.
Section 10.3 Subject to Articles 14 and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, all necessary capital repairs and replacements needed to maintain involving the structural components of the base building and the parking areas as described in good condition and order Section 6 of the Premises and all installations, equipment and facilities thereinThird Amendment, and all repairs such expenditures shall in each case be amortized over the useful life thereof in accordance with generally accepted accounting principles and replacements needed to any plumbing, water, waste, heating, ventilating included in Operating Expense and air conditioning units (“HVAC Units”), and electric conduits, lines and equipment located outside the Premises that serve only the Premises. Without limiting the foregoing, but subject to Articles 14 and 15 and Section 10.1, Tenant shall make all repairs and replacements required with respect portion attributable to the HVAC Units, electrical and plumbing systems within the Premises and any rooftop or exterior air conditioning equipment or HVAC Units serving only the Premises, any plumbing fixtures within the Premises (including sinks and toilets), and the plumbing lines, valves, and pipes connected to or running from such fixtures to the point at which such lines, valves and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premises. Tenant shall also make, at Tenant’s expense, such repairs and replacements as are needed to keep the sidewalks and walkways abutting the Premises in good condition and order, and shall keep such sidewalks and walkways [and areas behind the Building to which Tenant has access] free of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements calendar year shall be made included in compliance with the provisions of this lease (including Article 5).
Section 10.4 Tenant shall enter into and maintain, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, with a reputable service company, reasonably satisfactory to Landlord, Operating Expenses for the HVAC Units serving calendar year. Except as expressly provided in this Section 2 or elsewhere in the Premises. Tenant shall, from time to time, furnish Landlord with a copy of such service contract, within ten (10) days after request. If Tenant fails to obtain or maintain such service contract or to deliver to Landlord a copy of such contract upon requestLease, Landlord may, at its option, enter into a service contract providing for the maintenance, repair, and servicing of the HVAC Units and bill Tenant for the charges due under such contract. Any such charges shall be paid by
Section 10.5 Subject to Section 13.4, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all damage to the Building resulting from any act or omission of Tenant, ▇▇▇▇▇▇’s subtenants, or any of Tenant’s or subtenants’ employees, agents, employees, invitees or contractors.
Section 10.6 Landlord shall have no liability to Tenant, the Rent shall not be abated, and Tenant shall not be deemed actually required to maintain or constructively evicted by reason of Landlord performing make any repairs or other work replacements or provide any services of any nature or description whatsoever to all or any portion of the Premises and/or during the Real Property. Landlord shall endeavor to perform such repairs or other work in a manner that reasonably minimizes interference with the conduct of ▇▇▇▇▇▇’s business in the Premises and damage to the Premises, Tenant’s Work and Tenant’s Property, but Landlord is not required to employ overtime labor or incur additional expensesTerm.
Appears in 1 contract
Sources: Lease (Novavax Inc)
Repairs and Maintenance. Section 10.1 Landlord shallExcept as otherwise provided in this Article, Tenant, at Landlord’s expense, make all structural repairs needed to the exterior walls, structural columns, structural roof, and structural floors that enclose the Premises (excluding all doors, door frames, storefronts, windows and glass); provided that Tenant gives Landlord notice of the necessity for such repairs. Notwithstanding the foregoing, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all such repair costs to structural elements that are necessitated by the negligence or misconduct of Tenant, its employees, contractors, agents, subtenants, employees, customers and invitees.
Section 10.2 If the Premises are sprinklered, Tenant shall be responsible, at Tenant’s sole cost and expense, for maintainingshall maintain each of the Demised Properties and each part thereof, structural and non-structural, in good order and repair condition, ordinary wear and tear and damage by casualty and condemnation excepted (such obligations shall include, without limitation, the obligation to maintain all areas outside of the Buildings (including all sidewalks, driveways, landscaping, trash enclosures, and trash compacting and loading areas on the Demised Properties), in a neat and clean condition, and ensuring that debris from the operation of each restaurant on the Demised Properties are cleaned on a regular basis) and, subject to the terms and conditions of Article VI, shall make any necessary Repairs thereto, interior and exterior, whether extraordinary, foreseen or unforeseen but subject to the casualty and condemnation provisions of this Lease. Tenant and Landlord shall each pay one-half of the cost and expense of any Repairs requested by Landlord which are performed during the last year of the Lease Term. When used in this Article VII, the term “Repairs” shall include all such replacements, renewals, alterations, additions and betterments necessary for Tenant to properly maintain each Demised Property in good order and condition and in compliance with all Lawsapplicable laws. The adequacy of any and all Repairs to the Demised Properties required or conducted pursuant to this Article VII shall be measured by and meet, those elements at a minimum, all of the sprinkler system within following standards: (1) at least equal in quality of material and workmanship to the Premises, including the repair and replacement condition of the sprinkler heads and pipes. If relevant Demised Property(ies) prior to the Premises are not sprinklered and a sprinkler system in the Premises is required under applicable Laws need for Tenant’s Permitted Use or manner such Repairs; (2) avoidance of use of the Premises, or Tenant’s Work requires the installation of a sprinkler system in the Premises, Tenant shall install such system as part of Tenant’s Work, at Tenant’s expense.
Section 10.3 Subject to Articles 14 and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, all repairs and replacements needed to maintain in good condition and order the Premises any and all installations, equipment and facilities structural damage or injury to the Building or persons therein, ; (3) any and all repairs maintenance, service, operation and repair standards and requirements promulgated by Tenant for its (or its subsidiaries’ or affiliates’) restaurants; and (4) any and all repairs, replacements needed or upgrades necessary to any plumbing, water, waste, heating, ventilating and air conditioning units (“HVAC Units”), and electric conduits, lines and equipment located outside the Premises that serve only the Premises. Without limiting the foregoing, but subject to Articles 14 and 15 and Section 10.1, Tenant shall make all repairs and replacements required with respect to the HVAC Units, electrical and plumbing systems within the Premises and any rooftop or exterior air conditioning equipment or HVAC Units serving only the Premises, any plumbing fixtures within the Premises (including sinks and toilets), and the plumbing lines, valves, and pipes connected to or running from such fixtures to the point at which such lines, valves and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premises. Tenant shall also make, at Tenant’s expense, such repairs and replacements as are needed to keep the sidewalks and walkways abutting the Premises in good condition and order, and shall keep such sidewalks and walkways [and areas behind the Building to which Tenant has access] free of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall be made in ensure compliance with the provisions rules and regulations of this lease all governmental agencies having jurisdiction over the relevant Demised Property(ies), including all Environmental Laws (including Article 5).
Section 10.4 Tenant as defined below) and shall enter into and conform to the requirements of any covenants, conditions, restrictions or other permitted encumbrances which are of record. Landlord shall have no duty whatsoever to maintain, replace, upgrade, or repair any portion of the Demised Properties, and Tenant hereby expressly waives the right to make repairs at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to the expense of Landlord, with a reputable service company, reasonably satisfactory to Landlord, which right may be provided for the HVAC Units serving the Premises. Tenant shall, from time to time, furnish Landlord with a copy of such service contract, within ten (10) days after requestin any law now or hereinafter in effect. If Tenant fails or neglects to obtain commence and diligently proceed with all necessary Repairs or maintain fulfill its other obligations as set forth above (for the purposes hereof, application by Tenant for a building permit (if necessary under applicable law to commence the applicable Repair) shall be deemed to constitute the commencement of a Repair under this Article) within twenty (20) days after receipt of written notice of the need therefor describing the applicable Repair or other obligation (a “Repair Notice”) (except in emergency situations involving risk of further damage to the Demised Properties or injury to persons, in which case no such service contract grace period shall be applicable and Tenant shall be obligated to commence immediately all necessary Repairs and diligently proceed to complete same), then Landlord or its agents may enter the Demised Properties for the purpose of making such Repairs or fulfilling those obligations (with Landlord making commercially reasonable efforts not to deliver to Landlord unreasonably interfere with Tenant’s business operations). All commercially reasonable out of pocket costs and expenses incurred as a copy consequence of such contract upon request, Landlord may, at its option, enter into a service contract providing for the maintenance, repair, and servicing of the HVAC Units and bill Tenant for the charges due under such contract. Any such charges Landlord’s action shall be paid by
Section 10.5 Subject by Tenant to Section 13.4, Tenant shall reimburse Landlord, as Additional Rent, Landlord within thirty twenty (3020) days after Landlord delivers to Tenant copies of being billed therefor, invoices for all damage to the Building resulting from any act or omission of Tenant, ▇▇▇▇▇▇’s subtenants, or any of Tenant’s or subtenants’ employees, agents, employees, invitees or contractors.
Section 10.6 Landlord shall have no liability to Tenant, the Rent shall not be abated, and Tenant shall not be deemed actually or constructively evicted by reason of Landlord performing any repairs such Repairs or other work to all or any portion obligations. These invoices shall be prima facie evidence of the Premises and/or payment of the Real Property. Landlord shall endeavor charges to perform such repairs or other work in a manner that reasonably minimizes interference with the conduct of ▇▇▇▇▇▇’s business in the Premises and damage to the Premises, be paid by Tenant’s Work and Tenant’s Property, but Landlord is not required to employ overtime labor or incur additional expenses.
Appears in 1 contract
Sources: Master Land and Building Lease (Ryan's Restaurant Leasing Company, LLC)
Repairs and Maintenance. Section 10.1 16.1 Landlord shalland the Association shall keep in good order, at Landlord’s expensecondition, make and repair the Common Areas and the Building foundations, exterior walls (except for the interior faces), and roof of the Building, and all structural repairs needed plumbing, mechanical, electrical, heating, air conditioning and ventilation equipment and systems that service portions of the Building other than or in addition to the Premises to their point of connection into the Premises, except (as to all items) for any damage caused by any act or omission of Tenant or its employees, agents, invitees, licenses, or contractors. Landlord shall not be obligated to repair the exterior wallsor interior of doors, structural columns, structural roofwindows (except for the exterior windows), and structural floors that enclose plate glass, and/or showcases used on or in the Premises (excluding Premises, and damage caused by any casualty or act of God, except as otherwise provided for herein.
16.2 Excepting all doors, door frames, storefronts, windows and glass); provided that Tenant gives responsibilities of Landlord notice of the necessity for such repairs. Notwithstanding the foregoingunder this Lease, Tenant shall reimburse Landlordkeep and maintain in good order, as Additional Rentcondition and repair, within thirty (30) days of being billed thereforexcept for reasonable use and wear and damage by fire or other casualty, for all such repair costs to structural elements that are necessitated by the negligence or misconduct of Tenant, its employees, contractors, agents, subtenants, employees, customers and invitees.
Section 10.2 If the Premises are sprinkleredand the Building including without limitation, all interior building fixtures, walls, floors, ceilings, appliances and similar equipment and the exterior and interior portions of doors, windows (excluding the exterior windows), plate glass, and showcases in the Premises. Notwithstanding anything to the contrary herein, Tenant shall be responsiblehave no obligation to repair or maintain the Building infrastructure or systems, at including the roof, foundation, structural elements, exterior shell, plumbing, curtain wall, elevators, heating, ventilation, air conditioning, or mechanical systems that service portions of the Building other than from the point of connection within Tenant’s sole cost Premises.
16.3 Any and expenseall repairs effected by Tenant shall be performed in a professional workmanlike manner, for maintainingby licensed contractors, in good order and repair and in compliance with all applicable Laws, those elements of the sprinkler system within the Premises, including the repair and replacement of the sprinkler heads and pipes. If the Premises are not sprinklered and a sprinkler system in the Premises is required under applicable Laws for Tenant’s Permitted Use or manner of use of the Premises, Tenant or Tenant’s Work requires the installation contractors shall obtain all permits and approvals of a sprinkler system government agencies required by applicable Laws in the Premises, Tenant shall install such system as part of Tenant’s Work, at Tenant’s expenseconnection therewith.
Section 10.3 Subject 16.4 If Landlord deems any repairs required to Articles 14 and 15 and Section 10.1: be made by Tenant shall makenecessary, at it may demand that Tenant make them by giving written notice to Tenant’s sole expense, all repairs and replacements needed to maintain in good condition and order the Premises and all installations, equipment and facilities therein, and all repairs and replacements needed if Tenant refuses or neglects to any plumbing, water, waste, heating, ventilating and air conditioning units (“HVAC Units”), and electric conduits, lines and equipment located outside the Premises that serve only the Premises. Without limiting the foregoing, but subject to Articles 14 and 15 and Section 10.1, Tenant shall make all repairs and replacements required with respect to the HVAC Units, electrical and plumbing systems within the Premises and any rooftop or exterior air conditioning equipment or HVAC Units serving only the Premises, any plumbing fixtures within the Premises (including sinks and toilets), and the plumbing lines, valves, and pipes connected to or running from such fixtures to the point at which such lines, valves and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premises. Tenant shall also make, at Tenant’s expense, commence such repairs and replacements as are needed to keep the sidewalks and walkways abutting the Premises in good condition and order, and shall keep such sidewalks and walkways [and areas behind the Building to which Tenant has access] free of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall be made in compliance with the provisions of this lease (including Article 5).
Section 10.4 Tenant shall enter into and maintain, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, with a reputable service company, reasonably satisfactory to Landlord, for the HVAC Units serving the Premises. Tenant shall, from time to time, furnish Landlord with a copy of such service contract, within ten (10) days after requestsuch notice, or fails to diligently prosecute such repairs thereafter, Landlord may make or cause such repairs to be made. If Tenant fails Landlord makes or causes repairs to obtain or maintain such service contract or to deliver to Landlord a copy of such contract upon requestbe made, Landlord may, at its option, enter into a service contract providing for the maintenance, repair, and servicing of the HVAC Units and bill Tenant for the charges due under such contract. Any such charges shall be paid by
Section 10.5 Subject to Section 13.4, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all damage to the Building resulting from any act or omission of Tenant, ▇▇▇▇▇▇’s subtenants, or any of Tenant’s or subtenants’ employees, agents, employees, invitees or contractors.
Section 10.6 Landlord shall have no liability to Tenant, the Rent shall not be abatedresponsible to Tenant for any loss or damage that may accrue to Tenant’s business by reason of the repair work, and Tenant shall not be deemed actually shall, on demand, immediately pay to Landlord the cost of the repairs. Tenant waives the provisions of Sections 1941 and 1942 of the Civil Code of the State of California and any and all other statutes or constructively evicted Laws permitting repairs by a lessee at the expense of a lessor or to terminate a lease by reason of Landlord performing any repairs or other work to all or any portion the condition of the Premises and/or the Real Property. Landlord shall endeavor to perform such repairs or other work in a manner that reasonably minimizes interference with the conduct of ▇▇▇▇▇▇’s business in the Premises and damage to the Premises, Tenant’s Work and Tenant’s Property, but Landlord is not required to employ overtime labor or incur additional expenses.
Appears in 1 contract
Sources: Office Lease (Zendesk, Inc.)
Repairs and Maintenance. Section 10.1 Landlord shall7.1 Lessee's Responsibilities; Lessor's Warranty. Lessee shall be responsible for all interior and exterior maintenance of the Building, at Landlord’s expense, make all structural specifically including but not limited to repairs needed to the exterior wallsheating and cooling systems, structural columnsplumbing systems, structural roofelectrical system and drainage system. Lessee shall keep the inside of the Demised Premises and improvements thereon in the same order and condition as of the date it takes possession thereof, damage by the elements and reasonable wear and tear excepted, and structural floors that enclose the Premises (excluding all doors, door frames, storefronts, windows permitted alterations and glass); provided that Tenant gives Landlord notice of the necessity for such repairs. Notwithstanding the foregoing, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all such repair costs to structural elements that are necessitated by the negligence or misconduct of Tenant, its employees, contractors, agents, subtenants, employees, customers and invitees.
Section 10.2 If the Premises are sprinklered, Tenant shall be responsible, at Tenant’s sole cost and expense, for maintaining, in good order and repair and in compliance with all Laws, those elements of the sprinkler system within the Premises, including the repair and replacement of the sprinkler heads and pipes. If the Premises are not sprinklered and a sprinkler system in the Premises is required under applicable Laws for Tenant’s Permitted Use or manner of use of the Premises, or Tenant’s Work requires the installation of a sprinkler system in the Premises, Tenant shall install such system as part of Tenant’s Work, at Tenant’s expense.
Section 10.3 Subject to Articles 14 and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, all repairs and replacements needed to maintain in good condition and order the Premises and all installations, equipment and facilities therein, and all repairs and replacements needed to any plumbing, water, waste, heating, ventilating and air conditioning units (“HVAC Units”), and electric conduits, lines and equipment located outside the Premises that serve only the Premises. Without limiting the foregoing, but subject to Articles 14 and 15 and Section 10.1, Tenant shall make all repairs and replacements required with respect to the HVAC Units, electrical and plumbing systems within the Premises and any rooftop or exterior air conditioning equipment or HVAC Units serving only the Premises, any plumbing fixtures within the Premises (including sinks and toilets), and the plumbing lines, valves, and pipes connected to or running from such fixtures to the point at which such lines, valves and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premises. Tenant shall also make, at Tenant’s expense, such repairs and replacements as are needed to keep the sidewalks and walkways abutting the Premises in good condition and ordermodifications excepted, and shall also keep the Demised Premises in a clean and sanitary condition according to the applicable state, city and county health and sanitary laws and ordinances. Except as provided in paragraph 7.2, Lessee shall specifically be responsible for all repairs to and maintenance of the Demised Premises, ground and parking, including but not limited to:
a. Maintenance of and repairs to the roof on the Demised Premises;
b. Maintenance of and repairs to, including cost of replacement of all or any portion of, the mechanical and electrical, heating and cooling, security and fire, plumbing and drainage systems and fixtures and all of the Building systems to keep such sidewalks systems in good order, condition and walkways [repair;
c. Maintenance of and areas behind repairs to lavatories;
d. Replacement lamps, bulbs, starters and ballasts;
e. Interior painting;
f. Exterior and common area maintenance and repairs including, but not limited to, exterior painting; exterior cleaning including window washing; gutter cleaning and repair; sidewalks; curb repair; parking lots and parking stripage; signage; snow removal and landscape maintenance and repair;
g. Repairs, changes or alterations in or on the Building to which Tenant has access] free Demised Premises as required by the codes or regulations of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean conditionany governmental body exercising jurisdiction over the Demised Premises. All such In consideration of Lessee assuming the repairs and replacements shall be made in compliance with maintenance set forth herein, Lessor covenants and agrees to pass through the provisions benefit of this lease (including Article 5).
Section 10.4 Tenant shall enter into and maintain, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory all warranties of whatever nature that accrue to Landlord, with a reputable service company, reasonably satisfactory the benefit of the Owner as Lessor. Lessor agrees to Landlord, for purchase the HVAC Units serving the Premises. Tenant shall, from time to time, furnish Landlord with a copy of such service contract, within manufacturer's ten (10) days after request. If Tenant fails to obtain or maintain such service contract or to deliver to Landlord a copy of such contract upon request, Landlord may, at its option, enter into a service contract providing for year warranty in connection with the maintenance, repair, and servicing roof of the Demised Premises. The electrical and HVAC Units and bill Tenant equipment is warranted by the Lessor for a period of two years from the charges due under such contractCommencement Date. Any such charges The HVAC warrantee is for premature equipment failure. All normal maintenance shall be paid by
Section 10.5 Subject to Section 13.4, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days the responsibility of being billed therefor, for all damage the Lessee. Notwithstanding anything to the Building resulting from any act or omission contrary contained in this Lease, Lessor shall promptly correct all defects in Lessor's Work and failures of Tenant, ▇▇▇▇▇▇’s subtenants, or any of Tenant’s or subtenants’ employees, agents, employees, invitees or contractors.
Section 10.6 Landlord shall have no liability Lessor's Work to Tenant, the Rent shall not be abated, and Tenant shall not be deemed actually or constructively evicted by reason of Landlord performing any repairs or other work to all or any portion of the Premises and/or the Real Property. Landlord shall endeavor to perform such repairs or other work in a manner that reasonably minimizes interference with the conduct of ▇▇▇▇▇▇’s business in the Premises and damage conform to the plans and specifications for such work which had had been agreed upon by Lessor and Lessee, which defects or nonconformities are discovered before or within one (1) year after the date upon which Lessee first occupies the Demised Premises, Tenant’s Work . Lessor shall bear all costs of correcting Lessor's Work. Lessor and Tenant’s Property, but Landlord is not required to employ overtime labor Lessee shall each give the other prompt written notice after discovering the existence of any such defects or incur additional expensesnonconformities in Lessor's Work.
Appears in 1 contract
Sources: Lease Agreement
Repairs and Maintenance. Section 10.1 Landlord Tenant shall, at Landlord’s its expense, make throughout the Term, maintain and preserve, in first class condition, (subject to normal and customary wear and tear), the Premises and the fixtures and appurtenances therein. Except as otherwise specifically provided in Exhibit "B" hereto, Tenant shall also be responsible for all structural and non-structural repairs needed and replacements, interior and exterior, ordinary and extraordinary, in and to the exterior wallsPremises and the facilities and systems thereof (but not limited to, structural columns, structural the roof, the Premises, sidewalks, driveways, curbs, loading areas, landscaped areas and structural floors that enclose parking lot, and the Premises (excluding all doorselectrical, door framesmechanical, storefrontsHVAC, windows and glassplumbing systems); provided that . Tenant gives Landlord notice shall enter into a preventative maintenance and service contract with a reputable service provider for maintenance of the necessity for such repairsHVAC systems of the Premises. Notwithstanding Without limiting the generality of the foregoing, any repairs or replacements required to be made by Tenant shall reimburse Landlordincluding repairs to the mechanical, as Additional Rentelectrical, within thirty (30) days sanitary, HVAC, or other systems of being billed therefor, for all such repair costs to structural elements that are necessitated by the negligence or misconduct of Tenant, its employees, contractors, agents, subtenants, employees, customers and invitees.
Section 10.2 If the Premises are sprinklered, Tenant shall be responsibleperformed, at Tenant’s sole cost and 's expense, for maintaining, in good order by appropriately licensed contractors. All such repairs or replacements shall be subject to the supervision and repair and in compliance with all Laws, those elements control of the sprinkler system within the Premises, including the repair and replacement of the sprinkler heads and pipes. If the Premises are not sprinklered and a sprinkler system in the Premises is required under applicable Laws for Tenant’s Permitted Use or manner of use of the Premises, or Tenant’s Work requires the installation of a sprinkler system in the Premises, Tenant shall install such system as part of Tenant’s Work, at Tenant’s expense.
Section 10.3 Subject to Articles 14 and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, all repairs and replacements needed to maintain in good condition and order the Premises and all installations, equipment and facilities thereinLandlord, and all repairs and replacements needed to any plumbing, water, waste, heating, ventilating and air conditioning units (“HVAC Units”), and electric conduits, lines and equipment located outside shall be made with materials of equal or better quality than the Premises that serve only items being repaired or replaced. After Substantial Completion of the Premises. Without limiting the foregoing, but subject Landlord shall transfer to Articles 14 and 15 and Section 10.1, Tenant shall make all repairs and replacements required warranties Landlord has received with respect to any and all work, maintenance and service for which Tenant is responsible under the HVAC Units, electrical terms and plumbing systems within the Premises and any rooftop or exterior air conditioning equipment or HVAC Units serving only the Premises, any plumbing fixtures within the Premises (including sinks and toilets), and the plumbing lines, valves, and pipes connected to or running from such fixtures to the point at which such lines, valves and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premisesconditions of this Lease. Tenant shall also make, at Tenant’s expense, such repairs and replacements as are needed comply with all post-construction requirements including those relating to keep the sidewalks and walkways abutting the Premises in good condition and order, and shall keep such sidewalks and walkways [and areas behind the Building to which Tenant has access] free of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall be made in compliance with the provisions of this lease (including Article 5).
Section 10.4 Tenant shall enter into and maintain, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, with a reputable service company, reasonably satisfactory to Landlord, for the HVAC Units serving the Premises. Tenant shall, from time to time, furnish Landlord with a copy of such service contract, within ten (10) days after request. If Tenant fails to obtain or maintain such service contract or to deliver to Landlord a copy of such contract upon request, Landlord may, at its option, enter into a service contract providing for the maintenance, repair, and servicing load bearing capacity of the HVAC Units and bill Tenant for the charges due under such contract. Any such charges shall be paid by
Section 10.5 Subject to Section 13.4, Tenant shall reimburse Landlord, Improvements as Additional Rent, within thirty (30) days of being billed therefor, for all damage to the Building resulting from any act or omission of Tenant, ▇▇▇▇▇▇’s subtenants, or any of Tenant’s or subtenants’ employees, agents, employees, invitees or contractors.
Section 10.6 Landlord shall have no liability to Tenant, the Rent shall not be abated, and Tenant shall not be deemed actually or constructively evicted by reason of Landlord performing any repairs or other work to all or any portion of the Premises and/or the Real Property. Landlord shall endeavor to perform such repairs or other work in a manner that reasonably minimizes interference with the conduct of ▇▇▇▇▇▇’s business set forth in the Premises Final Plans and damage to the Premises, Tenant’s Work and Tenant’s Property, but Landlord is not required to employ overtime labor Specifications or incur additional expensesas otherwise directed by Landlord.
Appears in 1 contract
Sources: Building Lease (Datalink Corp)
Repairs and Maintenance. Section 10.1 a. During the Term, Landlord shall, at Landlord’s expense, make all structural repairs needed subject to the terms of Section 21 hereof, perform diligently, promptly and in a good and workmanlike manner all maintenance, repairs and replacements to: the structural components of the Building, including without limitation the roof, roofing system, exterior walls, structural bearing walls, support beams, foundations, columns, structural roofexterior doors and windows, and structural floors that enclose lateral support to the Building; (ii) assure water tightness of the Building and the Premises (excluding all doors, door frames, storefronts, windows and glass); provided that Tenant gives Landlord notice including caulking of the necessity for flashings) and repairs to the roof, roofing system, curtain walls and windows, if required to assure watertightness; (iii) the plumbing; lawn and fire sprinklers; heating, ventilation and air conditioning systems; electrical and mechanical lines, equipment and systems, including without limitation elevators; (iv) the parking facility, common areas of the Property and Building, including their lighting systems; (v) exterior improvements to the Building, including walkways, shrubbery and landscaping; (vi) the glass including cleaning and replacements; and (vii) normal routine maintenance, cleaning, and janitorial services.
b. Tenant shall maintain the Premises and the fixtures and appurtenances therein in good repair at all times, except to the extent such repairsmaintenance is the responsibility of the Landlord pursuant to Section 12(a) above. Notwithstanding During the foregoingTerm, Tenant shall reimburse not cause or perform any redecorating of the interior of the Premises without the written consent of Landlord, as Additional Rentwhich consent may be withheld in Landlord's sole discretion.
c. Landlord, within thirty at Tenant's sole cost and expense, unless covered by any insurance policy maintained by Landlord, shall make all repairs to the Building (30excluding the Premises) days of being billed therefor, for all such repair costs to structural elements that are necessitated caused by the negligence or misconduct of Tenant, its employeesagents, independent contractors, agents, subtenants, employees, customers and invitees.
Section 10.2 If the Premises are sprinklered, Tenant shall be responsible, at Tenant’s sole cost and expense, for maintaining, in good order and repair and in compliance with all Laws, those elements of the sprinkler system within the Premises, including the repair and replacement of the sprinkler heads and pipes. If the Premises are not sprinklered and a sprinkler system in the Premises is required under applicable Laws for Tenant’s Permitted Use or manner of use of the Premisesrepresentatives, or Tenant’s Work requires the installation of a sprinkler system in the Premises, Tenant shall install such system as part of Tenant’s Work, at Tenant’s expense.
Section 10.3 Subject to Articles 14 and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, all repairs and replacements needed to maintain in good condition and order the Premises and all installations, equipment and facilities therein, and all repairs and replacements needed to any plumbing, water, waste, heating, ventilating and air conditioning units (“HVAC Units”), and electric conduits, lines and equipment located outside the Premises that serve only the Premises. Without limiting the foregoing, but subject to Articles 14 and 15 and Section 10.1, Tenant shall make all repairs and replacements required with respect to the HVAC Units, electrical and plumbing systems within the Premises and any rooftop or exterior air conditioning equipment or HVAC Units serving only the Premises, any plumbing fixtures within the Premises (including sinks and toilets), and the plumbing lines, valves, and pipes connected to or running from such fixtures to the point at which such lines, valves and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premises. Tenant shall also make, at Tenant’s expense, such repairs and replacements as are needed to keep the sidewalks and walkways abutting the Premises in good condition and order, and shall keep such sidewalks and walkways [and areas behind the Building to which Tenant has access] free of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall be made in compliance with the provisions of this lease (including Article 5).
Section 10.4 Tenant shall enter into and maintain, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, with a reputable service company, reasonably satisfactory to Landlord, for the HVAC Units serving the Premises. Tenant shall, from time to time, furnish Landlord with a copy of such service contract, within ten (10) days after request. If Tenant fails to obtain or maintain such service contract or to deliver to Landlord a copy of such contract upon request, Landlord may, at its option, enter into a service contract providing for the maintenance, repair, and servicing of the HVAC Units and bill Tenant for the charges due under such contract. Any such charges shall be paid by
Section 10.5 Subject to Section 13.4, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all damage to the Building resulting from any act or omission of Tenant, ▇▇▇▇▇▇’s subtenants, or any of Tenant’s or subtenants’ employees, agents, employees, invitees or contractors.
Section 10.6 Landlord shall have no liability to Tenant, the Rent shall not be abatedemployers, and Tenant shall not be deemed actually or constructively evicted by reason of promptly reimburse Landlord performing any repairs or other work to all or any portion of for the Premises and/or the Real Property. Landlord shall endeavor to perform reasonable costs and expenses for such repairs or other work in a manner that reasonably minimizes interference with the conduct of ▇▇▇▇▇▇’s business in the Premises and damage to the Premises, Tenant’s Work and Tenant’s Property, but Landlord is not required to employ overtime labor or incur additional expenseswork.
Appears in 1 contract
Repairs and Maintenance. Section 10.1 Landlord shall15.01 Tenant shall take good care of the Demised Premises. Tenant, at Landlord’s its expense, shall promptly make all structural repairs needed to the exterior wallsrepairs, ordinary or extraordinary, interior or exterior, structural columnsor otherwise, structural roofin and about the Demised Premises and the Building including without limitation, the heating, ventilating, and structural floors that enclose air-conditioning system serving the Premises Demised Premises, as shall be required by reason of (excluding all doorsi) the performance of Tenant’s Work or Tenant’s Changes, door frames(ii) the installation, storefrontsuse or operation of Tenant’s Property in the Demised Premises, windows and glass); provided that Tenant gives Landlord notice (iii) the moving of Tenant’s Property in or out of the necessity for such repairs. Notwithstanding Building, or (iv) the foregoing, misuse or neglect of Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days or any of being billed therefor, for all such repair costs to structural elements that are necessitated by the negligence or misconduct of Tenant, its employees, invitees, tenants, agents or contractors, agents, subtenants, employees, customers and invitees.
Section 10.2 If the Premises are sprinklered. In addition, Tenant shall be responsible, at Tenant’s sole cost and expense, for maintaining, in good order and repair and in compliance with all Laws, those elements of the sprinkler system within the Premises, including the repair and replacement of the sprinkler heads and pipes. If the Premises are not sprinklered and a sprinkler system in the Premises is required under applicable Laws for Tenant’s Permitted Use or manner of use of the Premises, or Tenant’s Work requires the installation of a sprinkler system in the Premises, Tenant shall install such system as part of Tenant’s Work, at Tenant’s expense.
Section 10.3 Subject to Articles 14 and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, all repairs and replacements needed to maintain in good condition and order the Premises and all installations, equipment and facilities therein, and all repairs and replacements needed to any plumbing, water, waste, heating, ventilating and air conditioning units (“HVAC Units”), and electric conduits, lines and equipment located outside the Premises that serve only the Premises. Without limiting the foregoing, but subject to Articles 14 and 15 and Section 10.1, Tenant its expense shall make all repairs and replacements required with respect to the HVAC Unitsplumbing, electrical electrical, heating and plumbing air conditioning systems and facilities within and exclusively serving the Demised Premises, all non-structural repairs to the Demised Premises and all repairs to the storefront, windows and plate glass. Tenant, at its expense, shall replace all scratched, damaged or broken doors or other glass in or about the Demised Premises and shall be responsible for all repairs, maintenance and replacement of wall and floor coverings in the Demised Premises and, for the repair and maintenance of all lighting fixtures therein. All repairs, except for emergency repairs, made by Tenant as provided herein shall be performed by contractors or subcontractors approved in writing by Landlord prior to commencement of such repairs, which approval shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything contained in this lease to the contrary, Tenant shall not be required to make any rooftop repairs or exterior air conditioning equipment replacements if necessitated by the willful acts or HVAC Units serving only negligence of Landlord or its agents, employees or contractors.
15.02 Landlord, at its expense, shall keep and maintain the Premises, any plumbing fixtures within structural potions of the Premises Unit and its systems and facilities (including sinks and toilets), and the plumbing lines, valves, and pipes connected to or running from such fixtures except as otherwise expressly set forth in this lease) to the point at which such linesof entry into the Demised Premises, valves and pipes connect with the Building’s common plumbing linesin working order, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premises. Tenant shall also make, at Tenant’s expense, such repairs and replacements as are needed to keep the sidewalks and walkways abutting the Premises in good condition and order, and shall keep such sidewalks and walkways [and areas behind the Building to repair except for those repairs for which Tenant has access] free of rubbish, snow, ice and is responsible pursuant to any other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall be made in compliance with the provisions of this lease (including Article 5)and except for those repairs which are the responsibility of the Condominium.
Section 10.4 Tenant shall enter into and maintain15.03 Except as expressly otherwise provided in this lease, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, with a reputable service company, reasonably satisfactory to Landlord, for the HVAC Units serving the Premises. Tenant shall, from time to time, furnish Landlord with a copy of such service contract, within ten (10) days after request. If Tenant fails to obtain or maintain such service contract or to deliver to Landlord a copy of such contract upon request, Landlord may, at its option, enter into a service contract providing for the maintenance, repair, and servicing of the HVAC Units and bill Tenant for the charges due under such contract. Any such charges shall be paid by
Section 10.5 Subject to Section 13.4, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all damage to the Building resulting from any act or omission of Tenant, ▇▇▇▇▇▇’s subtenants, or any of Tenant’s or subtenants’ employees, agents, employees, invitees or contractors.
Section 10.6 Landlord shall have no liability to Tenant, the Rent shall not be abated, and Tenant shall not be deemed actually or constructively evicted by reason of Landlord performing any inconvenience, annoyance, interruption or injury to business arising from either (a) Landlord’s making any repairs or other work changes which Landlord is required or permitted by this lease, or required by law, to all make in or to any portion of the Premises and/or Unit, the Real Property. Building or the Demised Premises, or in or to the fixtures, equipment or appurtenances of the Unit, Building or the Demised Premises, or (b) the Condominium making or failing to make any repairs or changes to any portion of the Building or the Demised Premises; provided that Landlord shall endeavor use due diligence with respect to the performance by Landlord thereto and shall perform such repairs or other work and request that the Condominium perform such work, except in a case of emergency, at times reasonably convenient to Tenant and otherwise in such manner that reasonably minimizes interference as will not materially interfere with the conduct of ▇▇▇▇▇▇’s business in the Premises and damage to the Premises, Tenant’s Work and Tenant’s Property, but Landlord is not required to employ overtime labor or incur additional expensesuse of the Demised Premises.
Appears in 1 contract
Sources: Lease (American Realty Capital New York Recovery Reit Inc)
Repairs and Maintenance. Section 10.1 (a) Except for repairs and replacements that Tenant must make as set forth in this Section, Landlord shallshall throughout the Term of this Lease be responsible for completing the following maintenance and repairs, at Landlord’s expense, make all structural repairs needed such items to charged to the Tenant as Operating Expenses (as defined herein): (i) snow removal from the parking lot, (ii) lawn mowing, landscaping, and general grounds upkeep, (iii) janitorial services, and (iv) all mechanical system general maintenance and repair, not due to the negligence or neglect of Tenant.
(b) In addition, Landlord shall be responsible at its sole cost and expense for the maintenance, repairs and replacements of the following (which shall not be including in Operating Expenses), provided such repairs are not due to the negligence or neglect of Tenant: (i) exterior walls, (ii) foundation and footings, (iii) structural columnselements, structural (iv) parking lot, but expressly limited to one (1) year; (v) roof (including membrane, insulation and flashing), but expressly limited to the warranty period of ten (10) years for all labor and twenty (20) years for all materials; and (v) major mechanical system and major plumbing repairs and replacements, but expressly limited to the five (5) years for all HVAC repairs and replacements. Any mechanical repairs arising out of Tenant installations or Tenant modifications to the mechanical systems installed by Landlord shall be the responsibility of Tenant.
15.02 Tenant, at its sole cost and expense and throughout the term of this Lease, shall keep and maintain the Premises in good order and condition, free of accumulation of dirt and rubbish, and shall promptly notify Landlord of the need for any repairs and replacements necessary to keep and maintain the Premises in good order and condition. Tenant’s obligations for repair and maintenance of the Premises shall include any repair and maintenance work not specifically required to be completed by Landlord as set forth in this Lease.
15.03 Tenant shall be responsible for the following repairs and replacements, including capital replacements and improvements, upon expiration of the applicable warranty: (i) roof — 10 years labor, 20 years materials; (ii) HVAC — 5 years, except compressors that are 3 years; and (iii) parking lot and all paved areas — 1 year. Upon expiration of the foregoing warranty periods, Landlord shall have no obligation to repair the roof, HVAC, and structural floors parking lot. All repairs made by Tenant shall to the extent commercially practicable utilize materials and equipment that enclose are equal in quality and usefulness to those originally used in constructing the Premises. Tenant shall perform routine maintenance on all HVAC systems appurtenant to the Premises using a service firm(s), reasonably acceptable to Landlord, which shall provide service and maintenance in accordance with the manufacturer’s recommendations and shall provide a copy of the contract to Landlord. In the event Tenant fails to enter into an HVAC service contract as provided above within ninety (excluding all doors90) days of occupying the Premises, door framesLandlord shall obtain a contract on behalf of Tenant that is consistent with Landlord’s other maintenance contracts for other of its tenants and shall ▇▇▇▇ Tenant directly for such contract.
15.04 Landlord shall have the right to inspect the Premises from time to time as it deems, storefrontsin its sole opinion, windows necessary, and glass); provided request that Tenant gives Landlord notice comply with the terms of the necessity for such repairsthis Section. Notwithstanding the foregoing, Tenant shall reimburse Landlord, as Additional Rent, within Within thirty (30) days of being billed thereforwritten notice from Landlord, for all such repair costs to structural elements that are necessitated by the negligence or misconduct of Tenant, its employees, contractors, agents, subtenants, employees, customers and invitees.
Section 10.2 If the Premises are sprinklered, Tenant shall be responsible, at Tenant’s sole cost and expense, for maintaining, in good order and repair and in compliance with all Laws, those elements of the sprinkler system within the Premises, including the repair and replacement of the sprinkler heads and pipes. If the Premises are not sprinklered and a sprinkler system in the Premises is required under applicable Laws for Tenant’s Permitted Use or manner of use of the Premises, or Tenant’s Work requires the installation of a sprinkler system in the Premises, Tenant shall install such system as part of Tenant’s Work, at Tenant’s expense.
Section 10.3 Subject to Articles 14 and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expenseor diligently pursue to completion, all repairs and replacements needed it is instructed to maintain in good condition and order the Premises and all installations, equipment and facilities therein, and all repairs and replacements needed make pursuant to any plumbing, water, waste, heating, ventilating and air conditioning units (“HVAC Units”), and electric conduits, lines and equipment located outside the Premises Landlord’s notice; provided that serve only the Premises. Without limiting the foregoing, but subject to Articles 14 and 15 and Section 10.1, Tenant shall make all repairs and replacements required with respect to the HVAC Units, electrical and plumbing systems within the Premises and any rooftop or exterior air conditioning equipment or HVAC Units serving only the Premises, any plumbing fixtures within the Premises (including sinks and toilets), and the plumbing lines, valves, and pipes connected to or running from such fixtures to the point at which such lines, valves and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premises. Tenant shall also make, at Tenant’s expense, such repairs and and/or replacements as are needed required to keep the sidewalks and walkways abutting the Premises in good condition and order, and shall keep such sidewalks and walkways [and areas behind the Building to which Tenant has access] free of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall be made in compliance with by Tenant under the provisions terms of this lease (including Article 5)Lease.
Section 10.4 Tenant shall enter into and maintain, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, with a reputable service company, reasonably satisfactory to Landlord, for 15.05 In the HVAC Units serving the Premises. Tenant shall, from time to time, furnish Landlord with a copy of such service contract, within ten (10) days after request. If event Tenant fails to obtain perform, or maintain such service contract or diligently pursue to deliver to Landlord a copy of such contract upon requestcompletion, its obligations under this section, Landlord may, at its option, enter into after giving written notice and a service contract providing for the maintenance, repair, and servicing of the HVAC Units and bill Tenant for the charges due under such contract. Any such charges shall be paid by
Section 10.5 Subject cure period not to Section 13.4, Tenant shall reimburse Landlord, as Additional Rent, within exceed thirty (30) days of being billed therefordays, for all damage to the Building resulting from any act or omission of Tenant, ▇▇▇▇▇▇’s subtenants, or any of perform on Tenant’s or subtenants’ employees, agents, employees, invitees or contractorsbehalf and recover the reasonable out of pocket costs and expenses of said performance from Tenant upon demand and presentation of invoices representing the same. Any such amounts shall be considered Additional Rent hereunder.
Section 10.6 Landlord shall have no liability to Tenant, the Rent shall not be abated, and Tenant shall not be deemed actually or constructively evicted by reason of Landlord performing any repairs or other work to all or any portion of the Premises and/or the Real Property. Landlord shall endeavor to perform such repairs or other work in a manner that reasonably minimizes interference with the conduct of ▇▇▇▇▇▇’s business in the Premises and damage to the Premises, Tenant’s Work and Tenant’s Property, but Landlord is not required to employ overtime labor or incur additional expenses.
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Repairs and Maintenance. Section 10.1 Except for those repairs described in Schedule 11.1 and any other repairs Tenant has assumed herein, Landlord shallagrees, throughout the term of this Lease Agreement, to maintain and make any repairs and replacements, structural or otherwise, necessary to maintain the Leased Premises in good condition and repair, including but not limited to repairs to any (i) heating or air-conditioning system which shall include but not be limited to quarterly maintenance of the heating and air conditioning systems, (ii) all mechanical, water and sanitary sewer systems, (iii) replacements to common lighting fixtures, (iv) wiring and electrical systems, including, but not limited to the electrical switch gear, and (v) all replacements to common plumbing fixtures; provided, however, Landlord shall not be required to replace anything that Tenant has agreed and failed to maintain properly. Landlord shall also maintain the Common Areas, including but not limited to, driveways, parking lots, sidewalks, and water and sewer fixtures and lines located outside the Leased Premises, and perform any necessary ground maintenance, including snow removal, lawn-mowing and weed control. Tenant agrees at Landlord’s its expense, throughout the term of this Lease Agreement to maintain and make all structural any repairs needed to the exterior walls, structural columns, structural roof, and structural floors that enclose the Premises (excluding all doors, door frames, storefronts, windows and glass); provided that Tenant gives Landlord notice of the necessity for such repairs. Notwithstanding the foregoing, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all such repair costs to structural elements that are necessitated by the negligence or misconduct of Tenant, its employees, contractors, agents, subtenants, employees, customers and invitees.
Section 10.2 If the Premises are sprinklered, Tenant shall be responsible, at Tenant’s sole cost and expense, for maintaining, in good order and repair and in compliance with all Laws, those elements of the sprinkler system within the Premises, including the repair and replacement of the sprinkler heads and pipes. If the Premises are not sprinklered and a sprinkler system in the Premises is required under applicable Laws for Tenant’s Permitted Use or manner of use of the Premises, or Tenant’s Work requires the installation of a sprinkler system in the Premises, Tenant shall install such system as part of Tenant’s Work, at Tenant’s expense.
Section 10.3 Subject to Articles 14 and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, all repairs and replacements needed necessary to maintain in good condition and order repair the non common electrical, lighting and plumbing fixtures and other items serving the Leased Premises that are not part of the heating or air conditioning system. Tenant agrees, at its expense throughout the term of this Lease Agreement, to make those repairs described in Schedule 11.1. Any and all installationsloss, equipment and facilities thereininjury, and all repairs and replacements needed to any plumbing, water, waste, heating, ventilating and air conditioning units (“HVAC Units”), and electric conduits, lines and equipment located outside the Premises that serve only the Premises. Without limiting the foregoing, but subject to Articles 14 and 15 and Section 10.1, Tenant shall make all repairs and replacements required with respect breakage or damage to the HVAC UnitsLeased Premises or the Building of which they are a part, electrical caused, directly or indirectly, by Tenant or its agents, contractors, employees and plumbing systems within invitees, including individuals and persons making deliveries to or from the Premises and any rooftop or exterior air conditioning equipment or HVAC Units serving only the Leased Premises, any plumbing fixtures within the Premises (including sinks and toilets), and the plumbing lines, valves, and pipes connected to or running from such fixtures except to the point at which such lines, valves and pipes connect with extent that the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premises. Tenant shall also make, at Tenant’s expense, such repairs and replacements as are needed to keep the sidewalks and walkways abutting the Premises in good condition and order, and shall keep such sidewalks and walkways [and areas behind the Building to which Tenant has access] free of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall be made in compliance foregoing is inconsistent with the provisions of the "Waiver of Subrogation" set forth in this lease (including Article 5).
Section 10.4 Lease, shall be repaired by Landlord. In the event such loss, injury, breakage or damage is not covered by insurance, repairs of the foregoing shall be made at the sole expense of Tenant. Payment of the cost of such repairs by Tenant shall enter into be immediately due and maintain, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, with a reputable service company, reasonably satisfactory to Landlord, for the HVAC Units serving the Premisespayable as additional rent. Tenant shall, from time to time, furnish Landlord with a copy of such service contract, within ten (10) days after request. If Tenant fails to obtain or maintain such service contract or to deliver to Landlord a copy of such contract upon request, Landlord may, at its option, enter into a service contract providing for the maintenance, repair, and servicing of the HVAC Units and bill Tenant for the charges due under such contract. Any such charges shall be paid by
Section 10.5 Subject to Section 13.4, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all damage to the Building resulting from any act or omission of Tenant, ▇▇▇▇▇▇’s subtenants, or any of Tenant’s or subtenants’ employees, agents, employees, invitees or contractors.
Section 10.6 Landlord shall have no liability to Tenant, the Rent This provision shall not be abated, in limitation of any other rights and Tenant shall not be deemed actually remedies which Landlord has or constructively evicted by reason of Landlord performing any repairs or other work to all or any portion of the Premises and/or the Real Property. Landlord shall endeavor to perform may have in such repairs or other work in a manner that reasonably minimizes interference with the conduct of ▇▇▇▇▇▇’s business in the Premises and damage to the Premises, Tenant’s Work and Tenant’s Property, but Landlord is not required to employ overtime labor or incur additional expensescircumstances.
Appears in 1 contract
Sources: Lease Agreement (Advanced Lighting Technologies Inc)
Repairs and Maintenance. Section 10.1 Landlord shallTenant agrees, throughout the Lease term, to maintain the Leased Property, including the interior and exterior portions of the building being leased hereunder, and any improvements thereon, in a clean and safe manner and to make, at Landlord’s its expense, make such ordinary repairs and replacements as may be required to keep said Leased Property and the interior and exterior of said building and improvements in good condition (excluding repairs and replacements necessitated by a fire or other casualty insurable under a standard form All Risk Fire and Extended Coverage Insurance Policy), ordinary wear and tear, damage by the elements and any obligations of Landlord excepted. * All warranties transferred to Tenant. Tenant further agrees to make, at its own expense less a $250 per agreed-upon instance Landlord contribution, all structural major repairs needed and replacements required to maintain the utility systems including the HVAC, plumbing and electric systems, and to maintain the exterior walls, structural columns, structural roof, and structural floors that enclose the Premises (excluding all doors, door frames, storefronts, windows and glass); provided that Tenant gives Landlord notice portion of the necessity for such repairs. Notwithstanding the foregoing, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all such repair costs Leased Property in a good and safe condition; and to structural elements that are necessitated by the negligence or misconduct of Tenant, make at its employees, contractors, agents, subtenants, employees, customers and invitees.
Section 10.2 If the Premises are sprinklered, Tenant shall be responsible, at Tenant’s sole cost and expense, for maintainingsuch major repairs, in good order replacements and repair improvements as may be required to keep the utility systems of the Leased Property and interior and exterior of said building and improvements in compliance with all Lawsapplicable federal, those elements state and municipal laws and all applicable rules, regulations and directives of properly constituted governmental authorities. Landlord agrees to maintain the foundations, roof and structural portions of the sprinkler system within the Premises, including the repair and replacement exterior walls of the sprinkler heads Building (except for glass and pipesexterior doors and repairs necessitated by acts of Tenant and/or its agents, employees or invitees). If In the Premises are not sprinklered and a sprinkler system event that the building situate upon the Leased Property should become in the Premises is required under applicable Laws for Tenant’s Permitted Use or manner need of use of the Premisesrepairs, replacements, or Tenant’s Work requires improvements required to be made by the installation of a sprinkler system in the PremisesLandlord hereunder, Tenant shall install such system as part of Tenant’s Work, at Tenant’s expense.
Section 10.3 Subject to Articles 14 and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, all repairs and replacements needed to maintain in good condition and order the Premises and all installations, equipment and facilities therein, and all repairs and replacements needed to any plumbing, water, waste, heating, ventilating and air conditioning units (“HVAC Units”), and electric conduits, lines and equipment located outside the Premises that serve only the Premises. Without limiting the foregoing, but subject to Articles 14 and 15 and Section 10.1, Tenant shall make all repairs and replacements required with respect to the HVAC Units, electrical and plumbing systems within the Premises and any rooftop or exterior air conditioning equipment or HVAC Units serving only the Premises, any plumbing fixtures within the Premises (including sinks and toilets), and the plumbing lines, valves, and pipes connected to or running from such fixtures to the point at which such lines, valves and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premises. Tenant shall also make, at Tenant’s expense, such repairs and replacements as are needed to keep the sidewalks and walkways abutting the Premises in good condition and order, and shall keep such sidewalks and walkways [and areas behind the Building to which Tenant has access] free of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall be made in compliance with the provisions of this lease (including Article 5).
Section 10.4 Tenant shall enter into and maintain, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory give written notice thereof to Landlord, with a reputable service companyand Landlord shall proceed promptly to make such repairs, reasonably satisfactory to Landlord, for the HVAC Units serving the Premises. Tenant shall, from time to time, furnish Landlord with a copy of such service contract, within ten (10) days after request. If Tenant fails to obtain replacements or maintain such service contract or to deliver to Landlord a copy of such contract upon request, Landlord mayimprovements, at its optionown expense. In the event that the need for repairs, enter into a service contract providing for the maintenance, repair, and servicing of the HVAC Units and bill Tenant for the charges due under such contract. Any such charges replacements or restorations shall be paid by
Section 10.5 Subject to Section 13.4, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days caused by fire or other casualty or by taking under the power of being billed therefor, for all damage to the Building resulting from any act or omission of Tenant, ▇▇▇▇▇▇’s subtenants, or any of Tenant’s or subtenants’ employees, agents, employees, invitees or contractors.
Section 10.6 Landlord shall have no liability to Tenanteminent domain, the Rent shall not be abated, obligations of Landlord and Tenant shall not be deemed actually determined in accordance with Paragraph 12 or constructively evicted by reason of Landlord performing any repairs or other work to all or any portion of 17 as the Premises and/or the Real Property. Landlord shall endeavor to perform such repairs or other work in a manner that reasonably minimizes interference with the conduct of ▇▇▇▇▇▇’s business in the Premises and damage to the Premises, Tenant’s Work and Tenant’s Property, but Landlord is not required to employ overtime labor or incur additional expensescase may be.
Appears in 1 contract
Repairs and Maintenance. Section 10.1 Landlord Tenant shall, at Landlord’s its own cost and expense, maintain the structural and non-structural portions of the Premises in good and tenantable condition consistent with a first class retail premises and otherwise in compliance with all applicable federal, state and local laws, rules, regulations, orders and guidelines now or hereafter in force, and make all structural repairs needed to the Premises and every part thereof as needed. Tenant’s obligations under this Section shall include, but not be limited to, modifying, repairing, replacing, installing and maintaining, as applicable, the following: items as are required by any governmental agency having jurisdiction thereof (whether the same is ordinary or extraordinary, foreseen or unforeseen); the roof, exterior walls, structural columns, structural roof, columns and structural floor or floors that enclose of the Premises in good condition interior walls and glass; the interior portions of exterior walls; ceilings; utility meters exclusively serving the Premises (excluding all doors, door frames, storefronts, windows and glassincluding those outside the Premises if they exclusively serve the Premises); provided that Tenant gives Landlord notice of the necessity for such repairs. Notwithstanding the foregoing, Tenant shall reimburse Landlord, as Additional Rent, pipes and conduits within thirty (30) days of being billed therefor, for all such repair costs to structural elements that are necessitated by the negligence or misconduct of Tenant, its employees, contractors, agents, subtenants, employees, customers and invitees.
Section 10.2 If the Premises are sprinklered, Tenant shall be responsible, at Tenant’s sole cost and expense, for maintaining, in good order and repair and in compliance with all Laws, those elements of the sprinkler system within exclusively serving the Premises, including the repair ; all pipes and replacement of the sprinkler heads and pipes. If conduits outside the Premises are not sprinklered and a sprinkler system in exclusively serving the Premises is required under applicable Laws for Tenant’s Permitted Use or manner of use of the Premises, or Tenant’s Work requires the installation of a sprinkler system in the Premises, Tenant shall install such system as part of Tenant’s Work, at Tenant’s expense.
Section 10.3 Subject to Articles 14 and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, all repairs and replacements needed to maintain in good condition and order between the Premises and the service meter; all installations, equipment and facilities therein, and all repairs and replacements needed to any plumbing, water, waste, fixtures; heating, ventilating and air conditioning units (“HVAC UnitsHVAC”), and electric conduits, lines and equipment located outside the Premises that serve only the Premises. Without limiting the foregoing, but subject to Articles 14 and 15 and Section 10.1, Tenant shall make all repairs and replacements required with respect to the HVAC Units, electrical and plumbing systems within the Premises and any rooftop or exterior air conditioning equipment or HVAC Units ) system exclusively serving only the Premises, any plumbing fixtures within the Premises (including sinks all components thereof whether located inside or outside the Premises); sprinkler equipment and toiletsother equipment within the Premises exclusively serving the Premises; the storefront and all exterior glass; all of Tenant’s signs (both interior and exterior); locks and closing devices; all window sashes, casements or frames, doors and door frames; and any alterations, additions or changes performed by or on behalf of Tenant (whether structural or non-structural); provided that Tenant shall make no adjustment, alteration or repair of any part of any sprinkler or sprinkler alarm system in or serving the plumbing linesPremises without Landlord’s prior approval. All broken glass, valvesboth exterior and interior, shall be promptly replaced by Tenant with glass of the same kind, size and pipes connected to or running from such fixtures to the point at which such linesquality. Tenant shall be responsible for providing all janitorial, valves cleaning and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to pest control services within the Premises. All such services shall be provided in accordance with standards customarily maintained for similar first class retail locations. Tenant shall also makepermit no waste, at Tenant’s expensedamage or injury to the Premises and Tenant shall initiate and carry out a program of regular maintenance and repair of the Premises, such repairs including the painting or refinishing of all areas of the interior and replacements the storefront, so as are needed to impede, to the extent possible, deterioration by ordinary wear and tear and to keep the sidewalks and walkways abutting same in attractive condition. Tenant will not overload the electrical wiring serving the Premises in good condition and order, and shall keep such sidewalks and walkways [and areas behind the Building to which Tenant has access] free of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall be made in compliance with the provisions of this lease (including Article 5).
Section 10.4 Tenant shall enter into and maintain, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, with a reputable service company, reasonably satisfactory to Landlord, for the HVAC Units serving the Premises. Tenant shall, from time to time, furnish Landlord with a copy of such service contract, within ten (10) days after request. If Tenant fails to obtain or maintain such service contract or to deliver to Landlord a copy of such contract upon request, Landlord maywill install, at its optionexpense, enter into a service contract providing for the maintenance, repair, and servicing of the HVAC Units and bill Tenant for the charges due under such contract. Any such charges shall be paid by
Section 10.5 Subject to Section 13.4, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all damage to the Building resulting from any act or omission of Tenant, with ▇▇▇▇▇▇▇▇’s subtenantswritten approval, or any of additional electrical wiring required in connection with Tenant’s or subtenants’ employees, agents, employees, invitees or contractors.
Section 10.6 Landlord shall have no liability to Tenant, the Rent shall not be abated, and Tenant shall not be deemed actually or constructively evicted by reason of Landlord performing any repairs or other work to all or any portion of the Premises and/or the Real Propertyapparatus. Landlord shall endeavor be under no obligation to perform such repairs make any repairs, replacements, reconstruction, alterations, or other work in a manner that reasonably minimizes interference with the conduct of ▇▇▇▇▇▇’s business in improvements to or upon the Premises and damage to or the Premises, Tenant’s Work and Tenant’s Property, but Landlord is not required to employ overtime labor or incur additional expensesmechanical equipment exclusively serving the Premises except as expressly provided for herein.
Appears in 1 contract
Sources: Absolute Net Lease Agreement (Zoned Properties, Inc.)
Repairs and Maintenance. 15.01 Tenant shall take good care of the Demised Premises, provided, however, that such obligation shall not be deemed to require Tenant to make any repairs other than those set forth in this Section 10.1 Landlord shall15.01. Tenant, at Landlord’s its expense, shall promptly make all structural repairs needed to the exterior wallsrepairs, ordinary or extraordinary, interior or exterior, structural columnsor otherwise, in and about the Demised Premises and the Building as shall be required by reason of (i) the performance or existence of Tenant's Work not performed by Landlord or Tenant's Changes, (ii) the installation, use or operation of Tenant's Property in the Demised Premises, (iii) the moving of Tenant's Property in or out of the Building, or (iv) the misuse or neglect of Tenant or any of its employees, agents or contractors; but Tenant shall not be responsible for any of such repairs as are required by reason of Landlord's neglect or other fault in the manner of performing any of Tenant's Work or Tenant's Changes which may be undertaken by Landlord for Tenant's account or are otherwise required by reason of neglect or other fault of Landlord or its employees, agents or contractors. Except if required by the neglect or other fault of Landlord or its employees, agents or contractors, Tenant, at its expense, shall replace all scratched, damaged or broken doors or other glass (other than exterior windows) in or about the Demised Premises and shall be responsible for all repairs, maintenance and replacement of wall and floor coverings in the Demised Premises and, for the repair and maintenance of all lighting fixtures therein.
(a) Landlord, at its expense, shall keep and maintain the Building and its fixtures, appurtenances, systems, exterior windows and facilities serving the Demised Premises, in good working order, condition and repair and shall make all repairs, structural roofand otherwise, interior and structural floors that enclose exterior, as and when needed in or about the Premises Demised Premises, except for those repairs for which Tenant is responsible pursuant to any other provisions of this lease.
(excluding all doors, door frames, storefronts, windows and glass); provided that Tenant gives Landlord notice b) During the first (1st) year of the necessity for such term of this lease, Landlord at its expense, shall promptly make all repairs. Notwithstanding , in and about the foregoingDemised Premises as shall be required by reason of any defects in the performance or existence of Landlord's Work, Tenant shall reimburse or Tenant's Work performed by Landlord, as Additional Rent, within thirty (30) days unless such defect or any damage is caused by reason of being billed therefor, for all such repair costs to structural elements that are necessitated by the negligence or misconduct acts of TenantTenant or its agents, its employees, contractors, agents, subtenants, employees, customers and guests or invitees.
Section 10.2 If the Premises are sprinklered15.03 Except as expressly otherwise provided in this lease, Tenant shall be responsible, at Tenant’s sole cost and expense, for maintaining, in good order and repair and in compliance with all Laws, those elements of the sprinkler system within the Premises, including the repair and replacement of the sprinkler heads and pipes. If the Premises are not sprinklered and a sprinkler system in the Premises is required under applicable Laws for Tenant’s Permitted Use or manner of use of the Premises, or Tenant’s Work requires the installation of a sprinkler system in the Premises, Tenant shall install such system as part of Tenant’s Work, at Tenant’s expense.
Section 10.3 Subject to Articles 14 and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, all repairs and replacements needed to maintain in good condition and order the Premises and all installations, equipment and facilities therein, and all repairs and replacements needed to any plumbing, water, waste, heating, ventilating and air conditioning units (“HVAC Units”), and electric conduits, lines and equipment located outside the Premises that serve only the Premises. Without limiting the foregoing, but subject to Articles 14 and 15 and Section 10.1, Tenant shall make all repairs and replacements required with respect to the HVAC Units, electrical and plumbing systems within the Premises and any rooftop or exterior air conditioning equipment or HVAC Units serving only the Premises, any plumbing fixtures within the Premises (including sinks and toilets), and the plumbing lines, valves, and pipes connected to or running from such fixtures to the point at which such lines, valves and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premises. Tenant shall also make, at Tenant’s expense, such repairs and replacements as are needed to keep the sidewalks and walkways abutting the Premises in good condition and order, and shall keep such sidewalks and walkways [and areas behind the Building to which Tenant has access] free of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall be made in compliance with the provisions of this lease (including Article 5).
Section 10.4 Tenant shall enter into and maintain, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, with a reputable service company, reasonably satisfactory to Landlord, for the HVAC Units serving the Premises. Tenant shall, from time to time, furnish Landlord with a copy of such service contract, within ten (10) days after request. If Tenant fails to obtain or maintain such service contract or to deliver to Landlord a copy of such contract upon request, Landlord may, at its option, enter into a service contract providing for the maintenance, repair, and servicing of the HVAC Units and bill Tenant for the charges due under such contract. Any such charges shall be paid by
Section 10.5 Subject to Section 13.4, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all damage to the Building resulting from any act or omission of Tenant, ▇▇▇▇▇▇’s subtenants, or any of Tenant’s or subtenants’ employees, agents, employees, invitees or contractors.
Section 10.6 Landlord shall have no liability to Tenant, the Rent shall not be abated, and Tenant shall not be deemed actually or constructively evicted by reason of Landlord performing any inconvenience, annoyance, interruption or injury to business arising from Landlord's making any repairs or other work changes which Landlord is required or permitted by this lease, or required by law, to all make in or to any portion of the Premises and/or Building or the Real Property. Demised Premises, or in or to the fixtures, equipment or appurtenances of the Building or the Demised Premises, provided that Landlord shall endeavor use due diligence with respect thereto and shall perform such work, except in case of emergency, at times reasonably convenient to perform Tenant and otherwise in such manner as will not materially interfere with Tenant's use of the Demised Premises provided that Landlord shall use reasonable efforts to effect such repairs or other work changes promptly and in a such manner that reasonably minimizes interference with the conduct of ▇▇▇▇▇▇’s business in the Premises and damage as to the Premisesminimize such inconvenience, annoyance, interruption or injury to Tenant’s Work and Tenant’s Property, but Landlord is not required to employ overtime labor or incur additional expenses's business.
Appears in 1 contract
Repairs and Maintenance. Section 10.1 Landlord shall7.1 Throughout the Term, at Landlord’s expense, make all structural repairs needed Tenant covenants and agrees to the exterior walls, structural columns, structural roof, and structural floors that enclose the Premises (excluding all doors, door frames, storefronts, windows and glass); provided that Tenant gives Landlord notice take good care of the necessity for such repairs. Notwithstanding the foregoing, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all such repair costs to structural elements that are necessitated by the negligence or misconduct of Tenant, Demised Premises at its employees, contractors, agents, subtenants, employees, customers and invitees.
Section 10.2 If the Premises are sprinklered, Tenant shall be responsible, at Tenant’s sole cost and expense, for maintainingincluding, without limiting the generality of the foregoing, the plumbing, heating, ventilating, air conditioning, electrical, lighting, sprinkler and other utility systems and fixtures and other equipment therein or serving the same and the appurtenances thereto, the structural components and roof and exterior walls of the Building, all grounds, parking lots, facilities, vaults, signs, gutters, sidewalks, curbs and other paved walkways and areas on and adjacent thereto, exterior lighting fixtures, water, sewer, gas and other utility connections, pipes and mains, and all other fixtures, machinery and equipment now or hereafter serving the same, and Tenant agrees to put, keep and maintain all of the foregoing in good safe, sound and lawful order and repair condition, and make all repairs thereto and therein, ordinary and extraordinary, foreseen and unforeseen, as shall be necessary to put, keep and maintain the same in such safe, sound and lawful order and condition and in compliance with all LawsGovernmental Requirements and Insurance Requirements (as such terms are hereinafter defined), those elements of and howsoever the sprinkler system within the Premisesnecessity or desirability therefor may have occurred, including the repair and replacement of the sprinkler heads whether or not necessitated by normal wear and pipestear, obsolescence or defects, latent or otherwise. If the Premises are not sprinklered and a sprinkler system in the Premises is required under applicable Laws for Tenant’s Permitted Use or manner of use of the Premises, or Tenant’s Work requires the installation of a sprinkler system in the Premises, Tenant shall install such system as not commit or suffer and shall use all reasonable precaution to prevent waste, damage or injury to the Demised Premises or any part of Tenant’s Workthereof. Tenant shall at all times during the Term, at Tenant’s 's sole cost and expense, contract for and maintain regular service of the heating, ventilating, air conditioning, the sprinklers and any elevators and lifts in the Building and all equipment related thereto with recognized maintenance companies and shall forward to Landlord duplicate executed original copies of all contracts and all renewals and modification thereof. Said contracts shall include the thorough overhauling of said systems at least once each year and shall be kept in full force and effect during the Term by Tenant.
Section 10.3 Subject to Articles 14 and 15 and Section 10.1: Tenant shall make7.2 Tenant, at Tenant’s its sole cost and expense, all repairs shall also keep and replacements needed to maintain the Demised Premises, including, without limitation, the sidewalks adjoining the same, in good clean and orderly condition and order the Premises free from dirt, snow, ice, rubbish, vermin, obstructions and all installations, equipment and facilities therein, and all repairs and replacements needed to any plumbing, water, waste, heating, ventilating and air conditioning units (“HVAC Units”), and electric conduits, lines and equipment located outside the Premises that serve only the Premises. Without limiting the foregoing, but subject to Articles 14 and 15 and other encumbrances.
Section 10.1, Tenant shall make all repairs and replacements required with respect to the HVAC Units, electrical and plumbing systems within the Premises and any rooftop or exterior air conditioning equipment or HVAC Units serving only the Premises, any plumbing fixtures within the Premises (including sinks and toilets), and the plumbing lines, valves, and pipes connected to or running from such fixtures to the point at which such lines, valves and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premises. Tenant shall also make7.3 Tenant, at Tenant’s its own cost and expense, such repairs covenants and replacements as are needed agrees to keep the sidewalks drain, waste and walkways abutting sewer pipes and connections with mains which are used by Tenant free from obstruction to the Premises satisfaction of Landlord, its agents and all authorities having jurisdiction. Tenant will be responsible for expenses, losses and damages incurred by Landlord by reason of Tenant's operations which result in good condition the obstruction of drains, waste and ordersewer pipes and mains in or servicing the Building, or any part thereof.
Section 7.4 When used in this Lease, the term "repairs" shall include all necessary replacements, renewals, alterations and shall keep such sidewalks and walkways [and areas behind the Building to which Tenant has access] free of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean conditionadditions. All such repairs to be made by Tenant shall be of at least equal quality and replacements utility to the quality and utility of the utility systems, fixtures, machinery and equipment installed as of the Commencement Date and shall be made in compliance with all Governmental Requirements and Insurance Requirements and the provisions of this lease (including Article 5).
Section 10.4 Tenant shall enter into and maintain, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, with a reputable service company, reasonably satisfactory to Landlord, for then applicable building code. Without limiting the HVAC Units serving the Premises. Tenant shall, from time to time, furnish Landlord with a copy of such service contract, within ten (10) days after request. If Tenant fails to obtain or maintain such service contract or to deliver to Landlord a copy of such contract upon request, Landlord may, at its option, enter into a service contract providing for the maintenance, repair, and servicing generality of the HVAC Units and bill Tenant for the charges due under such contract. Any such charges shall be paid by
Section 10.5 Subject to Section 13.4foregoing, Tenant shall reimburse Landlordnot clean or require, as Additional Rentpermit, within thirty (30) days of being billed therefor, for all damage to the Building resulting from suffer or allow any act or omission of Tenant, ▇▇▇▇▇▇’s subtenants, or any of Tenant’s or subtenants’ employees, agents, employees, invitees or contractors.
Section 10.6 Landlord shall have no liability to Tenant, the Rent shall not be abated, and Tenant shall not be deemed actually or constructively evicted by reason of Landlord performing any repairs or other work to all or any portion window of the Demised Premises and/or to be cleaned from the Real Property. Landlord shall endeavor to perform such repairs or other work outside in a manner that reasonably minimizes interference with the conduct violation of ▇▇▇▇▇▇’s business in the Premises and damage to the Premises, Tenant’s Work and Tenant’s Property, but Landlord is not required to employ overtime labor or incur additional expensesany applicable law.
Appears in 1 contract
Sources: Lease Agreement (Strainwise, Inc.)
Repairs and Maintenance. Section 10.1 Landlord shall maintain in such condition and operating order (and shall keep in such repair and condition), in a manner substantially consistent with the maintenance and operational standards employed by landlords of Comparable Buildings, the structural portions of the Building, including the foundation, floor/ceiling slabs, roof, curtain wall, exterior glass and mullions, columns, beams, shafts (including elevator shafts), stairs, parking areas, stairwells, escalators, elevator cabs, plazas, pavement, sidewalks, curbs, entrances, landscaping, art work, sculptures, public men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas (collectively, "BUILDING STRUCTURE") and the base building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems and other base building systems and equipment which were not constructed by Tenant and are not located within the Premises (collectively, the "BUILDING SYSTEMS") and otherwise operate the Project in a manner and condition materially comparable with the standards of operation as are generally customary for Comparable Buildings. Notwithstanding anything in this Lease to the contrary, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent required because of (i) Tenant's use of the Premises for other than normal and customary business office operations, or (ii) the negligence or willful misconduct of Tenant or the Tenant Parties, unless and to the extent such damage is covered by insurance carried or required to be carried by Landlord pursuant to this Lease and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS EXCEPTION"). Except as provided as part of Landlord's obligations set forth above or elsewhere in this Lease, Tenant shall, at Landlord’s Tenant's own expense, make all structural repairs needed pursuant to the exterior wallsterms of this Lease, structural columnsincluding without limitation Paragraph 7 hereof, structural roofkeep the Premises, including all improvements (including all existing improvement and all Alterations) and fixtures, in good order and repair condition at all times during the Lease Term (but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS exception). In addition, except as provided as part of Landlord's repair obligations set forth above or elsewhere in this Lease, Tenant shall, at Tenant's own expense but under the supervision and subject to the prior approval of Landlord, and structural floors that enclose within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, including without limitation Paragraph 7 hereof, promptly. and adequately repair all damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances (excluding all doors, door frames, storefronts, windows but such obligation shall not extend to the Building Structure and glassthe Building Systems except pursuant to the BS/BS exception); provided that however, that, at Landlord's option, but only if Tenant gives Landlord notice of the necessity for fails to make such repairs. Notwithstanding the foregoing, Tenant shall reimburse Landlord, as Additional Rent, repairs and replacements within thirty (30) days after notice thereof from Landlord (or such sooner period of being billed therefor, for all such repair costs to structural elements that are necessitated by the negligence or misconduct of Tenant, its employees, contractors, agents, subtenants, employees, customers and invitees.
Section 10.2 If the Premises are sprinklered, Tenant shall be responsible, at Tenant’s sole cost and expense, for maintaining, in good order and repair and in compliance with all Laws, those elements of the sprinkler system within the Premises, including the repair and replacement of the sprinkler heads and pipes. If the Premises are not sprinklered and a sprinkler system time in the Premises is required under applicable Laws for Tenant’s Permitted Use case of an emergency or manner of use of the Premises, or Tenant’s Work requires the installation of a sprinkler system in the Premises, Tenant shall install such system as part of Tenant’s Work, at Tenant’s expense.
Section 10.3 Subject to Articles 14 otherwise to protect life and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, all repairs and replacements needed to maintain in good condition and order the Premises and all installations, equipment and facilities therein, and all repairs and replacements needed to any plumbing, water, waste, heating, ventilating and air conditioning units (“HVAC Units”property), and electric conduits, lines and equipment located outside the Premises that serve only the Premises. Without limiting the foregoingLandlord may, but subject to Articles 14 and 15 and Section 10.1need not, Tenant shall make all repairs and replacements required with respect to the HVAC Units, electrical and plumbing systems within the Premises and any rooftop or exterior air conditioning equipment or HVAC Units serving only the Premises, any plumbing fixtures within the Premises (including sinks and toilets), and the plumbing lines, valves, and pipes connected to or running from such fixtures to the point at which such lines, valves and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premises. Tenant shall also make, at Tenant’s expense, such repairs and replacements as are needed and Tenant shall pay Landlord the cost thereof, sufficient to keep the sidewalks and walkways abutting the Premises in good condition and order, and shall keep such sidewalks and walkways [and areas behind the Building to which Tenant has access] free of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All reimburse Landlord for all costs arising from Landlord's involvement with such repairs and replacements to the extent not duplicative of Operating Expenses and to the extent the work is not performed by people whose salaries are paid out of Operating Expenses forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements and additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by applicable Regulations; provided, however, except for emergencies, any such entry into the Premises by Landlord shall be made performed in compliance a manner so as not to materially or adversely interfere with the provisions of this lease (including Article 5).
Section 10.4 Tenant shall enter into and maintainTenant's use of, at Tenant’s expenseor ingress or egress to, a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, with a reputable service company, reasonably satisfactory to Landlord, for the HVAC Units serving the Premises. Tenant shall, from time at Tenant's own expense, pursuant to timethe provisions of this Lease, furnish Landlord with a copy of such service contractincluding without limitation Paragraph 7 hereof, within ten (10) days after request. If Tenant fails to obtain or maintain such service contract or to deliver to Landlord a copy of such contract upon requestkeep the Premises, Landlord mayincluding all improvements, at its optionfixtures and existing improvements, enter into a service contract providing for the maintenanceAlterations, repairfixtures, and servicing the floor or the floors of me Building on which the HVAC Units Premises are located, in good order, repair and bill Tenant for condition at all times during the charges due under Term (but such contract. Any such charges obligation shall be paid by
Section 10.5 Subject to Section 13.4, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all damage not extend to the Building resulting from Structure and the Building Systems except pursuant to the BS/BS Exception). Tenant hereby waives any act and all rights under the benefits of Section l of Section 1932 and Sections 1941 and 1942 of the California Civil Code or omission of Tenantunder any similar law, ▇▇▇▇▇▇’s subtenantsstatute, or any of Tenant’s ordinance now or subtenants’ employees, agents, employees, invitees or contractorshereafter in effect.
Section 10.6 Landlord shall have no liability to Tenant, the Rent shall not be abated, and Tenant shall not be deemed actually or constructively evicted by reason of Landlord performing any repairs or other work to all or any portion of the Premises and/or the Real Property. Landlord shall endeavor to perform such repairs or other work in a manner that reasonably minimizes interference with the conduct of ▇▇▇▇▇▇’s business in the Premises and damage to the Premises, Tenant’s Work and Tenant’s Property, but Landlord is not required to employ overtime labor or incur additional expenses.
Appears in 1 contract
Sources: Office Lease (L90 Inc)
Repairs and Maintenance. Section 10.1 Landlord shall(a) Except as specifically otherwise provided in Paragraphs (b) and (c) of this Article, Tenant, at Landlord’s expense, make all structural repairs needed to the exterior walls, structural columns, structural roof, and structural floors that enclose the Premises (excluding all doors, door frames, storefronts, windows and glass); provided that Tenant gives Landlord notice of the necessity for such repairs. Notwithstanding the foregoing, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all such repair costs to structural elements that are necessitated by the negligence or misconduct of Tenant, its employees, contractors, agents, subtenants, employees, customers and invitees.
Section 10.2 If the Premises are sprinklered, Tenant shall be responsible, at Tenant’s sole cost and expenseexpense and throughout the Term of this Lease, for maintaining, shall keep and maintain the Premises in good order and repair condition, free of accumulation of dirt and in compliance with rubbish, and shall promptly make all Laws, those elements of the sprinkler system within the Premises, including the repair non-structural repairs necessary to keep and replacement of the sprinkler heads maintain such good order and pipescondition. If the Premises are not sprinklered and a sprinkler system in the Premises is required under applicable Laws for Tenant’s Permitted Use or manner of use of the Premises, or Tenant’s Work requires the installation of a sprinkler system in the Premises, Tenant shall install such system as part have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise Landlord of Tenant’s Workdesire to have Landlord make such repairs. If requested by Tenant, at Tenant’s expense.
Section 10.3 Subject Landlord shall make such repairs to Articles 14 and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, all repairs and replacements needed to maintain in good condition and order the Premises within a reasonable time of notice to Landlord and all installations, equipment and facilities therein, and all repairs and replacements needed shall charge Tenant for such services at Landlord’s standard rate (such rate to any plumbing, water, waste, heating, ventilating and air conditioning units (“HVAC Units”), and electric conduits, lines and equipment located outside the Premises that serve only the Premises. Without limiting the foregoing, but subject to Articles 14 and 15 and Section 10.1, Tenant shall make all repairs and replacements required with respect to the HVAC Units, electrical and plumbing systems within the Premises and any rooftop or exterior air conditioning equipment or HVAC Units serving only the Premises, any plumbing fixtures within the Premises (including sinks and toilets), and the plumbing lines, valves, and pipes connected to or running from such fixtures to the point at which such lines, valves and pipes connect be competitive with the Building’s common plumbing lines, including market rate for such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premisesservices). Tenant shall also make, at Tenant’s expense, such repairs and replacements as are needed to keep not use or permit the sidewalks and walkways abutting the Premises in good condition and order, and shall keep such sidewalks and walkways [and areas behind the Building to which Tenant has access] free use of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall be made in compliance with the provisions of this lease (including Article 5).
Section 10.4 Tenant shall enter into and maintain, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, with a reputable service company, reasonably satisfactory to Landlord, for the HVAC Units serving the Premises. Tenant shall, from time to time, furnish Landlord with a copy of such service contract, within ten (10) days after request. If Tenant fails to obtain or maintain such service contract or to deliver to Landlord a copy of such contract upon request, Landlord may, at its option, enter into a service contract providing for the maintenance, repair, and servicing of the HVAC Units and bill Tenant for the charges due under such contract. Any such charges shall be paid by
Section 10.5 Subject to Section 13.4, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all damage to the Building resulting from any act or omission of Tenant, ▇▇▇▇▇▇’s subtenants, or any of Tenant’s or subtenants’ employees, agents, employees, invitees or contractors.
Section 10.6 Landlord shall have no liability to Tenant, the Rent shall not be abated, and Tenant shall not be deemed actually or constructively evicted by reason of Landlord performing any repairs or other work to all or any portion of the Premises and/or for outdoor storage. When used in this Article 14, the Real Propertyterm “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. Landlord shall endeavor maintain all HVAC systems serving the Building and the Premises. Tenant’s allocated share of Landlord’s cost for HVAC service, maintenance and repairs shall be included as a portion of Recognized Expenses.
(b) Landlord, throughout the Term of this Lease and at Landlord’s sole cost and expenses, shall make all necessary repairs to perform such repairs or other work in the footings and foundations and the structural steel columns and girders forming a manner that reasonably minimizes interference with the conduct part of ▇▇▇▇▇▇’s business in the Premises and damage the HVAC, plumbing and electric systems serving the Premises.
(c) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside of the Premises and the common areas, including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair. Tenant shall pay its Allocated Share of the cost of all repairs to be performed by Landlord pursuant to this Paragraph 14(c) as Additional Rent as provided, in Article 6 hereof.
(d) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. Tenant shall pay its Allocated Share of the cost of all work to be performed by Landlord pursuant to this Paragraph (d) as Additional Rent as provided in Article 6 hereof.
(e) Notwithstanding anything herein to the contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made at the sole cost and expense of Tenant’s Work .
(f) Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and Tenant’s Property, but the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof.
(g) Landlord is not required to employ overtime labor or incur additional expensesshall provide Tenant with a one year warranty on any defects in workmanship and materials from defects. The warranty shall become effective the Lease Commencement date in Exhibit B and expire one year thereafter.
Appears in 1 contract
Sources: Lease (Ameriquest, Inc.)
Repairs and Maintenance. Section 10.1 Landlord (a) Tenant shall at its own cost and expense keep, maintain and take good care of the premises and make all necessary repairs thereto, interior and exterior, non-structural, ordinary and extraordinary, and shall suffer no waste or nuisances; provided, however, that the cost of maintenance and repair of any common party wall (any wall, divider, partition or any other structure separating the premises from any adjacent premises occupied by other tenants) shall be shared equally by Tenant and the Tenant occupying adjacent premises. Tenant shall not damage any party wall or disturb the integrity and support provided by any party wall and shall, at Landlord’s expense, make all structural repairs needed to the exterior walls, structural columns, structural roof, and structural floors that enclose the Premises (excluding all doors, door frames, storefronts, windows and glass); provided that Tenant gives Landlord notice of the necessity for such repairs. Notwithstanding the foregoing, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all such repair costs to structural elements that are necessitated by the negligence or misconduct of Tenant, its employees, contractors, agents, subtenants, employees, customers and invitees.
Section 10.2 If the Premises are sprinklered, Tenant shall be responsible, at Tenant’s sole cost and expense, for maintainingpromptly repair any damage or injury to any party wall caused by Tenant or its employees, agents or invitees. At the end of the term or other termination of this lease, Tenant shall deliver the premises with all improvements thereon in good order and repair and in compliance with all Lawscondition, those elements of reasonable wear and tear only excepted. Landlord shall be responsible for maintaining the sprinkler system within roof, exterior walls and foundation throughout lease term.
(b) Tenant shall at its own cost and expense care for the Premisesgrounds around the buildings on the premises, including the repair regular mowing of grass, care of shrubs and replacement general landscaping, and maintenance of the sprinkler heads parking areas, driveways, alleys and pipes. If shall maintain the Premises are not sprinklered and a sprinkler system in the Premises is required under applicable Laws for Tenant’s Permitted Use or manner of use whole of the Premises, or Tenant’s Work requires premises in a clean and sanitary condition.
(c) In the installation event the premises constitute a portion of a sprinkler system in the Premisesmultiple occupancy building, Tenant shall install such system as part of Tenant’s Workand its employees, at Tenant’s expense.
Section 10.3 Subject to Articles 14 and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, all repairs and replacements needed to maintain in good condition and order the Premises and all installations, equipment and facilities thereincustomers, and all repairs licensees shall have the nonexclusive right to use, in common with the other parties occupying said building, the parking areas, driveways and replacements needed alleys adjacent to any plumbingsaid building, water, waste, heating, ventilating subject to such reasonable rules and air conditioning units (“HVAC Units”)regulations as Landlord may from time to time prescribe, and electric conduitsTenant shall, lines in lieu of their obligations set forth under subparagraph (b) above, be liable for its proportionate share of the cost and equipment located outside expense of the Premises that serve only care for the Premises. Without limiting grounds around the foregoingsaid building, including but subject to Articles 14 and 15 and Section 10.1not limited to, Tenant shall make all repairs and replacements required with respect to the HVAC Unitsmowing of grass, electrical and plumbing systems within the Premises and any rooftop or exterior air conditioning equipment or HVAC Units serving only the Premisescare of shrubs, any plumbing fixtures within the Premises (including sinks and toilets)general landscaping, and the plumbing linesmaintenance of parking areas, valves, driveways and pipes connected to or running from such fixtures to the point at which such lines, valves and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premisesalleys. Tenant shall also makereimburse Landlord monthly for the amount of its proportionate share of such costs and expenses in the event Landlord elects to perform or cause to be performed such work.
(d) In the event Tenant shall fail to maintain the demised premises or any paving, at Tenant’s expenselandscaping or milroad siding in accordance with this paragraph 6, such Landlord shall have the right (but not the obligation) to cause all repairs and replacements as are needed or other maintenance to keep the sidewalks and walkways abutting the Premises in good condition and order, and shall keep such sidewalks and walkways [and areas behind the Building to which Tenant has access] free of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall be made in compliance with and the provisions of this lease (including Article 5).
Section 10.4 Tenant shall enter into and maintain, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, with a reputable service company, reasonably satisfactory to Landlord, for the HVAC Units serving the Premises. Tenant shall, from time to time, furnish reasonable costs therefor expended by Landlord with a copy of such service contract, within ten (10) days after request. If Tenant fails to obtain or maintain such service contract or to deliver to Landlord a copy of such contract upon request, Landlord may, at its option, enter into a service contract providing for the maintenance, repair, and servicing of the HVAC Units and bill Tenant for the charges due under such contract. Any such charges shall be paid by
Section 10.5 Subject to Section 13.4, by Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all damage to the Building resulting from any act or omission of Tenant, ▇▇▇▇▇▇’s subtenants, or any of Tenant’s or subtenants’ employees, agents, employees, invitees or contractorson written demand. 7.
Section 10.6 Landlord shall have no liability to Tenant, the Rent shall not be abated, and Tenant shall not be deemed actually or constructively evicted by reason of Landlord performing any repairs or other work to all or any portion of the Premises and/or the Real Property. Landlord shall endeavor to perform such repairs or other work in a manner that reasonably minimizes interference with the conduct of ▇▇▇▇▇▇’s business in the Premises and damage to the Premises, Tenant’s Work and Tenant’s Property, but Landlord is not required to employ overtime labor or incur additional expenses.
Appears in 1 contract
Sources: Net Commercial Lease Agreement (Murray Income Properties Ii LTD)
Repairs and Maintenance. Section 10.1 Landlord shallLessor, at Landlord’s expense, make all structural repairs needed to the exterior walls, structural columns, structural roof, and structural floors that enclose the Premises (excluding all doors, door frames, storefronts, windows and glass); provided that Tenant gives Landlord notice of the necessity for such repairs. Notwithstanding the foregoing, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all such repair costs to structural elements that are necessitated by the negligence or misconduct of Tenant, its employees, contractors, agents, subtenants, employees, customers and invitees.
Section 10.2 If the Premises are sprinklered, Tenant shall be responsible, at Tenant’s sole cost and expense, for maintainingconsistent with Section 7 herein, shall maintain and keep in good order and repair and make any necessary replacements to the roof, concrete slab, footings, foundation, structural components, exterior walls, plumbing, heating and ventilation and air conditioning, fire protection, electrical, and all mechanical and building systems serving the Premises (except for any signage of Lessee permitted hereunder on such walls, and all improvements made by Tenant within the Premises, which shall be Lessee’s responsibility) and interior load-bearing walls of the building, and shall keep the paving of the parking areas and sidewalks serving the building in good condition and repair. If Lessor fails to comply with its maintenance obligations within one month of notice from Lessee, Lessee may undertake to hire or perform such maintenance and may deduct the actual cost of such from future Rent. Except for Lessor’s obligations set forth above, Lessee agrees to maintain the Premises in at least as good condition, order and repair as it is at the Commencement Date and in compliance with all applicable Laws, those elements of excepting only reasonable wear and tear arising from the sprinkler system use thereof. Lessee’s maintenance responsibilities hereunder shall include, but not be limited to, all repairs required in order to so maintain and preserve, in good, lawful condition, the Lessee’s Improvements and other Alterations and Lessee’s trade fixtures, and basic repairs of, or to, other fixtures, equipment and appurtenances in the Premises and building systems located within the Premises (including, but not limited to, the Premises’ plumbing, heating and ventilation and air conditioning, fire protection, electrical, and mechanical systems, lighting, all doors, overhead or otherwise, glass and windows, floors and carpeting, walls and wall coverings, ceilings located within the Premises, including the repair and replacement of the sprinkler heads and pipes. If the Premises are not sprinklered and a sprinkler system in the Premises is required under applicable Laws for Tenant’s Permitted Use or manner of use of the Premises, or Tenant’s Work requires the installation of a sprinkler system in the Premises, Tenant shall install such system as part of Tenant’s Work, at Tenant’s expense.
Section 10.3 Subject to Articles 14 and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, all repairs and replacements needed to maintain in good condition and order the Premises and all installations, equipment and facilities therein, and all repairs and replacements needed to any plumbing, water, waste, heating, ventilating and air conditioning units (“HVAC Units”), and electric conduits, lines and equipment located outside any signage of Lessee wherever located. Any repairs required to be made by Lessee to any or all of the Premises that serve only the Premises. Without limiting the foregoing, but subject to Articles 14 and 15 and Section 10.1, Tenant shall make all repairs and replacements required with respect to the HVAC Units, electrical and plumbing building systems within the Premises and any rooftop or exterior air conditioning equipment or HVAC Units serving only the Premises, any plumbing fixtures within shall be performed by appropriately licensed contractors. Lessee shall also cause the Premises (including sinks and toilets), and the plumbing lines, valves, and pipes connected to or running from such fixtures to the point at which such lines, valves and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premises. Tenant shall also make, at Tenant’s expense, such repairs and replacements as are needed to keep the sidewalks and walkways abutting the Premises in good condition and order, and shall keep such sidewalks and walkways [and areas behind the Building to which Tenant has access] free of rubbish, snow, ice and other obstructions, and otherwise be kept in a safe neat and clean condition. All such repairs and replacements shall be made in compliance with the provisions of this lease (including Article 5).
Section 10.4 Tenant shall enter into and maintain, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, orderly condition consistent with a reputable service company, reasonably satisfactory to Landlord, for the HVAC Units serving the Premises. Tenant shall, from time to time, furnish Landlord with a copy of such service contract, within ten (10) days after request. If Tenant fails to obtain or maintain such service contract or to deliver to Landlord a copy of such contract upon request, Landlord may, at its option, enter into a service contract providing for the maintenance, repair, and servicing of the HVAC Units and bill Tenant for the charges due under such contract. Any such charges shall be paid by
Section 10.5 Subject to Section 13.4, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all damage to the Building resulting from any act or omission of Tenant, ▇▇▇▇▇▇’s subtenants, or any of Tenant’s or subtenants’ employees, agents, employees, invitees or contractorsfirst-class office project.
Section 10.6 Landlord shall have no liability to Tenant, the Rent shall not be abated, and Tenant shall not be deemed actually or constructively evicted by reason of Landlord performing any repairs or other work to all or any portion of the Premises and/or the Real Property. Landlord shall endeavor to perform such repairs or other work in a manner that reasonably minimizes interference with the conduct of ▇▇▇▇▇▇’s business in the Premises and damage to the Premises, Tenant’s Work and Tenant’s Property, but Landlord is not required to employ overtime labor or incur additional expenses.
Appears in 1 contract
Repairs and Maintenance. Section 10.1 Landlord shall(a) Landlord, at Landlord’s expense, make all structural repairs needed to the exterior walls, structural columns, structural roof, and structural floors that enclose the Premises (excluding all doors, door frames, storefronts, windows and glass); provided that Tenant gives Landlord notice of the necessity for such repairs. Notwithstanding the foregoing, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all such repair costs to structural elements that are necessitated by the negligence or misconduct of Tenant, its employees, contractors, agents, subtenants, employees, customers and invitees.
Section 10.2 If the Premises are sprinklered, Tenant shall be responsible, at Tenant’s sole cost and expenseexpense (subject to reimbursement to the extent provided in Section 9), for maintaining, shall maintain and keep in good and working order and repair and make any necessary replacements to the Property including, without limitation, the following (except to the extent the same are contained in, and exclusively serve, the Premises in compliance with all Lawswhich case Tenant shall be responsible for such maintenance and repair): (i) the roof, those elements foundation, structural components, and exterior walls of the sprinkler system within the PremisesBuilding, including the repair exterior doors and replacement of the sprinkler heads and pipes. If the Premises are not sprinklered and a sprinkler system in the Premises is required under applicable Laws for Tenant’s Permitted Use or manner of use of the Premiseswindows, or Tenant’s Work requires the installation of a sprinkler system in the Premises(ii) walks, Tenant shall install such system as part of Tenant’s Worksidewalks, at Tenant’s expense.
Section 10.3 Subject to Articles 14 and 15 and Section 10.1: Tenant shall makeparking areas, at Tenant’s sole expensecurbs, all repairs and replacements needed to maintain in good condition and order the Premises and all installationsaccess ways, equipment and facilities thereindriveways, and all repairs other exterior areas, (iii) plumbing systems and replacements needed to any plumbingfixtures, water, waste, (iv) the heating, ventilating ventilation and air conditioning units systems, (“HVAC Units”)v) all electrical and mechanical systems, (vi) security systems, and electric conduits(vii) sprinkler and life-safety systems. Landlord shall keep all parking and other exterior areas free of accumulation of dirt, lines rubbish, snow and equipment located outside the Premises that serve only the Premisesice, and fully illuminated at night, and shall keep and maintain all landscaped areas in a neat and orderly condition. Without limiting the generality of the foregoing, but subject to Articles 14 and 15 and Section 10.1, Tenant Landlord shall make all repairs and replacements required by all applicable federal, state and local laws, regulations, ordinances and orders and/or by the requirements of any insurance underwriters or underwriting organizations. Notwithstanding anything contained herein or in the other provisions of the Lease to the contrary, Landlord shall have no repair, maintenance or compliance obligations with respect to the HVAC Unitsinterior of the Basement except to extent necessary to provide the utility services referred to in Section 11. Subject to Landlord's obligations set forth above, electrical and plumbing systems within Tenant agrees to maintain the interior of the Premises and any rooftop or exterior air conditioning equipment or HVAC Units serving only Excess Space occupied by Tenant in the Premisessame condition, any plumbing fixtures within order and repair as they are at the Premises (including sinks Commencement Date, excepting reasonable wear and toilets), tear arising from the use thereof and the plumbing lines, valves, and pipes connected to or running from such fixtures to the point at which such lines, valves and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units damage by fire or other utility or service to the Premisescasualty. In addition, Tenant shall also makehave the right, but not the obligation, at Tenant’s 's sole cost and expense, to take any steps that may be required by applicable law to permit the continued legal occupancy of the Basement (subject to the terms and provision of this Lease, including without limitation Landlord's consent rights to the extent required under Section 10, and subject to not materially interfering with the business operations of any other tenant in the Building), it being agreed that if Tenant elects not to take any such steps, Tenant shall have the right to vacate the Basement, in which event Tenant shall have no further obligations hereunder with respect to such space.
(b) If Landlord shall not commence any repairs or maintenance required hereunder within the fifteen (15) days following written notice from Tenant that such repairs and replacements as or maintenance are needed to keep the sidewalks and walkways abutting necessary (or if such failure is resulting in the Premises in good condition or a portion thereof being untenantable and orderLandlord has not commenced the same within 72 hours after written notice) then Tenant may, at its option, cause such repairs to be made and shall keep such sidewalks and walkways [and areas behind the Building to which Tenant has access] free of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall be made in compliance with the provisions of this lease (including Article 5).
Section 10.4 Tenant shall enter into and maintain, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, with a reputable service company, reasonably satisfactory to Landlord, for the HVAC Units serving the Premises. Tenant shall, from time to time, furnish Landlord with a copy statement of the cost of such service contract, repairs or maintenance upon substantial completion thereof. Landlord shall reimburse Tenant for the cost of such repairs within ten (10) days after request. If Tenant fails to obtain or maintain such service contract or to deliver to Landlord a copy of such contract upon request, Landlord may, at its option, enter into a service contract providing for the maintenance, repair, and servicing of the HVAC Units and bill Tenant for the charges due under such contract. Any such charges shall be paid by
Section 10.5 Subject to Section 13.4, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all damage to the Building resulting from any act or omission of Tenant, ▇▇▇▇▇▇’s subtenants, or any of Tenant’s or subtenants’ employees, agents, employees, invitees or contractors.
Section 10.6 Landlord shall have no liability to Tenant, the Rent shall not be abated, and Tenant shall not be deemed actually or constructively evicted by reason of Landlord performing any repairs or other work to all or any portion date of the Premises and/or statement from Tenant setting forth the Real Property. Landlord shall endeavor to perform such repairs or other work in a manner that reasonably minimizes interference with the conduct of ▇▇▇▇▇▇’s business in the Premises and damage to the Premises, Tenant’s Work and Tenant’s Property, but Landlord is not required to employ overtime labor or incur additional expensesamount due.
Appears in 1 contract
Sources: Lease Agreement (Syratech Corp)
Repairs and Maintenance. Section 10.1 Landlord shallA. Tenant covenants throughout the term, at Landlord’s its expense, to maintain in good order and repair the interior structure of the Leased Premises, and to maintain and replace when necessary, all window and door glass therein, interior and exterior, to maintain and repair all building service equipment therein including, but not limited to, electrical, plumbing, heating, air conditioning and sprinkler equipment, pipes, wires, ducts, fixtures and appliances; to make all structural ordinary and necessary repairs needed to any of the exterior wallsforegoing; to keep the Leased Premises in a safe, structural columns, structural roofclean, and structural floors that enclose sanitary condition; to provide for the removal of trash and rubbish; and to surrender the Leased Premises (excluding all doors, door frames, storefronts, windows and glass); provided that Tenant gives Landlord notice at the end of the necessity term in as good condition as when received except for such repairsordinary wear and use, fire or other unavoidable casualty.
B. Landlord will provide, at Tenant's expense, for inspection at least once each calendar quarter, of the heating, air conditioning and ventilating equipment (which inspection shall encompass the work described on Exhibit "E" attached hereto and made a part of), and provide for necessary repairs thereto. Notwithstanding the foregoing, Landlord will provide Tenant shall reimburse Landlord, as Additional Rent, with copies of all service calls and reports within thirty (30) days after any service call.
C. Landlord agrees to perform at its expense, maintenance, repair and replacement to the exterior and structural portions of being billed thereforthe Building, for all utility and Building systems not exclusively serving the Leased Premises and those located outside of the Leased Premises, the Common Areas, and the roof, gutters, downspouts, roof membrane, flashing and floor slab, except when such repair costs to structural elements that repairs are necessitated by negligence of the negligence or misconduct of Tenant, its employees, contractors, agents, subtenants, employees, customers and invitees.
Section 10.2 If D. During the Premises are sprinkleredInitial Lease Term, Tenant shall be responsible, at Tenant’s sole cost and expense, for maintaining, in good order and repair and in compliance with all Laws, those elements of the sprinkler system within the Premises, including the repair and replacement of capital items such as the sprinkler heads and pipes. If the Premises are not sprinklered and a sprinkler system in the Premises is required under applicable Laws for Tenant’s Permitted Use or manner of use roof, structural elements of the PremisesBuilding, or Tenant’s Work requires HVAC system components, utility connections, re-paving of parking lots and paved areas, etc. are to be the installation expense and responsibility of a sprinkler system in the Premises, Tenant shall install such system as part of Tenant’s Work, at Tenant’s expense.
Section 10.3 Subject to Articles 14 and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, all repairs and replacements needed to maintain in good condition and order the Premises and all installations, equipment and facilities therein, and all repairs and replacements needed to any plumbing, water, waste, heating, ventilating and air conditioning units (“HVAC Units”), and electric conduits, lines and equipment located outside the Premises that serve only the Premises. Without limiting the foregoing, but subject to Articles 14 and 15 and Section 10.1, Tenant shall make all repairs and replacements required with respect to the HVAC Units, electrical and plumbing systems within the Premises and any rooftop or exterior air conditioning equipment or HVAC Units serving only the Premises, any plumbing fixtures within the Premises (including sinks and toilets), and the plumbing lines, valves, and pipes connected to or running from such fixtures to the point at which such lines, valves and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premises. Tenant shall also make, at Tenant’s expense, such repairs and replacements as are needed to keep the sidewalks and walkways abutting the Premises in good condition and order, and shall keep such sidewalks and walkways [and areas behind the Building to which Tenant has access] free of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall be made in compliance with the provisions of this lease (including Article 5).
Section 10.4 Tenant shall enter into and maintain, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, with a reputable service companyno reimbursement by Tenant. Thereafter, reasonably satisfactory during any extension or renewal of the Lease Term, the cost of these items are to Landlord, for the HVAC Units serving the Premises. Tenant shall, from time to time, furnish Landlord with a copy of such service contract, within ten (10) days after request. If Tenant fails to obtain or maintain such service contract or to deliver to Landlord a copy of such contract upon request, Landlord may, at its option, enter into a service contract providing for the maintenance, repairbe amortized over their useful life, and servicing only the annual amortized portion of the HVAC Units and bill Tenant for the charges due under such contract. Any such charges these costs shall be paid by
Section 10.5 Subject to Section 13.4, Tenant shall reimburse Landlord, "Annual Amortized Costs" passed through as Additional Rent, within thirty (30) days of being billed therefor, for all damage to the Building resulting from any act or omission of Tenant, ▇▇▇▇▇▇’s subtenants, or any of Tenant’s or subtenants’ employees, agents, employees, invitees or contractorsan Annual Operating Expense.
Section 10.6 Landlord shall have no liability to Tenant, the Rent shall not be abated, and Tenant shall not be deemed actually or constructively evicted by reason of Landlord performing any repairs or other work to all or any portion of the Premises and/or the Real Property. Landlord shall endeavor to perform such repairs or other work in a manner that reasonably minimizes interference with the conduct of ▇▇▇▇▇▇’s business in the Premises and damage to the Premises, Tenant’s Work and Tenant’s Property, but Landlord is not required to employ overtime labor or incur additional expenses.
Appears in 1 contract
Sources: Lease Agreement (Astropower Inc)
Repairs and Maintenance. Section 10.1 18.1 Landlord shall, at Landlord’s expense, make all structural repairs needed to the exterior walls, structural columns, structural roof, and structural floors that enclose the Premises (excluding all doors, door frames, storefronts, windows and glass); provided that Tenant gives Landlord notice of the necessity for such repairs. Notwithstanding the foregoing, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all such repair costs to structural elements that are necessitated by the negligence or misconduct of Tenant, its employees, contractors, agents, subtenants, employees, customers and invitees.
Section 10.2 If the Premises are sprinklered, Tenant shall be responsible, at Tenant’s sole own cost and expense, for maintainingand without any cost or expense to Tenant, promptly (i) repair any defects in the design, materials or construction of the Project Work pursuant to the extent of its warranties set forth in Section 14.3, and (ii) make any necessary improvements to the Premises to comply with requirements of applicable covenants and restrictions, underwriter requirements, or laws applicable to the Premises as of the Term Commencement Date.
18.2 Landlord shall, throughout the term of this Lease, subject to reimbursement from Tenant as Operating Expenses to the extent set forth in Article 7, keep and maintain in good, sanitary and neat order, condition, and repair, the Premises and every part thereof other than Tenant's property which is removable by Tenant at the termination of the Lease pursuant to Section 30.3 ("Tenant's Removable Property") (subject to wear and tear consistent with commercially reasonable maintenance and repair standards applicable to comparable buildings), and any portion of Tenant's Removable Property as Tenant may from time to time request. Without in any way limiting the foregoing, Landlord shall maintain the lines designating the parking spaces in good order condition and paint the same as often as may be necessary, so that they are easily discernible at all times; resurface the parking areas as necessary to maintain it in good condition; paint any exterior portions of the Building as necessary to maintain them in good condition; and maintain the roof in good condition. The parties hereto contemplate that Landlord's maintenance responsibilities will for the most part be fulfilled through the use of third-party service contracts, including service contracts for elevator maintenance, HVAC maintenance, commercial sweeping, landscape maintenance, pest control, exterior trash removal, exterior window washing, and certain fire, life and safety servicing. Tenant reserves the right to require Landlord to change service providers from time to time if Tenant is dissatisfied with cost or performance, and Tenant reserves the right to assume any such duties itself.
18.3 Except as otherwise set forth in Section 18.2, Tenant shall, throughout the term of this Lease, at its own cost and expense and without any cost or expense to Landlord, keep and maintain that portion of the Tenant Improvements constituting Tenant's Removable Property in good, sanitary and neat order, condition, and repair (subject to wear and in compliance tear consistent with all Lawscommercially reasonable maintenance and repair standards applicable to comparable buildings), those elements of the sprinkler system within the Premises, including the repair and replacement of the sprinkler heads shall provide its own janitorial and pipes. If security services.
18.4 Tenant hereby waives Civil Code Sections 1941 and 1942 relating to a landlord's duty to maintain the Premises are not sprinklered in a tenantable condition, and a sprinkler system under said sections or under any law, statute or ordinance now or hereafter in effect to make repairs at Landlord's expense.
18.5 There shall be no abatement of Rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the Premises is required under applicable Laws for Tenant’s Permitted Use making of any repairs, alterations or manner of use improvements in or to any portion of the Premises, or Tenant’s Work requires the installation of a sprinkler system in the Premisesor to improvements, Tenant shall install such system as part of Tenant’s Work, at Tenant’s expense.
Section 10.3 Subject to Articles 14 and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, all repairs and replacements needed to maintain in good condition and order the Premises and all installationsfixtures, equipment and facilities personal property therein, provided that (i) such repairs, alterations or 21 improvements are not occasioned by the negligence or willful and all repairs and replacements needed to any plumbing, water, waste, heating, ventilating and air conditioning units (“HVAC Units”)wanton misconduct of Landlord, and electric conduits, lines (ii) Landlord makes commercially reasonable efforts to comply with its repair and equipment located outside the Premises that serve only replacement obligations under this Article 18 at such times and in such manner as do not unreasonably interfere with Tenant's use or occupancy of the Premises. Without limiting If repairs or replacements become necessary which by the foregoingterms of this Lease are the responsibility of Tenant and Tenant fails to make the repairs or replacements, but subject Landlord may do so pursuant to Articles 14 and 15 and Section 10.1, Tenant shall make all repairs and replacements required with respect to the HVAC Units, electrical and plumbing systems within the Premises and any rooftop or exterior air conditioning equipment or HVAC Units serving only the Premises, any plumbing fixtures within the Premises (including sinks and toilets), and the plumbing lines, valves, and pipes connected to or running from such fixtures to the point at which such lines, valves and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premises. Tenant shall also make, at Tenant’s expense, such repairs and replacements as are needed to keep the sidewalks and walkways abutting the Premises in good condition and order, and shall keep such sidewalks and walkways [and areas behind the Building to which Tenant has access] free of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall be made in compliance with the provisions of Section 24.3 of this lease (including Article 5)Lease.
Section 10.4 Tenant shall enter into 18.6 Because of security and maintainoperational concerns, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory access to Landlord, with a reputable service company, reasonably satisfactory to Landlord, for the HVAC Units serving the Premises. Tenant shall, from time to time, furnish Landlord with a copy of such service contract, within ten (10) days after request. If Tenant fails to obtain or maintain such service contract or to deliver to Landlord a copy of such contract upon request, Landlord may, at its option, enter into a service contract providing for the maintenance, repair, and servicing interior of the HVAC Units and bill Tenant for the charges due under such contract. Any such charges Building by service providers shall be paid by
Section 10.5 Subject to Section 13.4, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all damage to the Building resulting from any act or omission of Tenant, ▇▇▇▇▇▇’s subtenants, or any of Tenant’s or subtenants’ employees, agents, employees, invitees or contractors.
Section 10.6 Landlord shall have no liability allowed only upon reasonable advance notice to Tenant, the Rent shall not and upon such reasonable conditions as may be abated, and Tenant shall not be deemed actually or constructively evicted imposed by reason of Landlord performing any repairs or other work to all or any portion of the Premises and/or the Real Property. Landlord shall endeavor to perform such repairs or other work in a manner that reasonably minimizes interference with the conduct of ▇▇▇▇▇▇’s business in the Premises and damage to the Premises, Tenant’s Work and Tenant’s Property, but Landlord is not required to employ overtime labor or incur additional expenses.
Appears in 1 contract
Sources: Lease (Globix Corp)
Repairs and Maintenance. Section 10.1 Landlord shall, at Landlord’s expense, make all structural repairs needed With respect to the exterior walls, structural columns, structural roof, and structural floors that enclose the Premises (excluding all doors, door frames, storefronts, windows and glass); provided that Tenant gives Landlord notice of the necessity for such repairs. Notwithstanding the foregoing, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all such repair costs to structural elements that are necessitated by the negligence or misconduct of Tenant, its employees, contractors, agents, subtenants, employees, customers and invitees.
Section 10.2 If the Premises are sprinklered, Tenant shall be responsible, at Tenant’s sole cost and expense, for maintaining, in good order and repair and in compliance with all Laws, those elements of the sprinkler system within the Premises, including the repair and replacement of the sprinkler heads and pipes. If the Premises are not sprinklered and a sprinkler system in the Premises is required under applicable Laws for Tenant’s Permitted Use or manner of use of the Premises, or Tenant’s Work requires the installation of a sprinkler system in the Premises, Tenant shall install such system as part of Tenant’s Work, at Tenant’s expense.maintenance obligations:
Section 10.3 Subject to Articles 14 and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, all repairs and replacements needed to maintain in good condition and order the Premises and all installations, equipment and facilities therein, and all repairs and replacements needed to any plumbing, water, waste, heating, ventilating and air conditioning units (“HVAC Units”), and electric conduits, lines and equipment located outside the Premises that serve only the Premises. Without limiting the foregoing, but subject to Articles 14 and 15 and Section 10.1, Tenant shall make all repairs and replacements required with respect to the HVAC Units, electrical and plumbing systems within the Premises and any rooftop or exterior air conditioning equipment or HVAC Units serving only the Premises, any plumbing fixtures within the Premises (including sinks and toilets), and the plumbing lines, valves, and pipes connected to or running from such fixtures to the point at which such lines, valves and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premises. Tenant shall also make, at Tenant’s expense, such repairs and replacements as are needed to keep the sidewalks and walkways abutting the Premises in good condition and order, and shall keep such sidewalks and walkways [and areas behind the Building to which Tenant has access] free of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall be made in compliance with the provisions of this lease (including Article 5).
Section 10.4 Tenant shall enter into and maintain, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, with a reputable service company, reasonably satisfactory to Landlord, for the HVAC Units serving the Premises. Tenant shall, from time to time, furnish Landlord with a copy of such service contract, within ten (10A) days after request. If Tenant fails to obtain or maintain such service contract or to deliver to Landlord a copy of such contract upon request, Landlord may, at its option, enter into a service contract providing for the maintenance, repair, and servicing of the HVAC Units and bill Tenant for the charges due under such contract. Any such charges shall be paid by
Section 10.5 Subject to Section 13.4, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all damage to the Building resulting from any act or omission of Tenant, ▇▇▇▇▇▇’s subtenantsObligation to Repair and Maintain. Tenant shall be responsible for repairing and maintaining the Demised Premises in good condition and of making such modification or replacements thereof as may be necessary or required by law or ordinance, specifically including but not limited to the followings: - Foundation and structural components of the building - Roof, Gutters and downspouts - Exterior walls (but excluding windows, doors, window and door frames, glass) - Parking Lot, Driveway and Sidewalks Tenant shall keep and maintain the Demised Premises in good repair and order at all times. Tenant shall be responsible for the maintenance, repair and replacement of, but not limited to, the following: - Heating, ventilation and air-conditioning systems - Windows, doors, window and door frames, glass - Plumbing - Electrical Systems - Doors and operation efficiencies thereof
B) Remodeling. Tenant shall not do the following: - Paint, decorate, or any way change the exterior (or the appearance) of Tenant’s the Demised Premises without prior written consent of Landlord. - Remodel, make additions, alterations or subtenants’ employeesstructural changes to the interior of the Demised Premises without prior written consent of Landlord, agents, employees, invitees or contractors.
Section 10.6 Landlord shall have no liability to Tenant, the Rent shall which consent will not be abatedunreasonably withheld. - Remove, and Tenant shall not be deemed actually penetrate or constructively evicted by reason of Landlord performing otherwise alter any repairs or other work to all or any portion of the Premises and/or structural interior or Exterior walls without prior written consent of Landlord. - Enter upon the Real Property. Landlord shall endeavor to perform such repairs roof or other work in a manner that reasonably minimizes interference with install or place any equipment, lines, wires, displays, advertising or anything else whatsoever thereon without the conduct prior written consent of ▇▇▇▇▇▇Landlord, which consent may be denied, conditioned or withheld at Landlord’s business in the Premises and damage to the Premises, Tenant’s Work and Tenant’s Property, but Landlord is not required to employ overtime labor or incur additional expensessole discretion.
Appears in 1 contract
Sources: Lease Agreement (UC Asset LP)
Repairs and Maintenance. Section 10.1 Landlord shall, at Landlord’s expense, make all structural repairs needed to the exterior walls, structural columns, structural roof, and structural floors that enclose the Premises (excluding all doors, door frames, storefronts, windows and glass); provided that Tenant gives Landlord notice of the necessity for such repairs. Notwithstanding the foregoing, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all such repair costs to structural elements that are necessitated by the negligence or misconduct of Tenant, its employees, contractors, agents, subtenants, employees, customers and invitees.
Section 10.2 If the Premises are sprinklered, The Tenant shall be responsibleresponsible for and shall be liable for the cost of repairing all damage caused by the Tenant's act or neglect. This includes damage caused by the Tenant's family, at Tenant’s sole cost domestic employees, and expensevisitors. Tenant shall keep and maintain the Premises in neat, clean, safe and sanitary condition. It is further understood that Tenant shall:
(a) allow vehicles to be driven or parked only in the driveway or garage;
(b) keep the furnace clean and change the filter in the air conditioner and/or furnace as needed for maintainingoptimum efficiency and safety;
(c) keep the walks and driveway free from dirt, in good order garbage, snow and repair ice;
(d) keep nothing flammable or dangerous on the Premises;
(e) remove from the Premises all garbage and in debris and take to the curb for collection, or as provided by municipality or refuse disposal service and comply with all state and municipal rules and regulations regarding garbage separation. Tenant shall be responsible for any fines levied against the Premises for non-compliance with such rules;
(f) use all Lawselectric, those elements plumbing and other facilities safely;
(g) do nothing to cause a cancellation or an increase in the cost of Landlord's fire or liability insurance;
(h) use no more electricity than the wiring or feeders to the Premises can safely carry;
(i) obey any written instructions of the sprinkler system within Landlord for the care and use of appliances, equipment and other personal property on the Premises
(j) do nothing to destroy, including the repair and replacement of the sprinkler heads and pipes. If the Premises are not sprinklered and a sprinkler system in the Premises is required under applicable Laws for Tenant’s Permitted Use deface, damage, or manner of use remove any part of the Premises;
(k) do nothing to destroy the peace and quiet of the Landlord, other Tenants or Tenant’s Work requires the installation of a sprinkler system persons in the Premisesneighborhood;
(l) be responsible for maintaining the lawn, shrubs, weeding, trees, and for removing leaves;
(m) be responsible for all minor repairs, defined as those repairs under $100.00. The Tenant shall install such system as part must comply with laws, orders, rules and requirements of Tenant’s Work, at Tenant’s expense.
Section 10.3 Subject governmental authorities and insurance companies which have issued or are about to Articles 14 and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, all repairs and replacements needed issue policies covering this property or its contents. The Landlord agrees to maintain in good condition and order repair the Premises and all installations, equipment and facilities therein, and all repairs and replacements needed to any plumbing, water, waste, heating, ventilating and air conditioning units (“HVAC Units”), and electric conduits, lines and equipment located outside with reasonable promptness when the Premises that serve only the Premises. Without limiting the foregoing, but subject to Articles 14 and 15 and Section 10.1, Tenant shall make all repairs and replacements required with respect to the HVAC Units, electrical and plumbing systems within the Premises and any rooftop or exterior air conditioning equipment or HVAC Units serving only the Premises, any plumbing fixtures within the Premises (including sinks and toilets), and the plumbing lines, valves, and pipes connected to or running from such fixtures to the point at which such lines, valves and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premises. Tenant shall also make, at Tenant’s expense, such repairs and replacements as are needed to keep the sidewalks and walkways abutting the Premises in good condition and order, and shall keep such sidewalks and walkways [and areas behind the Building to which Tenant has access] free of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall be made in compliance with the provisions of this lease (including Article 5).
Section 10.4 Tenant shall enter into and maintain, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, with a reputable service company, reasonably satisfactory to Landlord, for the HVAC Units serving the Premises. Tenant shall, from time to time, furnish Landlord with a copy of such service contract, within ten (10) days after request. If Tenant fails to obtain or maintain such service contract or to deliver to Landlord a copy of such contract upon request, Landlord may, at its option, enter into a service contract providing for the maintenance, repair, and servicing of the HVAC Units and bill Tenant for the charges due under such contract. Any such charges shall be paid by
Section 10.5 Subject to Section 13.4, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all damage to the Building resulting from any act or omission of Tenant, problem is caused by ▇▇▇▇▇▇’s subtenants, 's reasonable wear and tear or any of by forces beyond the Tenant’s or subtenants’ employees, agents, employees, invitees or contractors.
Section 10.6 Landlord shall have no liability to Tenant, the Rent shall not be abated, and Tenant shall not be deemed actually or constructively evicted by reason of Landlord performing any repairs or other work to all or any portion of the Premises and/or the Real Property's control. Landlord shall endeavor to perform such repairs or other work in It is further understood that while it is a manner that reasonably minimizes interference with the conduct of ▇▇▇▇▇▇’s business in the Premises and damage 's obligation to the Premisespay rent, Tenant’s Work and Tenant’s Property, but it is a Landlord's obligation to maintain a habitable unit. The Landlord is not required responsible for any inconvenience or interruption of services due to employ overtime labor repairs, improvements or incur additional expensesfor any reason beyond the Landlord's control.
Appears in 1 contract
Sources: Residential Lease Agreement
Repairs and Maintenance. Section 10.1 Landlord shall4.1 Lessee shall be responsible for providing general janitorial service. Lessee shall be responsible for all repairs and maintenance in connection with damage to the Premises caused by Lessee’s negligent used of Premises, at Landlordand damage to fixtures and improvements resulting from negligent or willful acts of the Lessee, or the Lessee’s expenseemployees, agents, licenses or invitees. In addition, Lessee shall repair all injury caused by the installation or removal of furniture, fixtures or property permitted under this Lease to be removed from the Leased Premises. All such repairs shall be made in a good, workmanlike manner using high quality materials.
4.2 Lessor shall maintain the foundation, roof, plumbing, heating, ventilation and air conditioning systems (“HVAC”) and structural integrity of the Leased Premises and shall make all structural such necessary repairs needed to the foundation, roof plumbing, HVAC and structural integrity of the Leased Premises, except that Lessee shall make those repairs occasioned by Lessee’s negligent use of the Leased Premises. Lessor’s Duty
4.3 Lessor shall construct, repair and maintain the Leased Premises so that the Premises will have:
1) Effective waterproofing and weather protection of the contents of the Leased Premises by watertight roof, exterior walls, structural columns, structural roofwindows, and structural floors doors.
2) Plumbing facilities that enclose conform to applicable law, maintained in good working order.
3) A water supply approved under applicable law that is under the Premises control of Lessee, capable of producing hot and cold running water, or a system that is under the control of Lessor that produces hot and cold running water furnished to Lessee and connected to a sewage disposal system conforming to applicable law.
4) Heating, ventilation and air conditioning facilities conforming to applicable law which are more than adequate to heat, ventilate and air condition the improvements on the Leased Premises, and are maintained in good-working order.
5) Electrical lighting, with wiring and electrical equipment that conform to applicable law, maintained in good working order.
6) Building, grounds, and appurtenances in every part clean, sanitary, and free from all accumulations of debris, and all areas under control of Lessor kept in every part clean, sanitary, and free from all accumulations of debris.
7) Floor, stairways, and railings maintained in good repair.
8) Landscaping (excluding all doorsgreenery, door frameswatering, storefrontsand maintenance).
9) Parking Lot (including painting, windows and glass); provided that Tenant gives Landlord striping, paving, etc.) Lessee’s Right to Repair for Lessor or Vacate
(a) If after Lessee’s notice to Lessor of the necessity for repairs or maintenance which Lessor has a duty to undertake, Lessor neglects to make such repairs. Notwithstanding the foregoing, Tenant shall reimburse Landlord, as Additional Rent, repairs within thirty (30) days of being billed thereforfollowing written notice from Lessee, for all Lessee may make the repairs itself. In such repair costs to structural elements that are necessitated by a case, Lessee may deduct the negligence or misconduct of Tenant, its employees, contractors, agents, subtenants, employees, customers and invitees.
Section 10.2 If the Premises are sprinklered, Tenant shall be responsible, at Tenant’s sole cost and expense, for maintaining, in good order and repair and in compliance with all Laws, those elements expenses of the sprinkler system within the Premisesrepairs from further payment of rent, including the repair and replacement terminate this Lease Agreement as of the sprinkler heads and pipes. If the Premises are not sprinklered and a sprinkler system in the Premises is required under applicable Laws for Tenant’s Permitted Use or manner of use of the Premises, or Tenant’s Work requires the installation of a sprinkler system in the Premises, Tenant shall install such system as part of Tenant’s Work, at Tenant’s expense.
Section 10.3 Subject to Articles 14 and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, all repairs and replacements needed to maintain in good condition and order the Premises and all installations, equipment and facilities therein, and all repairs and replacements needed to any plumbing, water, waste, heating, ventilating and air conditioning units (“HVAC Units”), and electric conduits, lines and equipment located outside the Premises that serve only the Premises. Without limiting the foregoing, but subject to Articles 14 and 15 and Section 10.1, Tenant shall make all repairs and replacements required with respect to the HVAC Units, electrical and plumbing systems within date Lessee vacates the Premises and any rooftop or exterior air conditioning equipment or HVAC Units serving only rental shall be abated for the Premisesunexpired term of this Lease.
(b) For purposes of this Section 4.4, any plumbing fixtures within if Lessor makes repairs at least fifteen (15) days following the Premises (including sinks and toilets)date of Lessee’s notice to Lessor, and the plumbing lines, valves, and pipes connected it will be presumed to or running from such fixtures to the point at which such lines, valves and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premises. Tenant shall also make, at Tenant’s expense, such repairs and replacements as are needed to keep the sidewalks and walkways abutting the Premises in good condition and order, and shall keep such sidewalks and walkways [and areas behind the Building to which Tenant has access] free of rubbish, snow, ice and other obstructions, and otherwise have acted in a safe and clean condition. All such repairs and replacements shall be made in compliance with the provisions of this lease (including Article 5)reasonable time.
Section 10.4 Tenant shall enter into and maintain, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, with a reputable service company, reasonably satisfactory to Landlord, for the HVAC Units serving the Premises. Tenant shall, from time to time, furnish Landlord with a copy of such service contract, within ten (10) days after request. If Tenant fails to obtain or maintain such service contract or to deliver to Landlord a copy of such contract upon request, Landlord may, at its option, enter into a service contract providing for the maintenance, repair, and servicing of the HVAC Units and bill Tenant for the charges due under such contract. Any such charges shall be paid by
Section 10.5 Subject to Section 13.4, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all damage to the Building resulting from any act or omission of Tenant, ▇▇▇▇▇▇’s subtenants, or any of Tenant’s or subtenants’ employees, agents, employees, invitees or contractors.
Section 10.6 Landlord shall have no liability to Tenant, the Rent shall not be abated, and Tenant shall not be deemed actually or constructively evicted by reason of Landlord performing any repairs or other work to all or any portion of the Premises and/or the Real Property. Landlord shall endeavor to perform such repairs or other work in a manner that reasonably minimizes interference with the conduct of ▇▇▇▇▇▇’s business in the Premises and damage to the Premises, Tenant’s Work and Tenant’s Property, but Landlord is not required to employ overtime labor or incur additional expenses.
Appears in 1 contract
Sources: Lease Agreement
Repairs and Maintenance. Section 10.1 Landlord 17.01. Tenant shall, at Landlord’s expensethroughout the Term, make all structural repairs needed to take good care of the exterior wallsDemised Premises, structural columns, structural roofthe fixtures and appurtenances therein, and structural floors that enclose the Premises (excluding all doorsshall not do, door framessuffer, storefronts, windows and glass); provided that Tenant gives Landlord notice of the necessity for such repairsor permit any waste with respect thereto. Notwithstanding the foregoingExcept as set forth in Article 17.02 below, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for keep and maintain all such repair costs to structural elements that are necessitated by the negligence or misconduct of Tenant, its employees, contractors, agents, subtenants, employees, customers interior and invitees.
Section 10.2 If the Premises are sprinklered, Tenant shall be responsible, at Tenant’s sole cost and expense, for maintaining, in good order and repair and in compliance with all Laws, those elements exterior portions of the sprinkler system within the PremisesDemised Premises including, including the repair and replacement of the sprinkler heads and pipes. If the Premises are not sprinklered and a sprinkler system in the Premises is required under applicable Laws for Tenant’s Permitted Use or manner of use of the Premises, or Tenant’s Work requires the installation of a sprinkler system in the Premises, Tenant shall install such system as part of Tenant’s Work, at Tenant’s expense.
Section 10.3 Subject to Articles 14 and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expensewithout limitation, all repairs Building equipment, windows, doors, loading bay doors and replacements needed to maintain in good condition shelters, plumbing and order the Premises and all installations, equipment and facilities therein, and all repairs and replacements needed to any plumbing, water, wasteelectrical systems, heating, ventilating and air conditioning units (“HVAC UnitsHVAC”), and electric conduits, lines and equipment located outside the Premises that serve only the Premises. Without limiting the foregoing, but subject to Articles 14 and 15 and Section 10.1, Tenant shall make all repairs and replacements required with respect to the HVAC Units, electrical and plumbing systems within the Premises and any rooftop or exterior air conditioning equipment or HVAC Units serving only the Premises, any plumbing fixtures within the Premises (including sinks and toilets)) systems, and the plumbing linesroof components (i.e., valvesthe roof membrane, leaders, gutters, flashing, etc.) in a clean and pipes connected to or running from such fixtures to the point at which such lines, valves orderly condition and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premisesin good order and repair. Tenant shall also makekeep and maintain all floors, at sidewalks, landscaping (including lawn areas), curbing, paving whether in driveways, parking areas or access easements, including but not limited to the maintenance of the exterior grounds in accordance with the requirements of Exhibit F annexed hereto. The phrase “keep and maintain” as used herein includes repairs, replacement and/or restoration as appropriate. Tenant shall maintain the exterior areas of the Demised Premises free of accumulation of snow, ice, dirt and rubbish. Tenant shall not permit or suffer any over-loading of the floors of the Building. Tenant shall be responsible for all repairs, interior and exterior, structural and nonstructural, ordinary and extraordinary, in and to the Demised Premises, including the Building and Land and the facilities and systems thereof, the need for which arises out of (a) the performance or existence of the Tenant’s expenseWork or alterations, such repairs and replacements as are needed to keep (b) the sidewalks and walkways abutting installation, use or operation of the Premises in good condition and order, and shall keep such sidewalks and walkways [and areas behind the Building to which Tenant has access] free of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall be made in compliance with the provisions of this lease (including Article 5).
Section 10.4 Tenant shall enter into and maintain, at Tenant’s expenseProperty in the Demised Premises, a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, with a reputable service company, reasonably satisfactory to Landlord, for (c) the HVAC Units serving the Premises. Tenant shall, from time to time, furnish Landlord with a copy of such service contract, within ten (10) days after request. If Tenant fails to obtain or maintain such service contract or to deliver to Landlord a copy of such contract upon request, Landlord may, at its option, enter into a service contract providing for the maintenance, repair, and servicing moving of the HVAC Units and bill Tenant’s Property in or out of the Building, or (d) the act, omission, misuse or neglect of Tenant for the charges due under such contract. Any such charges shall be paid by
Section 10.5 Subject to Section 13.4, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all damage to the Building resulting from any act or omission of Tenant, ▇▇▇▇▇▇’s subtenants, or any of Tenant’s its subtenants or subtenants’ its or their employees, agents, employeescontractors or invitees. Upon request by Landlord, invitees or contractors.
Section 10.6 Landlord shall have no liability to Tenant, the Rent shall not be abated, and Tenant shall not furnish Landlord with true and complete copies of maintenance contracts and with copies of all invoices for work performed, confirming Tenant’s compliance with its obligations under this Article. Tenant shall promptly replace all scratched, damaged or broken doors and glass in and about the Demised Premises and shall be deemed actually or constructively evicted by reason responsible for all repairs, maintenance and replacement of Landlord performing any repairs or other work to all or any portion of the Premises and/or the Real Property. Landlord shall endeavor to perform such repairs or other work in a manner that reasonably minimizes interference with the conduct of ▇▇▇▇▇▇’s business wall and floor coverings in the Demised Premises and damage to for the Premises, Tenant’s Work repair and Tenant’s Property, but Landlord is not required to employ overtime labor or incur additional expensesmaintenance of all sanitary and electrical fixtures and equipment therein.
Appears in 1 contract
Sources: Lease Agreement (Switch & Data Facilities Company, Inc.)
Repairs and Maintenance. Section 10.1 a. Landlord shallshall have no obligation to alter, at Landlord’s expenseremodel, improve, repair, decorate or paint the Premises, except as otherwise expressly provided in the Lease. It is hereby understood and agreed that no representations regarding the condition of the Premises have been made by Landlord to Tenant, except as expressly set forth in this Lease. Landlord shall not be liable for any failure to make all any repairs or to perform any maintenance.
b. Landlord shall keep and maintain in good order, condition and repair, the heating units and electrical serving the Premises, foundation, exterior walls (except glass materials used in structural repairs needed to the exterior wallsportions), structural columns, structural roof, roof and structural floors that enclose the Premises (excluding all doors, door frames, storefronts, windows and glass); provided that Tenant gives Landlord notice parts of the necessity for such repairsfloor. Notwithstanding However, in the foregoing, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days event of being billed therefor, for all such repair costs any damage to structural elements that are necessitated any of the foregoing caused by the negligence any intentional or misconduct negligent act of Tenant, its employees, agents, invitees, licensees or contractors, agents, subtenants, employees, customers and invitees.
Section 10.2 If then the Premises are sprinklered, Tenant shall be responsible, at Tenant’s sole cost and expense, for maintaining, in good order and repair and in compliance with all Laws, those elements of the sprinkler system within the Premises, including the repair and replacement of the sprinkler heads and pipes. If the Premises are not sprinklered and a sprinkler system in the Premises is required under applicable Laws for Tenant’s Permitted Use or manner of use of the Premises, or Tenant’s Work requires the installation of a sprinkler system in the Premises, Tenant shall install such system as part of Tenant’s Work, at Tenant’s expense.
Section 10.3 Subject to Articles 14 and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, all repairs and replacements needed to maintain in good condition and order the Premises and all installations, equipment and facilities therein, and all repairs and replacements needed to any plumbing, water, waste, heating, ventilating and air conditioning units (“HVAC Units”), and electric conduits, lines and equipment located outside the Premises that serve only the Premises. Without limiting the foregoing, but subject to Articles 14 and 15 and Section 10.1, Tenant shall make all repairs and replacements required with respect to the HVAC Units, electrical and plumbing systems within the Premises and any rooftop or exterior air conditioning equipment or HVAC Units serving only the Premises, any plumbing fixtures within the Premises (including sinks and toilets), and the plumbing lines, valves, and pipes connected to or running from such fixtures to the point at which such lines, valves and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premises. Tenant shall also make, at Tenant’s expense, such repairs and replacements as are needed to keep the sidewalks and walkways abutting the Premises in good condition and order, and shall keep such sidewalks and walkways [and areas behind the Building to which Tenant has access] free of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall be made in compliance with the provisions of this lease (including Article 5).
Section 10.4 Tenant shall enter into and maintain, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, with a reputable service company, reasonably satisfactory to Landlord, for the HVAC Units serving the Premises. Tenant shall, from time to time, furnish Landlord with a copy of such service contract, within ten (10) days after request. If Tenant fails to obtain or maintain such service contract or to deliver to Landlord a copy of such contract upon request, Landlord may, at its option, enter put or cause the same to be put into a service contract providing condition and state of repair necessary, and in such case the Tenant, on demand, shall pay the cost thereof.
c. Landlord shall be responsible for general outside maintenance of the Building. All such maintenance which is the responsibility of the Landlord shall be provided as reasonably necessary to the comfortable use and occupancy of the Premises during business hours, except Saturdays, Sundays and holidays, upon the condition that the Landlord shall not be liable for damages for failure to do so due to causes beyond its control. Landlord shall be responsible for snowplowing parking areas and walkways.
d. Except as otherwise stated herein, Tenant shall, at all times during the term of the Lease, at its own cost and expense, keep the Premises in good condition and repair, including but not limited to windows, glass and plate glass, doors, interior walls and finish work, partitions, floors and floor coverings, plumbing work and fixtures, appliances, signs, lights, fixtures, and equipment furnished by Landlord, excepting damage by fire, or other casualty, and in compliance with all applicable governmental laws, ordinances and regulations, promptly complying with all governmental orders and directives for the correction, prevention and abatement of any violations or nuisances in or upon, or connected with, the Premises. In the event that Tenant fails to adequately repair or maintain the Premises, Landlord reserves the right to perform any and all repairs or maintenance on the Premises. In the event that Landlord performs any such repairs or maintenance, repair, and servicing of the HVAC Units and bill Tenant for the charges due under such contract. Any such charges shall be paid by
Section 10.5 Subject to Section 13.4, Tenant shall reimburse LandlordLandlord upon demand, as Additional Rent, within thirty (30) days for any and all costs incurred by Landlord as a result of being billed therefor, for all damage to the Building resulting from any act or omission of Tenant, ▇▇▇▇▇▇’s subtenants, or any of Tenant’s or subtenants’ employees, agents, employees, invitees or contractors.
Section 10.6 Landlord shall have no liability to Tenant, the Rent shall not be abated, and Tenant shall not be deemed actually or constructively evicted by reason of Landlord performing any said repairs or other work maintenance with its next installment of Rent following submission to all or any portion Tenant of an invoice thereof and reasonable documentation of the Premises and/or the Real Property. Landlord shall endeavor to perform such repairs or other work in a manner that reasonably minimizes interference with the conduct of ▇▇▇▇▇▇’s business in the Premises and damage to the Premises, Tenant’s Work and Tenant’s Property, but Landlord is not required to employ overtime labor or incur additional expensescosts incurred.
Appears in 1 contract
Sources: Lease Agreement
Repairs and Maintenance. Section 10.1 1. Landlord shall keep the foundations, exterior walls (except plate glass or other special breakable materials used in structural portions), and roofs of all of the Buildings in good repair, and if necessary or required by proper governmental authority, make modifications or replacements thereof (subject to Tenant reimbursing the Landlord for Tenant’s Proportionate Share of all such cost incurred by Landlord pursuant to Article 4 of this Lease).
Section 2. Tenant shall keep the Leased Premises in good, clean, safe and habitable condition, ordinary wear and tear excepted, in accordance with all applicable laws, ordinances, rules, requirements and regulations of all governmental authorities and agencies having jurisdiction over the Leased Premises with respect to Tenant’s particular manner of use of the Leased Premises. Tenant shall, at its sole cost and expense, subject to the prior written consent of Landlord’s expense, as described in Article 25, Section 17 of this Lease, make all structural needed repairs needed and replacements, except for repairs and replacements required to be made by Landlord under the exterior walls, structural columns, structural roof, and structural floors that enclose the Premises (excluding all doors, door frames, storefronts, windows and glass); provided that Tenant gives Landlord notice provisions of the necessity for such repairsSection 1 of this Article. Notwithstanding Without limiting the foregoing, it is understood that ▇▇▇▇▇▇’s responsibilities therein include the maintenance, repair and replacement of all window coverings, lighting, plumbing, and other electrical, mechanical and electromotive equipment which exclusively serve the Leased Premises, and fixtures and all utility repairs in ducts, conduits, pipes and wiring, and any sewer stoppage located in, under and above the Leased Premises, but not any lines, ducts, conduits, pipes and wiring prior to the point of entry to the Leased Premises. Tenant shall, at its own cost and expense, promptly replace with glass of the same quality, any cracked or broken glass including plate glass and any interior and exterior windows and doors in the Leased Premises, but not glass or other special breakable materials used in structural portions. If specifically required by Landlord, Tenant shall reimburse Landlordmaintain a policy or policies of insurance in acceptable companies insuring Landlord and Tenant, as Additional Renttheir interests may appear, against breakage of all such glass in the Leased Premises. If any repairs required to be made by Tenant under this Section 2 are not made within thirty (30) days of being billed therefor, for all such repair costs after written notice is delivered to structural elements that are necessitated Tenant by the negligence or misconduct of Tenant, its employees, contractors, agents, subtenants, employees, customers and invitees.
Section 10.2 If the Premises are sprinklered, Tenant shall be responsible, at Tenant’s sole cost and expense, for maintaining, in good order and repair and in compliance with all Laws, those elements of the sprinkler system within the Premises, including the repair and replacement of the sprinkler heads and pipes. If the Premises are not sprinklered and a sprinkler system in the Premises is required under applicable Laws for Tenant’s Permitted Use or manner of use of the Premises, or Tenant’s Work requires the installation of a sprinkler system in the Premises, Tenant shall install such system as part of Tenant’s Work, at Tenant’s expense.
Section 10.3 Subject to Articles 14 and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, all repairs and replacements needed to maintain in good condition and order the Premises and all installations, equipment and facilities therein, and all repairs and replacements needed to any plumbing, water, waste, heating, ventilating and air conditioning units (“HVAC Units”), and electric conduits, lines and equipment located outside the Premises that serve only the Premises. Without limiting the foregoing, but subject to Articles 14 and 15 and Section 10.1, Tenant shall make all repairs and replacements required with respect to the HVAC Units, electrical and plumbing systems within the Premises and any rooftop or exterior air conditioning equipment or HVAC Units serving only the Premises, any plumbing fixtures within the Premises (including sinks and toilets), and the plumbing lines, valves, and pipes connected to or running from such fixtures to the point at which such lines, valves and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premises. Tenant shall also make, at Tenant’s expense, such repairs and replacements as are needed to keep the sidewalks and walkways abutting the Premises in good condition and order, and shall keep such sidewalks and walkways [and areas behind the Building to which Tenant has access] free of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall be made in compliance with the provisions of this lease (including Article 5).
Section 10.4 Tenant shall enter into and maintain, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, with a reputable service company, reasonably satisfactory to Landlord, for the HVAC Units serving the Premises. Tenant shall, from time to time, furnish Landlord with a copy of such service contract, within ten (10) days after request. If Tenant fails to obtain or maintain such service contract or to deliver to Landlord a copy of such contract upon request, Landlord may, at its option, make such repairs without liability to Tenant for any loss or damage which may result to its stock or business by reason of such repairs; and Tenant shall pay to Landlord upon demand, the cost of such repairs pursuant to Article 18, Section 4 of this Lease.
Section 3. Notwithstanding any provision of this Lease to the contrary, Tenant shall, at its own cost and expense, be responsible for performing maintenance and repairs to the heating, ventilating and air conditioning system (HVAC) exclusively serving the Leased Premises in order to keep and maintain the HVAC system in good condition and repair. This shall include, but not be limited to, quarterly maintenance. Quarterly maintenance for purposes of this paragraph shall mean: inspection, changing filters and belts, and adjustments or maintenance that would generally be covered by a mechanical maintenance service contract. Landlord shall be responsible for replacing the HVAC system if replacement becomes necessary during the Lease Term, or any HVAC repair which exceeds $500.00. Upon request of the Tenant, Landlord shall assign to Tenant any warranties given to Landlord for said HVAC system. If Tenant fails to perform its obligations under this Section 3, Landlord may, after 30 days notice to Tenant and opportunity to cure, at Landlord’s option, enter into a service contract providing upon the Leased Premises for the maintenance, repair, and servicing purpose of the HVAC Units and bill Tenant for the charges due under such contractperforming Tenant’s obligations hereunder. Any such charges shall be paid by
Section 10.5 Subject to Section 13.4, Tenant shall reimburse Landlord, pay to Landlord as Additional Rent, within thirty five (305) days after demand therefore, all costs incurred by Landlord in performing Tenant’s obligations. Landlord warrants and represents that the HVAC and all mechanical, electrical and plumbing systems in the Leased Premises shall be in good working order as of being billed thereforthe Commencement Date. In addition, for all damage Landlord warrants and represents to its knowledge there are no hazardous substances existing in the Building resulting from any act or omission Leased Premises on the Commencement Date. In the event hazardous substances are ever discovered in the Leased Premises and the same were present therein as of the date Landlord delivered possession thereof to Tenant, then Landlord shall immediately, at its sole cost, remove such hazardous substances from the Leased Premises and restore the Leased Premises, including ▇▇▇▇▇▇’s subtenantsdecor, to the condition existing therein immediately prior to such removal. For purposes of this Section, a material, product, substance or any of Tenant’s or subtenants’ employees, agents, employees, invitees or contractors.
Section 10.6 Landlord condition shall have no liability to Tenant, the Rent shall not be abated, and Tenant shall not be deemed actually or constructively evicted by reason of Landlord performing any repairs or other work to all or any portion of the Premises and/or the Real Property. Landlord shall endeavor to perform such repairs or other work in a manner that reasonably minimizes interference with the conduct of ▇▇▇▇▇▇’s business considered hazardous if its presence in the Leased Premises and damage to the Premisesis in violation of any applicable environmental statute, Tenant’s Work and Tenant’s Property, but Landlord is not required to employ overtime labor regulation or incur additional expensesordinance.
Appears in 1 contract
Repairs and Maintenance. Section 10.1 (a) Unless otherwise stated herein, Tenant shall, at its cost and expense, keep the Premises, including the interior and exterior of the buildings erected thereon and facilities located therein, in their current condition and repair as of the Commencement Date, excepting reasonable wear and tear, and shall at its cost and expense maintain all portions of the Premises in a clean, safe and orderly condition, free of unlawful obstructions. The Tenant's covenant to repair and maintain shall not require the Tenant to put the Premises in a better state of repair than the Premises are in as of Commencement Date.
(b) Landlord shall, at Landlord’s its sole cost and expense, make subject to terms of Article 2 above, be responsible for the following repairs and replacements with respect to the Premises: (i) reasonable care of landscaping, regular mowing of grass, and maintenance of the access road and parking area, including snow removal; (ii) repair and replacement of lights and light systems, data and phone lines; (iii) the making of all structural repairs, including repairs needed to the exterior foundation, footings, floor, floor slabs, ceiling, ceiling slabs, roof, roof membrane, masonry wall, curtain wall, bearing walls, structural exterior glass and mullions, columns, structural roofbeams, and structural floors that enclose shafts (including elevator shafts, if any), and garage doors; (iv) replacement of or repairs to the Premises heating and cooling, electrical, and plumbing systems.
(excluding all doors, door frames, storefronts, windows and glass); provided that Tenant gives Landlord notice of the necessity for such repairs. c) Notwithstanding the foregoing, Landlord shall make repairs and replacements to the following items with respect to the Premises as are reasonably necessary to keep the same in good condition and repair: (i) bus lifts; (ii) parking lots; (iii) electronic gates; (iv) fluid clean-up; (v) bus fueling system; and, (vi) fuel storage tanks (the “Excluded Repairs”). Landlord shall pay the costs and expenses of the Excluded Repairs in the first instance. Tenant shall reimburse Landlord, as Additional Rent, Landlord for eighty percent (80%) of the costs and expenses incurred by Landlord with respect to the Excluded Repairs within thirty (30) days of being billed receipt of an invoice therefor, all of which shall be paid as and for all Additional Rent.
(d) Notwithstanding anything in this Lease to the contrary, Landlord shall not be obligated to make or pay for any such repair costs repairs to structural elements that are necessitated by the Premises rendered necessary as a result of the negligence or misconduct intentional acts or omissions of TenantTenant or any of its servants, its employees, contractors, agents, subtenantsinvitees or customers, employees, customers all of which repairs and invitees.
Section 10.2 If the Premises are sprinklered, replacements shall performed by Tenant shall be responsible, at Tenant’s its sole cost and expense, for maintaining, in good order and repair and in compliance with all Laws, those elements of the sprinkler system within the Premises, including the repair and replacement of the sprinkler heads and pipes. If the Premises are not sprinklered and a sprinkler system in the Premises is required under applicable Laws for Tenant’s Permitted Use or manner of use of the Premises, or Tenant’s Work requires the installation of a sprinkler system in the Premises, Tenant shall install such system as part of Tenant’s Work, at Tenant’s expense.
Section 10.3 Subject to Articles 14 and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, all repairs and replacements needed to maintain in good condition and order the Premises and all installations, equipment and facilities therein, and all repairs and replacements needed to any plumbing, water, waste, heating, ventilating and air conditioning units (“HVAC Units”), and electric conduits, lines and equipment located outside the Premises that serve only the Premises. Without limiting the foregoing, but subject to Articles 14 and 15 and Section 10.1, Tenant shall make all repairs and replacements required with respect to the HVAC Units, electrical and plumbing systems within the Premises and any rooftop or exterior air conditioning equipment or HVAC Units serving only the Premises, any plumbing fixtures within the Premises (including sinks and toilets), and the plumbing lines, valves, and pipes connected to or running from such fixtures to the point at which such lines, valves and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premises. Tenant shall also make, at Tenant’s expense, such repairs and replacements as are needed to keep the sidewalks and walkways abutting the Premises in good condition and order, and shall keep such sidewalks and walkways [and areas behind the Building to which Tenant has access] free of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall be made in compliance with the provisions of this lease (including Article 5).
Section 10.4 Tenant shall enter into and maintain, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, with a reputable service company, reasonably satisfactory to Landlord, for the HVAC Units serving the Premises. Tenant shall, from time to time, furnish Landlord with a copy of such service contract, within ten (10) days after request. If Tenant fails to obtain or maintain such service contract or to deliver to Landlord a copy of such contract upon request, Landlord may, at its option, enter into a service contract providing for the maintenance, repair, and servicing of the HVAC Units and bill Tenant for the charges due under such contract. Any such charges shall be paid by
Section 10.5 Subject to Section 13.4, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all damage to the Building resulting from any act or omission of Tenant, ▇▇▇▇▇▇’s subtenants, or any of Tenant’s or subtenants’ employees, agents, employees, invitees or contractors.
Section 10.6 Landlord shall have no liability to Tenant, the Rent shall not be abated, and Tenant shall not be deemed actually or constructively evicted by reason of Landlord performing any repairs or other work to all or any portion of the Premises and/or the Real Property. Landlord shall endeavor to perform such repairs or other work in a manner that reasonably minimizes interference with the conduct of ▇▇▇▇▇▇’s business in the Premises and damage to the Premises, Tenant’s Work and Tenant’s Property, but Landlord is not required to employ overtime labor or incur additional expenses.
Appears in 1 contract
Sources: Lease Agreement
Repairs and Maintenance. Section 10.1 Landlord shall, at Landlord’s expense, make all structural repairs needed to the exterior walls, structural columns, structural roof, and structural floors that enclose the Premises (excluding all doors, door frames, storefronts, windows and glass); provided that Tenant gives Landlord notice a) By taking possession of the necessity for such repairs. Notwithstanding the foregoing, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all such repair costs to structural elements that are necessitated by the negligence or misconduct of Tenant, its employees, contractors, agents, subtenants, employees, customers and invitees.
Section 10.2 If the Premises are sprinkleredPremises, Tenant shall be responsibledeemed to have accepted the Premises as being in good and sanitary order, condition and repair. Tenant shall, at Tenant’s 's sole cost and expense, for maintaining, in good order and repair and in compliance with all Laws, those elements of the sprinkler system within maintain the Premises, including the repair in good, clean and replacement of the sprinkler heads first class condition and pipesrepair. If the Premises are not sprinklered and a sprinkler system in the Premises is required under applicable Laws for Tenant’s Permitted Use or manner of use of the Premises, or Tenant’s Work requires the installation of a sprinkler system in the PremisesIn addition, Tenant shall install such system as part of Tenant’s Work, at Tenant’s expense.
Section 10.3 Subject to Articles 14 and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, be responsible for all repairs and replacements needed to maintain in good condition and order the Premises and all installations, equipment and facilities therein, and all repairs and replacements needed to any plumbing, water, waste, heating, ventilating and air conditioning units (“HVAC Units”), and electric conduits, lines and equipment located outside the Premises that serve only the Premises. Without limiting the foregoing, but subject to Articles 14 and 15 and Section 10.1, made necessary by Tenant shall make all repairs and replacements required with respect to the HVAC Units, electrical and plumbing systems within the Premises and any rooftop or exterior air conditioning equipment or HVAC Units serving only the Premises, any plumbing fixtures within the Premises (including sinks and toilets), and the plumbing lines, valves, and pipes connected to or running from such fixtures to the point at which such lines, valves and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premises. Tenant shall also make, at Tenant’s expense, such repairs and replacements as are needed to keep the sidewalks and walkways abutting the Premises in good condition and order, and shall keep such sidewalks and walkways [and areas behind the Building to which Tenant has access] free of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall be made in compliance with the provisions of this lease (including Article 5).
Section 10.4 Tenant shall enter into and maintain, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, with a reputable service company, reasonably satisfactory to Landlord, for the HVAC Units serving the Premises. Tenant shall, from time to time, furnish Landlord with a copy of such service contract, within ten (10) days after request. If Tenant fails to obtain or maintain such service contract or to deliver to Landlord a copy of such contract upon request, Landlord may, at its option, enter into a service contract providing for the maintenance, repair, and servicing of the HVAC Units and bill Tenant for the charges due under such contract. Any such charges shall be paid by
Section 10.5 Subject to Section 13.4, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all damage to the Building resulting from any act or omission of Tenant, ▇▇▇▇▇▇’s subtenants, or any of Tenant’s or subtenants’ employeesinvitees, agents, employees, invitees contractors or contractorssubcontractors. Landlord acknowledges that Tenant shall have no obligation to repair or maintain any areas of the Project outside of the Premises, unless such repair or maintenance is required due to acts of Tenant or its invitees, agents, employees, contractors or subcontractors. Excepting maintenance, repairs or replacements required due to the negligence or willful misconduct of Landlord, its agents, employees, contractors and subcontractors, Tenant acknowledges that Landlord shall have no obligation to maintain, repair or replace any telecommunications or computer cabling or wiring which is located in the Premises or which exclusively serves the Premises (collectively, "Cabling"). Tenant shall, at Tenant's expense, contract with a reputable contractor to maintain the Cabling. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises except as specifically set forth in this Lease. Under no circumstances shall Tenant make any repairs to the Building or to the mechanical, electrical or heating, ventilating, air conditioning, fire sprinkler or energy management control systems of the Premises or the Building, unless such repairs are previously approved in writing by Landlord.
Section 10.6 (b) Landlord shall be responsible for maintaining and repairing all structural portions of the Building, and shall maintain the roof, sidewalls, and foundations of the Building in good, clean and safe condition and repair. Landlord shall be entitled to utilize its roof contractor at Tenant's expense to undertake the sealing of any roof penetrations caused by Tenant Alterations. Landlord shall also maintain all landscaping, driveways, parking lots, fences, signs, sidewalks and the other Project Common Areas to the extent such maintenance is not the responsibility of any owners' association or other person or entity under any recorded covenants, conditions and restrictions. To the extent applicable, Landlord shall be responsible for any basic plumbing, heating, ventilating, air conditioning, sprinkler and electric systems within the Building core (but not any conduits or connections thereto or distribution systems thereof within the Premises, and not any such systems serving the Premises and not any other premises within the Building). Except as otherwise provided in this Lease, Landlord shall have no liability to Tenant, the Rent nor shall not Tenant's obligations under this Lease be abated, and Tenant shall not be deemed actually reduced or constructively evicted abated in any manner whatsoever by reason of any inconvenience, annoyance, interruption or injury to business arising from Landlord performing making any repairs or changes which Landlord is required or permitted by this Lease or by any other work tenants' lease or required by law to all or make to any portion of the Premises and/or Building or the Real PropertyPremises. Landlord shall endeavor use reasonable efforts to minimize any interference with Tenant's business at the Premises. If Tenant fails to maintain the Premises as required in Section 11(a), Landlord may give Tenant 30 days' written notice to do such acts as are reasonably required to so maintain the Premises. If Tenant fails to promptly commence such work within such time period and diligently prosecute it to completion, then Landlord shall have the right to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such repairs work. Any amount so expended by Landlord shall be paid by Tenant promptly after demand with interest at the Prime Rate plus 2% per annum, from the date of such work, but not to exceed the maximum amount then allowed by law. Landlord shall have no liability to Tenant for any damage, inconvenience, or other work in a manner that reasonably minimizes interference with the conduct use of ▇▇▇▇▇▇’s business the Premises by Tenant as the result of performing any such work. For the purpose of this Lease, the "Prime Rate" shall mean the rate, or base rate, reported in the Premises and damage to Money Rates column or section of The Wall Street Journal as being the Premises, Tenant’s Work and Tenant’s Property, but Landlord base rate on corporate loans at large U.S. money center commercial banks (whether or not such rate has actually been charged by any such bank) on the first date on which The Wall Street Journal is not required to employ overtime labor or incur additional expensespublished in the month preceding the month in which the subject costs are incurred.
Appears in 1 contract
Repairs and Maintenance. Section 10.1 Landlord shall(i) Except as otherwise expressly provided in this Lease, during the Term, Tenant at Landlord’s expense, make all structural repairs needed to the exterior walls, structural columns, structural roof, and structural floors that enclose its sole expense shall maintain the Premises (excluding all doors, door frames, storefronts, windows and glass); provided that Tenant gives Landlord notice of the necessity for such repairs. Notwithstanding the foregoing, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all such repair costs to structural elements that are necessitated by the negligence or misconduct of Tenant, its employees, contractors, agents, subtenants, employees, customers and invitees.
Section 10.2 If the Premises are sprinklered, Tenant shall be responsible, at Tenant’s sole cost and expense, for maintaining, in good order and repair and in compliance with all Lawscondition, those elements of the sprinkler system within the Premises, including the repair and replacement of the sprinkler heads and pipes. If the Premises are not sprinklered and a sprinkler system in the Premises is required under applicable Laws for Tenant’s Permitted Use or manner of use of the Premises, or Tenant’s Work requires the installation of a sprinkler system in the Premises, Tenant shall install such system as part of Tenant’s Work, at Tenant’s expense.
Section 10.3 Subject to Articles 14 and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, all repairs and replacements needed to maintain in good condition and order the Premises and all installations, equipment and facilities therein, and all repairs and replacements needed to any plumbing, water, waste, heating, ventilating and air conditioning units (“HVAC Units”), and electric conduits, lines and equipment located outside the Premises that serve only the Premises. Without limiting the foregoing, but subject to Articles 14 and 15 and Section 10.1, Tenant shall make all repairs and replacements required with respect necessary to the HVAC Unitsmaintain such condition, electrical and plumbing systems within the Premises and any rooftop whether such repairs are interior or exterior air conditioning equipment or HVAC Units serving only the Premises, any plumbing fixtures within the Premises (including sinks and toilets)exterior, and the plumbing lines, valves, and pipes connected to or running from such fixtures to the point at which such lines, valves and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting repair any roof-top or exterior equipment or HVAC Units or other utility or service damage to the Premises. All repairs made by Tenant shall also makeutilize materials and equipment which are comparable to those originally used in constructing the Building. The Term “repair” when used in this Subsection (d) shall include replacements and renewals when necessary. Tenant at its cost and expense shall maintain and repair following initial installation by Landlord pursuant to Section 28, at Tenant’s expensethe HVAC, such repairs and replacements as are needed to keep the sidewalks and walkways abutting the Premises in good condition and ordermechanical, and shall keep such sidewalks and walkways [and areas behind the Building to which Tenant has access] free of rubbishfire sprinklers, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall be made in compliance with the provisions of this lease electrical (including Article 5).
Section 10.4 Tenant shall enter into and maintain, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, connectivity with a reputable service company, reasonably satisfactory to Landlord, for the HVAC Units serving the Premises. Tenant shall, from time to time, furnish Landlord with a copy of such service contract, within ten (10) days after request. If Tenant fails to obtain or maintain such service contract or to deliver to Landlord a copy of such contract upon request, Landlord may, at its option, enter into a service contract providing for the maintenance, repair, and servicing of the HVAC Units and bill Tenant for the charges due under such contract. Any such charges shall be paid by
Section 10.5 Subject to Section 13.4, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all damage to the Building resulting from any act or omission of Tenant, ▇▇▇▇▇▇’▇ Gate I, II and IV), utilities/sewer and plumbing systems serving the Premises (collectively the “Building Systems”), and the roof (including the roof membrane) pursuant to service contracts acceptable to Landlord (such acceptance not to be unreasonably withheld, conditioned or delayed). Tenant shall also be responsible to maintain and repair the roads and parking lots following Landlord’s subtenantsinitial installation thereof. Tenant shall also be responsible to provide for landscaping (pursuant to a service contract acceptable to Landlord, such acceptance not to be unreasonably withheld, conditioned or delayed) and snow removal services. Notwithstanding the foregoing, in the event Tenant is required to replace the roof and/or the HVAC and/or the mechanical equipment serving the Building, Landlord shall replace same if reasonably necessary, in which case Tenant shall reimburse Landlord the aggregate cost actually paid by Landlord for the replaced item amortized on a straight-line basis in equal annual installments over the useful life of the item (determined in accordance with generally accepted accounting principles), for the balance of the Term (including any exercised renewal options). Landlord shall deliver warranties for Building Systems and roof and all other manufacturers’ warranties to Tenant (giving Tenant the full benefit thereof) at the time of Substantial Completion. The roof warranty shall be an industry-standard 10 year warranty in accordance with the Specifications (defined below); provided that if available and desired by Tenant, such warranty will be upgraded at Tenant’s or subtenants’ employeesexpense. Prior to selection of the roofing contractor, agents, employees, invitees or contractorsa copy of the roof warranty offered shall be delivered to Tenant for its review.
Section 10.6 (ii) Landlord shall, at its sole cost and expense, maintain, repair and replace the structural components, exterior walls, window fenestration, load bearing interior walls, foundation, and columns of the Building (collectively “Structural Components”); provided that Landlord shall have no liability obligation to make any repair until Landlord receives written notice of the need for such repair.
(iii) Notwithstanding anything herein to the contrary, replacements of the Building Systems and the roof or repairs and replacements of the Structural Components made necessary by the negligence or willful misconduct of Tenant or its Agents or Tenant’s failure to maintain the Building Systems and/or roof in accordance with the terms of any applicable warranty, shall be made at the Rent shall sole expense of Tenant to the extent not be abatedcovered by any applicable warranty or insurance proceeds paid to Landlord.
(iv) Notwithstanding anything herein to the contrary, repairs and Tenant shall not be deemed actually or constructively evicted by reason of Landlord performing any repairs or other work to all or any portion replacements of the Premises and/or made necessary by the Real Property. negligence or willful misconduct of Landlord or its Agents shall endeavor to perform such repairs or other work in a manner that reasonably minimizes interference with be made at the conduct sole expense of ▇▇▇▇▇▇’s business in the Premises and damage Landlord to the Premises, Tenant’s Work and Tenant’s Property, but Landlord is extent not covered by any applicable warranty or insurance required to employ overtime labor be or incur additional expensesactually maintained by Tenant hereunder.
Appears in 1 contract
Sources: Lease Agreement (Realogy Corp)
Repairs and Maintenance. Section 10.1 Landlord shall(a) Owner shall be responsible for repair and maintenance of the foundation, at Landlord’s expensefloors (beneath the carpet or other floor covering), make all structural repairs needed to roof, the exterior walls, structural columns, structural roof, and structural floors that enclose the Premises walls (excluding all glass windows, window frames and doors), door framesand the electrical service to the wall box (before any Tenant finish), storefronts, windows the plubing to the wall stubs and glass); provided that Tenant gives Landlord notice of common areas. Owner shall also be responsible for the necessity preventative maintenance contract for such repairsthe roof mounted air conditioning and heating apparatus. Notwithstanding the foregoing, Tenant shall reimburse Landlordpay for these items as provided for in Rider I.(1)
(b) Tenant shall use, as Additional Rentoperate and maintain the Premises and its systems, within thirty (30) days of being billed therefor, for including all such repair costs to structural elements that are necessitated fixtures and equipment installed by the negligence or misconduct of Tenant, its employees, contractors, agents, subtenants, employees, customers and invitees.
Section 10.2 If in such manner as to keep the Premises are sprinklered, Tenant shall be responsible, at Tenant’s sole cost and expense, for maintaining, same in good order and repair and in compliance with all Lawscondition, those elements of the sprinkler system within the Premises, including the repair and replacement of the sprinkler heads and pipes. If the Premises are not sprinklered and a sprinkler system in the Premises is required under applicable Laws for Tenant’s Permitted Use or manner of use of the Premises, or Tenant’s Work requires the installation of a sprinkler system in the Premises, Tenant shall install such system as part of Tenant’s Work, at Tenant’s expense.
Section 10.3 Subject to Articles 14 and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, making all repairs and replacements needed necessary to maintain in such good order and condition all at Tenant's expense, including but not limited to, plumbing from the wall stubs, electrical service from the wall box, sewer, water and order heating pipes from the Premises and all installations, equipment and facilities thereinexterior wall, and all repairs glass. Tenant shall be responsible for the maintenance (other than preventative maintenance) and replacements needed to repair and/or replacement of any heating, ventilating, air conditioning, plumbing, water, waste, heating, ventilating electrical or other systems and air conditioning units (“HVAC Units”), and electric conduits, lines and equipment located outside the Premises that serve only the Premises. Without limiting the foregoing, but subject fixtures installed solely to Articles 14 and 15 and Section 10.1, Tenant shall make all repairs and replacements required with respect to the HVAC Units, electrical and plumbing systems within the Premises and any rooftop or exterior air conditioning equipment or HVAC Units serving only service the Premises, any plumbing fixtures within whether installed or paid for by Owner or Tenant. The performance by Tenant of its obligations to maintain the Premises shall be conducted only by contractors approved in writing by Owner, it being understood that Tenant shall procure and maintain and shall cause contractors engaged by or on behalf of Tenant to procure and maintain insurance coverage against such risks and in such amounts as Owner may require, including but not limited to Workmen's Compensation Insurance (including sinks and toiletsas required under the Workmen's Compensation Act of Colorado), and the plumbing lines, valves, and pipes connected to or running from issued by such fixtures to the point at which such lines, valves and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premises. Tenant shall also make, at Tenant’s expense, such repairs and replacements companies as are needed to keep the sidewalks and walkways abutting the Premises in good condition and order, and shall keep such sidewalks and walkways [and areas behind the Building to which Tenant has access] free of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall be made in compliance with the provisions of this lease (including Article 5).
Section 10.4 Tenant shall enter into and maintain, at Tenant’s expense, a service, maintenance and repair contractOwner may approve, in scope reasonably satisfactory to Landlord, connection with a reputable service company, reasonably satisfactory to Landlord, for the HVAC Units serving the Premises. Tenant shall, from time to time, furnish Landlord with a copy of such service contract, within ten (10) days after requestmaintenance. If Tenant fails to obtain make any repair within fifteen (15) days after the occurence of the damage necessitating same, or maintain such service contract or fails to deliver cause other maintenance to Landlord a copy be performed within fifteen (15) days after notice from Owner of such contract upon requestthe need therefor, Landlord may, Owner at its optionoption may make such repair, enter into a service contract providing or cause such other maintenace to be performed, and tenant, shall on demand therefor, pay Owner for the maintenancecost thereof, repair, and servicing with interest thereon at the Reimbursement Interest Rate from the due date until paid. At the Ending Date of the HVAC Units and bill Tenant for the charges due under such contract. Any such charges shall be paid by
Section 10.5 Subject to Section 13.4Term or other termination of this Lease, Tenant shall deliver up the Premises including all Alterations (except as otherwise herein provided), in good repair and condition, reasonable wear and tear excepted, and shall deliver to Owner all keys to the Premises.
(c) Tenant shall give Owner prompt written notice of any damage to or defects in, the Premises and in the plumbing, electrical, heating, air conditioning and other systems and apparatus located in the Premises. The obligation to repair such damages or defects shall be as stated in this paragraph 15. In no event shall Owner be obligated to repair any damage to the Premises or the Building caused by any act, omission or negligence of Tenant or Tenant Parties. Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days Owner for all costs and expenses of being billed therefor, for repairing and replacing all damage to the Premises and Building resulting and to fixtures and equipment caused by Tenant or Tenant Parties or as the result of all or any of them moving in or out of Building or by installation or removal of furniture, fixtures or other property. Such costs and expenses shall be paid by Tenant to Owner on demand, with interest thereon at the Reimbursement Interest Rate from the due date until paid.
(d) Owner shall not be liable by reason of any act injury to or omission of Tenant, interference with ▇▇▇▇▇▇’s subtenants, or any 's business arising from the making of Tenant’s or subtenants’ employees, agents, employees, invitees or contractors.
Section 10.6 Landlord shall have no liability to Tenant, the Rent shall not be abated, and Tenant shall not be deemed actually or constructively evicted by reason of Landlord performing any repairs or other work alterations in or to all or any portion of the Premises and/or or the Real PropertyBuilding or to any appurtenances or equipment therein. Landlord There shall endeavor to perform be no abatement of Rent because of such repairs or other work alterations, or because of any delay by Owner in a manner that reasonably minimizes interference with making the conduct of ▇▇▇▇▇▇’s business in the Premises and damage to the Premises, Tenant’s Work and Tenant’s Property, but Landlord is not required to employ overtime labor or incur additional expensessame.
Appears in 1 contract
Sources: Lease Agreement (Navidec Inc)
Repairs and Maintenance. Section 10.1 18.1. Landlord shallshall repair and maintain the structural and exterior portions and Common Area of the Building and the Project, at Landlord’s expense, make all including roofing and covering materials; foundations (including any structural repairs needed to the slabs); exterior walls, structural columns, structural roof, and structural floors that enclose the Premises ; plumbing; fire sprinkler systems (excluding all doors, door frames, storefronts, windows and glassif any); provided that Tenant gives HVAC systems; elevators; and electrical systems installed or furnished by Landlord. Landlord notice of shall also maintain any utility meters serving the necessity for such repairs. Notwithstanding the foregoing, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all such repair costs to structural elements that are necessitated by the negligence or misconduct of Tenant, its employees, contractors, agents, subtenants, employees, customers and invitees.
Section 10.2 If the Premises are sprinklered, Tenant shall be responsiblePremises, at Tenant’s sole cost and expense. Landlord will keep, for maintainingmanage and maintain the Building and the Project consistent with other similar properties in the ▇▇▇▇▇▇▇ Square rental market, in good order and repair and in compliance full accordance with Applicable Laws. Landlord shall maintain (or provide for the maintenance) in a neat, attractive and first-class condition all Lawssigns, those elements roadways, landscaped areas, parking areas, sidewalks and entrances areas that are owned by Landlord.
18.2. Except for services of the sprinkler system within the PremisesLandlord, including the repair and replacement of the sprinkler heads and pipes. If the Premises are not sprinklered and a sprinkler system in the Premises is if any, required under applicable Laws for Tenant’s Permitted Use or manner of use of the Premises, or Tenant’s Work requires the installation of a sprinkler system in the Premisesby Section 18.1, Tenant shall install such system as part of Tenant’s Work, at Tenant’s expense.
Section 10.3 Subject to Articles 14 and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, all repairs cost and replacements needed to expense maintain and keep the Premises and every part thereof in good condition and order repair, excepting damage thereto from ordinary wear and tear and matters for which Tenant is not responsible under the Premises and all installations, equipment and facilities thereinterms of this Lease, and all repairs and replacements needed to any plumbing, water, waste, heating, ventilating and air conditioning units (“HVAC Units”), and electric conduits, lines and equipment located outside the Premises that serve only the Premises. Without limiting the foregoing, but subject to Articles 14 and 15 and Section 10.1, Tenant shall make all repairs and replacements required with respect to the HVAC Units, electrical and plumbing systems within the Premises and any rooftop or exterior air conditioning equipment or HVAC Units serving only the Premises, any plumbing fixtures within the Premises (including sinks and toilets), and the plumbing lines, valves, and pipes connected to or running from such fixtures to the point at which such lines, valves and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premises. Tenant shall also make, at Tenant’s expense, such repairs and replacements as are needed to keep the sidewalks and walkways abutting the Premises in good condition and order, and shall keep such sidewalks and walkways [and areas behind the Building to which Tenant has access] free of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall be made in compliance with the provisions of this lease (including Article 5).
Section 10.4 Tenant shall enter into and maintain, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, with a reputable service company, reasonably satisfactory to Landlord, for the HVAC Units serving the Premises. Tenant shall, from time to time, furnish Landlord with a copy of such service contract, within ten (10) days after request. If Tenant fails to obtain or maintain such service contract or to deliver receipt of written notice from Landlord, provide to Landlord any usual and customary maintenance records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a copy condition as when received, ordinary wear and tear excepted and with the Tenant Improvements in substantially the same condition as existed upon completion of such contract upon request, Landlord maythe Tenant Improvements; and shall, at its optionLandlord’s request and Tenant’s sole cost and expense, enter into remove all wiring and equipment (other than low voltage wiring and cabling) installed by or on behalf of a service contract providing for the maintenance, repairTenant Party (as defined below), and servicing of the HVAC Units and bill Tenant for the charges due under such contract. Any such charges shall be paid by
Section 10.5 Subject to Section 13.4, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all repair any damage to the Building resulting from any act or omission of TenantPremises caused thereby, ▇▇▇▇▇▇unless instructed by Landlord not to do so, whereupon Tenant shall surrender the Premises with all such material intact. Without limiting Landlord’s subtenantsmaintenance and repair obligations in this Lease, or any of Tenant’s or subtenants’ employees, agents, employees, invitees or contractors.
Section 10.6 Landlord shall have no liability obligation to Tenantalter, remodel, improve, repair, decorate or paint the Rent Premises or any part thereof.
18.3. Except as otherwise set forth herein, Landlord shall not be abated, and Tenant shall not be deemed actually or constructively evicted by reason of Landlord performing liable for any failure to make any repairs or other work to all perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time (determined under the particular circumstances) after Tenant provides Landlord with written notice (which may be given by e- mail to the Building or any portion property management office) of the Premises and/or the Real Property. Landlord shall endeavor to perform need of such repairs or other work maintenance or after Landlord has independent, actual knowledge of such need. Tenant waives its rights under Applicable Laws now or hereafter in a manner that reasonably minimizes interference with the conduct of ▇▇▇▇▇▇effect to make repairs at Landlord’s business expense.
18.4. This Article relates to repairs and maintenance arising in the Premises ordinary course of operation of the Building and damage the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.5. Except to the Premisesextent otherwise provided in Section 9.1, Tenant’s Work and Tenant’s Property, but costs incurred by Landlord is not required pursuant to employ overtime labor or incur additional expensesthis Article shall constitute Operating Expenses.
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Repairs and Maintenance. Section 10.1 Landlord shall(a) Except as specifically otherwise provided in subparagraphs (b) and (c) of this Article, Tenant, at Landlord’s expenseits sole cost and expense and throughout the Term (as may be extended) of this Lease, shall keep and maintain the Premises in good order and condition, free of accumulation of dirt and rubbish, and shall promptly make all structural repairs needed other than repairs to the exterior walls, footings and foundations and the structural columns, structural roof, steel columns and structural floors that enclose girders forming a part of the Premises (excluding all doorsnecessary to keep and maintain such good order and condition. Tenant shall have the option of replacing lights, door framesballasts, storefrontstubes, windows ceiling tiles, outlets and glass); provided that Tenant gives similar equipment itself or it shall have the ability to advise Landlord notice of the necessity for Tenant's desire to have Landlord make such repairs. Notwithstanding If requested by Tenant, Landlord shall make such repairs to the foregoing, Premises with a reasonable time of notice to Landlord and shall charge Tenant for such services at Landlord's standard rate (such rate to be competitive with the market rate for such services). Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days not use or permit the use of being billed therefor, for all such repair costs to structural elements that are necessitated by the negligence or misconduct any portion of Tenant, its employees, contractors, agents, subtenants, employees, customers and invitees.
Section 10.2 If the Premises are sprinkleredfor outdoor storage except for exterior chemical storage in connection with Tenant's business operations at the Premises, provided that (i) the proposed storage area is designated on the plans to be provided in advance to the Landlord for its approval, (ii) Tenant shall be responsiblehas received, at Tenant’s its sole cost and expense, all federal, state and local permits, approvals and authorizations for maintainingthe utilization of said storage area, in good order (iii) the installation, use and repair and in compliance operation of the storage area complies with all Lawsfederal, those elements state and local environmental and other laws, rules and regulations, and (iv) in the event that said storage area utilizes an area that would otherwise constitute one or more parking spaces in the Parking Area, the parking space or spaces utilized for storage area shall be counted in the number of parking spaces that Landlord is required to furnish to Tenant hereunder. Tenant shall be permitted to utilize the sprinkler system within area that the Premises, including the repair and replacement of the sprinkler heads and pipes. If the Premises are not sprinklered and a sprinkler system previous tenant in the Premises is required under applicable Laws for Tenant’s Permitted Use utilized as a storage area provided, however, that Tenant hereby acknowledges that Landlord makes no representations, warranties or manner of use of covenants regarding whether appropriate federal, state and local permits, approvals, and authorizations were previously obtained in connection with said storage area. When used in this Article 15, the Premises, or Tenant’s Work requires the installation of a sprinkler system in the Premises, term "repairs" shall include replacements and renewals when necessary. All repairs made by Tenant shall install such system as part of Tenant’s Work, at Tenant’s expense.
Section 10.3 Subject to Articles 14 and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, all repairs and replacements needed to maintain in good condition and order the Premises and all installations, equipment and facilities therein, and all repairs and replacements needed to any plumbing, water, waste, heating, ventilating and air conditioning units (“HVAC Units”), and electric conduits, lines utilize materials and equipment located outside which are at least equal in quality and usefulness to those originally used in constructing the Premises that serve only the Premises. Without limiting the foregoing, but subject to Articles 14 Building and 15 and Section 10.1, Tenant shall make all repairs and replacements required with respect to the HVAC Units, electrical and plumbing systems within the Premises and any rooftop or exterior air conditioning equipment or HVAC Units serving only the Premises, any plumbing fixtures within the Premises (including sinks and toilets), and the plumbing lines, valves, and pipes connected to or running from such fixtures to the point at which such lines, valves and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premises. Tenant shall also make, at Tenant’s expense, such repairs and replacements as are needed to keep the sidewalks and walkways abutting the Premises in good condition and order, and shall keep such sidewalks and walkways [and areas behind maintain all HVAC systems serving the Building to which Tenant has access] free of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall be made in compliance with the provisions of this lease (including Article 5).
Section 10.4 Tenant shall enter into and maintain, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, with a reputable service company, reasonably satisfactory to Landlord, for the HVAC Units serving the Premises. Tenant shall, from time to time, furnish Landlord with a copy of such service contract, within ten (10) days after request. If Tenant fails to obtain or maintain such service contract or to deliver to Landlord a copy of such contract upon request, Landlord may, at its option, enter into a service contract providing for the maintenance, repair, and servicing of the HVAC Units and bill Tenant for the charges due under such contract. Any such charges shall be paid by
Section 10.5 Subject to Section 13.4, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all damage to the Building resulting from any act or omission of Tenant, ▇▇▇▇▇▇’s subtenants, or any of Tenant’s or subtenants’ employees, agents, employees, invitees or contractors.
Section 10.6 Landlord shall have no liability to Tenant, the Rent shall not be abated, and Tenant shall not be deemed actually or constructively evicted by reason of Landlord performing any repairs or other work to all or any portion of the Premises and/or the Real Property. Landlord shall endeavor to perform such repairs or other work in a manner that reasonably minimizes interference with the conduct of ▇▇▇▇▇▇’s business in the Premises and damage to the Premises, Tenant’s Work and Tenant’s Property, but Landlord is not required to employ overtime labor or incur additional expenses.
Appears in 1 contract
Repairs and Maintenance. Section 10.1 Landlord shallwill, at Landlord’s expense, make all structural repairs needed and replacements to the exterior wallsof all buildings, structural columnsincluding the Leased Premises, structural located on the Property, including the roof, and structural floors that enclose the Premises (excluding all doors, door frames, storefronts, windows and glass); provided that Tenant gives Landlord notice of the necessity for except where such repairs. Notwithstanding the foregoing, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all such repair costs to structural elements that are necessitated repairs and/or replacements were made necessary by the negligence acts or misconduct omissions of Tenant, its employees, contractors, agents, subtenants, employees, customers Tenant’s employees or invitees; and invitees.
Section 10.2 If the Premises are sprinklered, Tenant shall be responsibleLandlord will, at TenantLandlord’s sole cost and expense, for maintaining, in good order and repair and in compliance with all Laws, those elements of the sprinkler system within the Premises, including the repair and replacement of the sprinkler heads and pipes. If the Premises are not sprinklered and a sprinkler system in the Premises is required under applicable Laws for Tenant’s Permitted Use or manner of use of the Premises, or Tenant’s Work requires the installation of a sprinkler system in the Premises, Tenant shall install such system as part of Tenant’s Work, at Tenant’s expense.
Section 10.3 Subject to Articles 14 and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, all repairs and replacements needed to maintain in good condition and order the Premises and all installations, equipment and facilities therein, and all repairs and replacements needed to any plumbing, water, waste, heating, ventilating and air conditioning units (“HVAC Units”), and electric conduits, lines and equipment located outside the Premises that serve only the Premises. Without limiting the foregoing, initial expense but subject to Articles 14 Tenant’s Common Area Charge (as defined in numbered Section 25) reimbursement payable pursuant to numbered Section 25 hereto, keep and 15 maintain the sidewalks, parking lots, gutters and Section 10.1, Tenant shall make curbs on the Property free and clear of all repairs obstructions and replacements required with respect to the HVAC Units, electrical promptly remove all snow and plumbing systems within the Premises ice from said sidewalks and any rooftop or exterior air conditioning equipment or HVAC Units serving only the Premises, any plumbing fixtures within the Premises (including sinks and toilets), and the plumbing lines, valves, and pipes connected to or running from such fixtures to the point at which such lines, valves and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premisesparking lots. Tenant shall also makeLandlord will, at Tenant’s expense, such repairs and replacements as are needed to keep the sidewalks and walkways abutting the Premises in good condition and order, and shall keep such sidewalks and walkways [and areas behind the Building to which Tenant has access] free of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall be made in compliance with the provisions of this lease (including Article 5).
Section 10.4 Tenant shall enter into and maintain, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, with a reputable service company, reasonably satisfactory to Landlord, for the HVAC Units serving the Premises. Tenant shall, from time to time, furnish Landlord with a copy of such service contract, within ten (10) days after request. If Tenant fails to obtain or maintain such service contract or to deliver to Landlord a copy of such contract upon request, Landlord may, at its option, enter into a service contract providing for the maintenance, repair, and servicing of the HVAC Units and bill Tenant for the charges due under such contract. Any such charges shall be paid by
Section 10.5 Subject to Section 13.4, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all damage to the Building resulting from any act or omission of Tenant, ▇▇▇▇▇▇▇▇’s subtenantsinitial expense but subject to Tenant’s Common Area Charge (as defined in numbered Section 25) reimbursement payable pursuant to numbered Section 25 hereto, make all repairs to and maintain the parking lot, driveways and sidewalks located on the Property in good condition and repair. During the Term hereof, or any extension thereto, Tenant will make all repairs and/or replacements to and be responsible for all general, ordinary and necessary maintenance of Tenant’s or subtenants’ employeesthe air conditioning, agentsheating, employeesventilating equipment, invitees or contractors.
plumbing, gas, electrical, sprinkler and other similar units and systems within and servicing the Leased Premises (“Systems”), as more fully detailed in numbered Section 10.6 Landlord shall have no liability to Tenant, the Rent shall not be abated8 hereto, and Tenant shall not be deemed actually or constructively evicted by reason of Landlord performing any repairs or other work to all or any portion interior of the Premises and/or the Real Property. Landlord shall endeavor to perform such repairs or other work in a manner that reasonably minimizes interference with the conduct of ▇▇▇▇▇▇’s business in the Premises and damage to the Leased Premises, Tenantincluding maintaining doors and windows in good condition and repair, to Landlord’s Work reasonable satisfaction, and Tenant’s Property, but Landlord is not required to employ overtime labor or incur additional expensestimely pay all expenses and reimbursements as provided in numbered Section 25 below.
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Sources: Lease (BYTE Acquisition Corp.)
Repairs and Maintenance. Section 10.1 Landlord shall, at Landlord’s expense, make all structural repairs needed to At the exterior walls, structural columns, structural roof, sole cost and structural floors that enclose expense of Tenant and throughout the Premises (excluding all doors, door frames, storefronts, windows and glass); provided that Tenant gives Landlord notice of the necessity for such repairs. Notwithstanding the foregoingterms hereof, Tenant shall reimburse Landlordkeep and maintain the Leased Premises in good order, as Additional Rentcondition and repair, within thirty (30) days in a clean, sanitary and safe condition in accordance with the laws of being billed therefor, for all such repair costs to structural elements that are necessitated by the negligence or misconduct of Tenant, its employees, contractors, agents, subtenants, employees, customers and invitees.
Section 10.2 If State in which the Leased Premises are sprinkleredlocated, Tenant shall be responsible, at Tenant’s sole cost and expense, for maintaining, in good order and repair and in compliance accordance with all Lawsdirections,, those elements rules and regulations of the sprinkler system within the Premiseshealth officer, including the repair and replacement fire marshall, building inspector, or any other proper officer of the sprinkler heads and pipes. If ▇▇▇▇▇▇mental agencies having jurisdiction over the Premises are not sprinklered and a sprinkler system in the Premises is required under applicable Laws for Tenant’s Permitted Use or manner of use of the Premises, or Tenant’s Work requires the installation of a sprinkler system in the Premises, Tenant shall install such system as part of Tenant’s Work, at Tenant’s expense.
Section 10.3 Subject to Articles 14 and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, all repairs and replacements needed to maintain in good condition and order the Premises and all installations, equipment and facilities therein, and all repairs and replacements needed to any plumbing, water, waste, heating, ventilating and air conditioning units (“HVAC Units”), and electric conduits, lines and equipment located outside the Premises that serve only the Leased Premises. Without limiting the foregoing, but subject to Articles 14 and 15 and Section 10.1, Tenant shall make be responsible for maintenance, repair and replacement as needed of all repairs electrical, plumbing, ventilating and replacements required with respect to utility systems located on the Leased Premises (including the HVAC UnitsFacilities), electrical all windows, window fittings and plumbing systems within the Premises sashes, and any rooftop or interior and exterior air conditioning equipment or HVAC Units serving only the Premisesdoors, any plumbing all fixtures within the Premises (including sinks Leased Premises, all interior walls, floors and toilets)ceilings, water heaters, termite and the plumbing linespest extermination, valves, all of Tenant's improvements and pipes connected to or running from such fixtures to the point at which such lines, valves and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premisestrade fixtures. Tenant shall also make, at Tenant’s expense, such repairs keep and replacements as are needed to keep maintain the sidewalks and walkways abutting the Leased Premises in good accordance with all requirements of law concerning the manner, usage and condition of the Leased Premises and orderappurtenances thereto, and shall keep such sidewalks and walkways [and areas behind as the Building to which Tenant has access] free of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements same shall be made in compliance with the provisions of this lease (including Article 5).
Section 10.4 Tenant shall enter into and maintain, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, with a reputable service company, reasonably satisfactory to Landlord, for the HVAC Units serving the Premises. Tenant shall, effect from time to time. Tenant shall permit no waste, furnish Landlord with a copy of such service contract, within ten (10) days after requestdamage or injury to the Leased Premises. If at any time and from time to time during the term hereof Tenant fails shall fail to obtain make any maintenance, repairs or maintain such service contract or replacements in and to deliver to Landlord a copy of such contract upon requestthe Leased Premises as required in this Lease, Landlord mayshall have the right, at its optionbut not the obligation, to 'enter into a service contract providing the Leased Premises and to make the same for the maintenance, repair, and servicing of the HVAC Units and bill Tenant for the charges due under such contract. Any such charges shall be paid by
Section 10.5 Subject to Section 13.4, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all damage to the Building resulting from any act or omission on behalf of Tenant, ▇▇▇▇▇▇’s subtenants, or any of Tenant’s or subtenants’ employees, agents, employees, invitees or contractors.
Section 10.6 and all sums so expended by Landlord shall have no liability to Tenant, the Rent shall not be abated, and Tenant shall not be deemed actually or constructively evicted by reason of to be additional rent hereunder and payable to Landlord performing any repairs or other work to all or any portion of the Premises and/or the Real Property. Landlord shall endeavor to perform such repairs or other work in a manner that reasonably minimizes interference with the conduct of ▇▇▇▇▇▇’s business in the Premises and damage to the Premises, Tenant’s Work and Tenant’s Property, but Landlord is not required to employ overtime labor or incur additional expensesupon demand.
Appears in 1 contract
Repairs and Maintenance. Section 10.1 Landlord shallExcept as otherwise provided in this Article, Tenant, at Landlord’s expense, make all structural repairs needed to the exterior walls, structural columns, structural roof, and structural floors that enclose the Premises (excluding all doors, door frames, storefronts, windows and glass); provided that Tenant gives Landlord notice of the necessity for such repairs. Notwithstanding the foregoing, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all such repair costs to structural elements that are necessitated by the negligence or misconduct of Tenant, its employees, contractors, agents, subtenants, employees, customers and invitees.
Section 10.2 If the Premises are sprinklered, Tenant shall be responsible, at Tenant’s sole cost and expense, for maintainingshall maintain the Demised Property and each part thereof, structural and non-structural, in good order and repair condition, ordinary wear and tear and damage by casualty and condemnation excepted (such obligations shall include, without limitation, the obligation to maintain all areas outside of the Building (including all sidewalks, driveways, landscaping, trash enclosures, and trash compacting and loading areas on the Demised Property), in a neat and clean condition, and ensuring that debris from the operation of the restaurant on the Demised Property are cleaned on a regular basis) and, subject to the terms and conditions of Article VI, shall make any necessary Repairs thereto, interior and exterior, whether extraordinary, foreseen or unforeseen but subject to the casualty and condemnation provisions of this Lease. Tenant and Landlord shall each pay one-half of the cost and expense of any Repairs requested by Landlord which are performed during the last year of the Lease Term. When used in this Article VII, the term “Repairs” shall include all such replacements, renewals, alterations, additions and betterments necessary for Tenant to properly maintain the Demised Property in good order and condition and in compliance with all Lawsapplicable laws. The adequacy of any and all Repairs to the Demised Property required or conducted pursuant to this Article VII shall be measured by and meet, those elements at a minimum, all of the sprinkler system within following standards: (1) at least equal in quality of material and workmanship to the Premises, including the repair and replacement condition of the sprinkler heads and pipes. If Demised Property prior to the Premises are not sprinklered and a sprinkler system in the Premises is required under applicable Laws need for Tenant’s Permitted Use or manner such Repairs; (2) avoidance of use of the Premises, or Tenant’s Work requires the installation of a sprinkler system in the Premises, Tenant shall install such system as part of Tenant’s Work, at Tenant’s expense.
Section 10.3 Subject to Articles 14 and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, all repairs and replacements needed to maintain in good condition and order the Premises any and all installations, equipment and facilities structural damage or injury to the Building or persons therein, ; (3) any and all repairs maintenance, service, operation and repair standards and requirements promulgated by Tenant for its (or its subsidiaries’ or affiliates’) restaurants; and (4) any and all repairs, replacements needed or upgrades necessary to any plumbing, water, waste, heating, ventilating and air conditioning units (“HVAC Units”), and electric conduits, lines and equipment located outside the Premises that serve only the Premises. Without limiting the foregoing, but subject to Articles 14 and 15 and Section 10.1, Tenant shall make all repairs and replacements required with respect to the HVAC Units, electrical and plumbing systems within the Premises and any rooftop or exterior air conditioning equipment or HVAC Units serving only the Premises, any plumbing fixtures within the Premises (including sinks and toilets), and the plumbing lines, valves, and pipes connected to or running from such fixtures to the point at which such lines, valves and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premises. Tenant shall also make, at Tenant’s expense, such repairs and replacements as are needed to keep the sidewalks and walkways abutting the Premises in good condition and order, and shall keep such sidewalks and walkways [and areas behind the Building to which Tenant has access] free of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall be made in ensure compliance with the provisions rules and regulations of this lease all governmental agencies having jurisdiction over the relevant Demised Property, including all Environmental Laws (including Article 5).
Section 10.4 Tenant as defined below) and shall enter into and conform to the requirements of any covenants, conditions, restrictions or other permitted encumbrances which are of record. Landlord shall have no duty whatsoever to maintain, replace, upgrade, or repair any portion of the Demised Property, and Tenant hereby expressly waives the right to make repairs at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to the expense of Landlord, with a reputable service company, reasonably satisfactory to Landlord, which right may be provided for the HVAC Units serving the Premises. Tenant shall, from time to time, furnish Landlord with a copy of such service contract, within ten (10) days after requestin any law now or hereinafter in effect. If Tenant fails or neglects to obtain commence and diligently proceed with all necessary Repairs or maintain fulfill its other obligations as set forth above (for the purposes hereof, application by Tenant for a building permit (if necessary under applicable law to commence the applicable Repair) shall be deemed to constitute the commencement of a Repair under this Article) within twenty (20) days after receipt of written notice of the need therefor describing the applicable Repair or other obligation (a “Repair Notice”) (except in emergency situations involving risk of further damage to the Demised Properties or injury to persons, in which case no such service contract grace period shall be applicable and Tenant shall be obligated to commence immediately all necessary Repairs and diligently proceed to complete same), then Landlord or its agents may enter the Demised Property for the purpose of making such Repairs or fulfilling those obligations (with Landlord making commercially reasonable efforts not to deliver to Landlord unreasonably interfere with Tenant’s business operations). All commercially reasonable out of pocket costs and expenses incurred as a copy consequence of such contract upon request, Landlord may, at its option, enter into a service contract providing for the maintenance, repair, and servicing of the HVAC Units and bill Tenant for the charges due under such contract. Any such charges Landlord’s action shall be paid by
Section 10.5 Subject by Tenant to Section 13.4, Tenant shall reimburse Landlord, as Additional Rent, Landlord within thirty twenty (3020) days after Landlord delivers to Tenant copies of being billed therefor, invoices for all damage to the Building resulting from any act or omission of Tenant, ▇▇▇▇▇▇’s subtenants, or any of Tenant’s or subtenants’ employees, agents, employees, invitees or contractors.
Section 10.6 Landlord shall have no liability to Tenant, the Rent shall not be abated, and Tenant shall not be deemed actually or constructively evicted by reason of Landlord performing any repairs such Repairs or other work to all or any portion obligations. These invoices shall be prima facie evidence of the Premises and/or payment of the Real Property. Landlord shall endeavor charges to perform such repairs or other work in a manner that reasonably minimizes interference with the conduct of ▇▇▇▇▇▇’s business in the Premises and damage to the Premises, be paid by Tenant’s Work and Tenant’s Property, but Landlord is not required to employ overtime labor or incur additional expenses.
Appears in 1 contract
Sources: Master Land and Building Lease (Ryan's Restaurant Leasing Company, LLC)
Repairs and Maintenance. Section 10.1 Landlord shallA. Tenant covenants throughout the Term, at Landlord’s its expense, to maintain in good order and repair the interior structure of the Leased Premises, and to maintain and replace when necessary, all window and door glass therein, interior and exterior, to maintain and repair all building service equipment therein including, but not limited to, electrical, plumbing, heating, air conditioning and sprinkler equipment, pipes, wires, ducts, fixtures and appliances; to make all structural ordinary and necessary repairs needed to any of the exterior wallsforegoing; to keep the Leased Premises in a safe, structural columns, structural roofclean, and structural floors sanitary condition; and to provide for the removal of trash and rubbish. Landlord warrants that enclose upon Tenant's occupancy, that the Premises (excluding all doors, door frames, storefronts, windows following are in good order and glass); provided that Tenant gives Landlord notice repair: interior structure of the necessity Leased Premises, all window and door glass therein, interior and exterior, all building service equipment therein including, but not limited to, electrical, plumbing, heating, air conditioning and sprinkler equipment, pipes, wires, ducts, fixtures and appliances; Landlord has made all ordinary and necessary repairs to any of the foregoing prior to Tenant's occupancy.
B. Landlord will provide, at Tenant's expense, for inspection at least once each calendar quarter, of the Building's heating, air conditioning and ventilating equipment (other than any such repairsequipment installed in the Leased Premises by Tenant). Notwithstanding Such inspection shall encompass the foregoingwork described on Exhibit "D" attached hereto and made a part of and provide for necessary repairs thereto. Landlord will provide Tenant with copies of all service calls and reports, Tenant shall reimburse upon written request to Landlord, as Additional Rent, within thirty (30) days after any service call.
C. Landlord agrees to perform at its expense, maintenance, repair and replacement to: (i) the exterior and structural portions of being billed thereforthe Building, for including without limitation, the replacement of parking lot; (ii) the roof and roof membrane; (iii) all utility and Building systems not exclusively serving the Leased Premises and those located outside of the Leased Premises; (iv) the Common Areas at the Real Property; and (v) gutters, downspouts, flashing and floor slab. The cost of all such repair costs to structural elements that repairs and replacements shall be allocated as set forth in Paragraph 12D of this Lease except when such repairs and/or replacements are necessitated by the negligence or misconduct other act or omission of Tenant, the Tenant or its employees, contractors, agents, subtenants, employees, customers and inviteescontractors or invitees (e.g. a roof penetration made by Tenant's contractor as part of the Tenant's initial improvements) in which event the cost shall be borne solely by Tenant.
Section 10.2 If D. During the Premises are sprinkleredTerm, Tenant shall be responsible, at Tenant’s sole cost and expense, for maintaining, in good order and repair and in compliance with all Laws, those elements of the sprinkler system within the Premises, including the repair and replacement of capital items (as determined by generally accepted accounting principles ("GAAP") such as the sprinkler heads and pipes. If the Premises are not sprinklered and a sprinkler system in the Premises is required under applicable Laws for Tenant’s Permitted Use or manner of use roof, roof membrane, building systems, structural elements of the PremisesBuilding, HVAC system components, utility connections, re-paving of parking lots and paved areas are to be the expense and responsibility of the Landlord, with no reimbursement by Tenant. Thereafter, during any extension or Tenant’s Work requires renewal of the installation Term, the cost of a sprinkler system in these items shall be amortized over their useful life, and the Premises, Tenant annual amortized portion of these costs shall install such system be passed through as Annual Operating Expenses. The repair of non-capital items as determined by GAAP shall be included as part of Tenant’s Work, at Tenant’s expense.
Section 10.3 Subject to Articles 14 and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, all repairs and replacements needed to maintain in good condition and order Annual Operating Expenses both during the Premises and all installations, equipment and facilities therein, and all repairs and replacements needed to any plumbing, water, waste, heating, ventilating and air conditioning units (“HVAC Units”), and electric conduits, lines and equipment located outside the Premises that serve only the Premises. Without limiting the foregoing, but subject to Articles 14 and 15 and Section 10.1, Tenant shall make all repairs and replacements required with respect to the HVAC Units, electrical and plumbing systems within the Premises Term and any rooftop extension or exterior air conditioning equipment or HVAC Units serving only the Premises, any plumbing fixtures within the Premises (including sinks and toilets), and the plumbing lines, valves, and pipes connected to or running from such fixtures to the point at which such lines, valves and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premises. Tenant shall also make, at Tenant’s expense, such repairs and replacements as are needed to keep the sidewalks and walkways abutting the Premises in good condition and order, and shall keep such sidewalks and walkways [and areas behind the Building to which Tenant has access] free of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall be made in compliance with the provisions of this lease (including Article 5)renewal thereof.
Section 10.4 Tenant shall enter into and maintain, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, with a reputable service company, reasonably satisfactory to Landlord, for the HVAC Units serving the Premises. Tenant shall, from time to time, furnish Landlord with a copy of such service contract, within ten (10) days after request. If Tenant fails to obtain or maintain such service contract or to deliver to Landlord a copy of such contract upon request, Landlord may, at its option, enter into a service contract providing for the maintenance, repair, and servicing of the HVAC Units and bill Tenant for the charges due under such contract. Any such charges shall be paid by
Section 10.5 Subject to Section 13.4, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all damage to the Building resulting from any act or omission of Tenant, ▇▇▇▇▇▇’s subtenants, or any of Tenant’s or subtenants’ employees, agents, employees, invitees or contractors.
Section 10.6 Landlord shall have no liability to Tenant, the Rent shall not be abated, and Tenant shall not be deemed actually or constructively evicted by reason of Landlord performing any repairs or other work to all or any portion of the Premises and/or the Real Property. Landlord shall endeavor to perform such repairs or other work in a manner that reasonably minimizes interference with the conduct of ▇▇▇▇▇▇’s business in the Premises and damage to the Premises, Tenant’s Work and Tenant’s Property, but Landlord is not required to employ overtime labor or incur additional expenses.
Appears in 1 contract
Sources: Lease Agreement (Innotrac Corp)
Repairs and Maintenance. Section 10.1 Landlord Lessee agrees to accept the demised premises in the physical order and condition existing on the date of commencement of the term of this Lease and Lessee shall, except as specified in Sections 39 and 40 below, throughout the term hereof, at Landlord’s Lessee's sole expense, make all necessary or appropriate repairs, replacements and renewals, interior and exterior, structural repairs needed and non-structural, foreseen and unforeseen, ordinary and extraordinary, required to keep and maintain the demised premises and all systems, equipment and apparatus appurtenant thereto, or used in connection therewith, including the loading docks, dock area and related equipment, in good order and condition, with the express exception of the roof, exterior support walls, structural columns, structural roofload bearing walls and buried pipes which shall be the sole responsibility of Lessor, and structural floors that enclose Lessee shall return the Premises (excluding all doorsdemised premises to Lessor in such good order and condition at the expiration of this Lease, door frames, storefronts, windows ordinary wear and glass); provided that Tenant gives Landlord notice of the necessity for such repairs. Notwithstanding the foregoing, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all such repair costs to structural elements that are necessitated tear not caused by the negligence of Lessee, or misconduct of Tenantthose employed or acting for Lessee, its employeesalone excepted. Any repairs, contractorsreplacements and renewals and/or labor or materials performed and/or furnished in, agents, subtenants, employees, customers and invitees.
Section 10.2 If on or about the Premises are sprinklered, Tenant demised premises shall be responsibleperformed or furnished in strict compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted municipal authorities or other governmental bodies having jurisdiction, and the requirements of any Board of Fire Underwriters having jurisdiction. Lessee at Tenant’s its sole cost and expense, shall be responsible for maintainingits snow removal, unless Lessee shall choose to use Lessor's snow removal contractor, in good order and repair and in compliance with all Laws, those elements which case Lessee shall pay forty-three percent (43%) of the sprinkler cost of all snow removal for the Property. 38 HVAC MAINTENANCE Lessee shall be responsible to keep the heating, ventilation and air-conditioning system within presently in the Premisesdemised premises in good operating order, including and Lessee agrees to take out and maintain in full force and effect, throughout the term of this Lease and any extension or renewal thereof, a standard maintenance contract for said HVAC system, providing a minimum of two (2) inspections per year, at its own cost and expense. Any and all repairs and/or maintenance requirements for said HVAC system not included as part of the standard maintenance contract shall be the responsibility of Lessor. If, however, Lessee installs any additional HVAC equipment in the demised premises, Lessee shall be solely responsible for the maintenance, repair and replacement of such additional equipment, which shall be Lessee's property and may be removed by Lessee at the sprinkler heads and pipes. If the Premises are not sprinklered and a sprinkler system in the Premises is required under applicable Laws for Tenant’s Permitted Use or manner termination of use of the Premisesthis Lease, or Tenant’s Work requires provided that Lessee repairs all damage incident to the installation and removal of a sprinkler system in the Premises, Tenant shall install such system as part of Tenant’s Work, at Tenant’s expensesame.
Section 10.3 Subject to Articles 14 and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, all repairs and replacements needed to maintain in good condition and order the Premises and all installations, equipment and facilities therein, and all repairs and replacements needed to any plumbing, water, waste, heating, ventilating and air conditioning units (“HVAC Units”), and electric conduits, lines and equipment located outside the Premises that serve only the Premises. Without limiting the foregoing, but subject to Articles 14 and 15 and Section 10.1, Tenant shall make all repairs and replacements required with respect to the HVAC Units, electrical and plumbing systems within the Premises and any rooftop or exterior air conditioning equipment or HVAC Units serving only the Premises, any plumbing fixtures within the Premises (including sinks and toilets), and the plumbing lines, valves, and pipes connected to or running from such fixtures to the point at which such lines, valves and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premises. Tenant shall also make, at Tenant’s expense, such repairs and replacements as are needed to keep the sidewalks and walkways abutting the Premises in good condition and order, and shall keep such sidewalks and walkways [and areas behind the Building to which Tenant has access] free of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall be made in compliance with the provisions of this lease (including Article 5).
Section 10.4 Tenant shall enter into and maintain, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, with a reputable service company, reasonably satisfactory to Landlord, for the HVAC Units serving the Premises. Tenant shall, from time to time, furnish Landlord with a copy of such service contract, within ten (10) days after request. If Tenant fails to obtain or maintain such service contract or to deliver to Landlord a copy of such contract upon request, Landlord may, at its option, enter into a service contract providing for the maintenance, repair, and servicing of the HVAC Units and bill Tenant for the charges due under such contract. Any such charges shall be paid by
Section 10.5 Subject to Section 13.4, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all damage to the Building resulting from any act or omission of Tenant, ▇▇▇▇▇▇’s subtenants, or any of Tenant’s or subtenants’ employees, agents, employees, invitees or contractors.
Section 10.6 Landlord shall have no liability to Tenant, the Rent shall not be abated, and Tenant shall not be deemed actually or constructively evicted by reason of Landlord performing any repairs or other work to all or any portion of the Premises and/or the Real Property. Landlord shall endeavor to perform such repairs or other work in a manner that reasonably minimizes interference with the conduct of ▇▇▇▇▇▇’s business in the Premises and damage to the Premises, Tenant’s Work and Tenant’s Property, but Landlord is not required to employ overtime labor or incur additional expenses.
Appears in 1 contract
Repairs and Maintenance. Section 10.1 Landlord Tenant accepts the Premises, buildings and improvements in "as in" condition. Tenant shall keep and maintain in a clean and orderly condition the Premises and make at its own expense all repairs and necessary replacements, including but not limited to, plumbing, heating, air conditioning, lighting fixtures, pipes and equipment, floor covering, ceiling, walls and plastering, windows the current alarm system as well as all kitchen equipment (except to the extent that damage to such items is caused by an act of God and shall be an insurable claim under the Landlord's property policy). Tenant shall replace any and all locks, keys or bolts which are damaged. Tenant shall, at Landlord’s its expense, make all structural repairs needed and additions to the exterior wallsPremises as required by any governmental agency for health or safety. Tenant, structural columnsat its expense, structural roofshall maintain all grass areas, if any, and structural floors that enclose the Premises (excluding shall mow all doors, door frames, storefronts, windows and glass); provided that Tenant gives Landlord notice of the necessity for grass areas at such repairsintervals necessary to neatly maintain such grass areas. Notwithstanding the foregoing, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all such repair costs to structural elements that are necessitated by the negligence or misconduct of Tenant, at its employees, contractors, agents, subtenants, employees, customers and invitees.
Section 10.2 If the Premises are sprinklered, Tenant shall be responsible, at Tenant’s sole cost and expense, for maintaining, in good order shall maintain and repair the guttering and in compliance with all Laws, those elements of the sprinkler system within the Premises, including the repair and replacement of the sprinkler heads and pipes. If the Premises are not sprinklered and a sprinkler system in the Premises is required under applicable Laws for Tenant’s Permitted Use or manner of use downspouts of the Premises, or Tenant’s Work requires and shall maintain. the installation of a sprinkler system in the Premisesparking areas, Tenant and shall install such system as part of Tenant’s Workremove rubbish, at Tenant’s expense.
Section 10.3 Subject to Articles 14 ice, and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, all repairs and replacements needed to maintain in good condition and order snow from the Premises and all installations, equipment and facilities therein, and all repairs and replacements needed to any plumbing, water, waste, heating, ventilating and air conditioning units (“HVAC Units”), and electric conduits, lines and equipment located outside the Premises that serve only the Premisesadjacent parking areas. Without limiting the foregoing, but subject to Articles 14 and 15 and Section 10.1, Tenant shall make all repairs and replacements required with respect to the HVAC Units, electrical and plumbing systems within the Premises and any rooftop or exterior air conditioning equipment or HVAC Units serving only the Premises, any plumbing fixtures within the Premises (including sinks and toilets), and the plumbing lines, valves, and pipes connected to or running from such fixtures to the point at which such lines, valves and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premises. Tenant shall also make, at Tenant’s expense, such repairs and replacements as are needed to keep the sidewalks and walkways abutting the Premises in good condition and order, and shall keep such sidewalks and walkways [and areas behind the Building to which Tenant has access] free of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall be made in compliance with the provisions of this lease (including Article 5).
Section 10.4 Tenant shall enter into and maintain, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, with a reputable service company, reasonably satisfactory to Landlord, for the HVAC Units serving the Premises. Tenant shall, from time to time, furnish Landlord with a copy of such service contract, within ten (10) days after request. If Tenant fails to obtain or maintain such service contract or to deliver to Landlord a copy of such contract upon request, Landlord may, at its optionexpense, enter into a service contract providing for the maintenanceshall maintain all exterior lighting. Should Tenant, in Landlord's sole reasonable opinion, fail to properly maintain, repair, or replace those items for which Tenant is responsible, Landlord may proceed to make said repairs or replacements and servicing recover the cost of the HVAC Units and bill Tenant for the charges due under such contract. Any such charges shall be paid by
Section 10.5 Subject to Section 13.4, Tenant shall reimburse Landlordsame from Tenant, as Additional Rent, within thirty (30) days of being billed therefor, for all damage to the Building resulting from any act or omission of Tenant, ▇▇▇▇▇▇’s subtenants, or any of Tenant’s or subtenants’ employees, agents, employees, invitees or contractorsadditional rent.
Section 10.6 Landlord shall have no liability to Tenant, the Rent shall not be abated, and Tenant shall not be deemed actually or constructively evicted by reason of Landlord performing any repairs or other work to all or any portion of the Premises and/or the Real Property. Landlord shall endeavor to perform such repairs or other work in a manner that reasonably minimizes interference with the conduct of ▇▇▇▇▇▇’s business in the Premises and damage to the Premises, Tenant’s Work and Tenant’s Property, but Landlord is not required to employ overtime labor or incur additional expenses.
Appears in 1 contract
Sources: Lease Agreement (Industrial Services of America Inc /Fl)
Repairs and Maintenance. Section 10.1 Landlord (a) Tenant shall at its own cost and expense keep, maintain and take good care of the premises and make all necessary repairs thereto, interior and exterior, structural and non-structural, ordinary and extraordinary, and shall suffer no waste or nuisance; provided, however, that the cost of maintenance and repair of any common party wall (any wall, divider, partition or any other structure separating the premises from any adjacent premises occupied by other tenants) shall be shared equally by Tenant and the Tenant occupying adjacent premises. Tenant shall not damage any party wall or disturb the integrity and support provided by any party wall and shall, at Landlord’s expense, make all structural repairs needed to the exterior walls, structural columns, structural roof, and structural floors that enclose the Premises (excluding all doors, door frames, storefronts, windows and glass); provided that Tenant gives Landlord notice of the necessity for such repairs. Notwithstanding the foregoing, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all such repair costs to structural elements that are necessitated by the negligence or misconduct of Tenant, its employees, contractors, agents, subtenants, employees, customers and invitees.
Section 10.2 If the Premises are sprinklered, Tenant shall be responsible, at Tenant’s sole cost and expense, for maintainingpromptly repair any damage or injury to any party wall caused by Tenant or its employees, agents or invitees. At the end of the term or other termination of this lease, Tenant shall deliver the premises with all improvements thereon in good order and repair and in compliance with all Lawscondition, those elements of reasonable wear and tear only excepted.
(b) Tenant shall at its own cost and expense care for the sprinkler system within grounds around the Premisesbuildings on the premises, including the repair regular mowing of grass, care of shrubs and replacement general landscaping, and maintenance of the sprinkler heads parking areas, driveways, alleys and pipes. If shall maintain the Premises are not sprinklered and a sprinkler system in the Premises is required under applicable Laws for Tenant’s Permitted Use or manner of use whole of the Premises, or Tenant’s Work requires premises in a clean and sanitary condition,
(c) In the installation event the premises constitute a portion of a sprinkler system in the Premisesmultiple occupancy building, Tenant shall install such system as part of Tenant’s Workand its employees, at Tenant’s expense.
Section 10.3 Subject to Articles 14 and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, all repairs and replacements needed to maintain in good condition and order the Premises and all installations, equipment and facilities thereincustomers, and all repairs licensees shall have the nonexclusive right to use, in common with the other parties occupying said building, the parking areas, driveways and replacements needed alleys adjacent to any plumbingsaid building, water, waste, heating, ventilating subject to such reasonable rules and air conditioning units (“HVAC Units”)regulations as Landlord may from time to time prescribe, and electric conduitsTenant shall, lines in lieu of the obligations set forth under subparagraph (b) above, be liable for its proportionate share of the cost and equipment located outside expense of the Premises that serve only care for the Premises. Without limiting grounds around the foregoingsaid building, including but subject to Articles 14 and 15 and Section 10.1not limited to, Tenant shall make all repairs and replacements required with respect to the HVAC Unitsmowing of grass, electrical and plumbing systems within the Premises and any rooftop or exterior air conditioning equipment or HVAC Units serving only the Premisescare of shrubs, any plumbing fixtures within the Premises (including sinks and toilets)general landscaping, and the plumbing linesmaintenance of parking areas, valves, driveways and pipes connected to or running from such fixtures to the point at which such lines, valves and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premisesalleys. Tenant shall also makeat Landlord's option either (i) pay when due its proportionate share of such costs and expenses along with the other tenants of the building directly to the persons performing such work, at Tenant’s expenseor (ii) reimburse Landlord upon demand for the amount of its proportionate share of such costs and expenses in the event Landlord elects to perform or cause to be performed such work.
(d) In the event the premises constitute a portion of a multiple occupancy building, such Landlord shall be responsible for coordinating any repairs and replacements as are needed to keep the sidewalks and walkways abutting the Premises in good condition and order, and shall keep such sidewalks and walkways [and areas behind the Building to which Tenant has access] free other maintenance of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall be made in compliance with the provisions of this lease (including Article 5).
Section 10.4 Tenant shall enter into and maintain, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, with a reputable service company, reasonably satisfactory to Landlord, for the HVAC Units any rail tracks serving the Premises. Tenant shall, from time to time, furnish Landlord with a copy of such service contract, within ten (10) days after request. If Tenant fails to obtain or maintain such service contract or to deliver to Landlord a copy of such contract upon request, Landlord may, at its option, enter into a service contract providing for serve the maintenance, repair, and servicing of the HVAC Units and bill Tenant for the charges due under such contract. Any such charges shall be paid by
Section 10.5 Subject to Section 13.4, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all damage to the Building resulting from any act or omission of Tenant, ▇▇▇▇▇▇’s subtenants, or any of Tenant’s or subtenants’ employees, agents, employees, invitees or contractors.
Section 10.6 Landlord shall have no liability to Tenant, the Rent shall not be abatedbuilding, and Tenant shall reimburse Landlord for Tenant's proportionate share of the costs of such repairs and maintenance and any other sums specified in any agreement to which Landlord is a party respecting such tracks.
(e) In the event Tenant shall fail to maintain the demised premises or any paving, landscaping or railroad siding in accordance with this paragraph 6, Landlord shall have the right (but not be deemed actually or constructively evicted by reason of Landlord performing any the obligation) to cause all repairs or other work maintenance to all or any portion of be made and the Premises and/or the Real Property. reasonable costs therefore expended by Landlord shall endeavor to perform such repairs or other work in a manner that reasonably minimizes interference with the conduct of ▇▇▇▇▇▇’s business in the Premises and damage to the Premises, Tenant’s Work and Tenant’s Property, but Landlord is not required to employ overtime labor or incur additional expensesbe paid by Tenant on written demand.
Appears in 1 contract
Sources: Lease Agreement (Asd Systems Inc)
Repairs and Maintenance. Section 10.1 (A) By Landlord. Landlord shall, at Landlord’s expense, shall perform all maintenance and make all structural repairs needed repairs, restoration and replacements to the exterior wallsBuilding not specifically imposed upon Tenant by the provisions hereof, structural columnsthe same to be included as Operating Expenses, structural roofsubject to and in accordance with the provisions of Section 6, except where the repair has been made necessary by misuse or neglect by Tenant, in which event Landlord shall nevertheless make the repair but subject to the provisions of 21(c) and structural floors that enclose the Premises (excluding all doors, door frames, storefronts, windows and glass); provided that Tenant gives Landlord notice of the necessity for such repairs. Notwithstanding the foregoing, Section 20 Tenant shall reimburse pay to Landlord, as Additional Rent, within thirty (30) days immediately upon demand, the cost therefor. Without limiting the generality of being billed thereforthe foregoing sentence or the following, for all such Landlord shall maintain, repair costs to structural elements that are necessitated by the negligence or misconduct of Tenantand replace, its employeesas necessary, contractors, agents, subtenants, employees, customers and invitees.
Section 10.2 If the Premises are sprinklered, Tenant shall be responsible, at Tenant’s sole cost and expense, for maintaining, keep in good order order, safe and repair and clean condition, in compliance with all Lawslaws, those elements rules, regulations and ordinances, and in a manner befitting a first class office building the same to be included as Operating Expenses, (1) the plumbing, sprinkler, HVAC and electrical and mechanical lines and equipment associated therewith, elevators and boilers, broken or damaged glass and damage by vandals; (2) utility and trunk lines, tanks and transformers and the interior and exterior structure of the sprinkler system within the PremisesBuilding, including the repair roof, exterior walls, bearing walls, support beams, floor slabs, foundation, support columns and replacement window frames; (3) the interior walls, ceilings, and floor coverings (including carpets and tiles) in the common areas of the sprinkler heads Building; (4) improvements to the land, including ditches, shrubbery, landscaping and pipes. If fencing; (5) changes at the Premises are not sprinklered hall corridor and a sprinkler system in at the Premises is required under applicable Laws for Tenant’s Permitted Use main directory; and (6) the common Building facilities located within or manner of use of the Premises, or Tenant’s Work requires the installation of a sprinkler system in the Premises, Tenant shall install such system as part of Tenant’s Work, at Tenant’s expense.
Section 10.3 Subject to Articles 14 and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, all repairs and replacements needed to maintain in good condition and order the Premises and all installations, equipment and facilities therein, and all repairs and replacements needed to any plumbing, water, waste, heating, ventilating and air conditioning units (“HVAC Units”), and electric conduits, lines and equipment located outside the Premises that serve only Building, including the Premises. Without limiting common entrances, corridors, interior and exterior doors and windows, loading docks, stairways, lavatory facilities (7) janitorial work for the foregoing, but subject to Articles 14 and 15 and Section 10.1, Tenant shall make all repairs and replacements required with respect to the HVAC Units, electrical and plumbing systems within the Premises and any rooftop or exterior air conditioning equipment or HVAC Units serving only the Premises, any plumbing fixtures within the Premises (including sinks and toilets), Leased Property and the plumbing linesProject, valves, (8) light bulb replacement and pipes connected to or running from such fixtures to the point at which such lines, valves and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or (9) maintenance of HVAC Units or other utility or service to the Premises. Tenant shall also make, at Tenant’s expense, such repairs and replacements as are needed to keep the sidewalks and walkways abutting the Premises in good condition and order, and shall keep such sidewalks and walkways [and areas behind the Building to which Tenant has access] free of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall be made in compliance with the provisions of this lease (including Article 5)equipment.
Section 10.4 Tenant shall enter into and maintain, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, with a reputable service company, reasonably satisfactory to Landlord, for the HVAC Units serving the Premises. Tenant shall, from time to time, furnish Landlord with a copy of such service contract, within ten (10) days after request. If Tenant fails to obtain or maintain such service contract or to deliver to Landlord a copy of such contract upon request, Landlord may, at its option, enter into a service contract providing for the maintenance, repair, and servicing of the HVAC Units and bill Tenant for the charges due under such contract. Any such charges shall be paid by
Section 10.5 Subject to Section 13.4, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all damage to the Building resulting from any act or omission of Tenant, ▇▇▇▇▇▇’s subtenants, or any of Tenant’s or subtenants’ employees, agents, employees, invitees or contractors.
Section 10.6 Landlord shall have no liability to Tenant, the Rent shall not be abated, and Tenant shall not be deemed actually or constructively evicted by reason of Landlord performing any repairs or other work to all or any portion of the Premises and/or the Real Property. Landlord shall endeavor to perform such repairs or other work in a manner that reasonably minimizes interference with the conduct of ▇▇▇▇▇▇’s business in the Premises and damage to the Premises, Tenant’s Work and Tenant’s Property, but Landlord is not required to employ overtime labor or incur additional expenses.
Appears in 1 contract
Repairs and Maintenance. Section 10.1 Landlord shall, at Landlord’s expense, make all structural repairs needed to the exterior walls, structural columns, structural roof, and structural floors that enclose the Premises (excluding all doors, door frames, storefronts, windows and glass); provided that Tenant gives Landlord notice 14.01. As of the necessity for such repairsCommencement Date, Subtenant shall take good care of the interior, non-structural portions of the Demised Premises. Notwithstanding the foregoing, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all such repair costs to structural elements that are necessitated by the negligence or misconduct of Tenant, its employees, contractors, agents, subtenants, employees, customers and invitees.
Section 10.2 If the Premises are sprinklered, Tenant shall be responsible, at Tenant’s At Subtenant's sole cost and expense, for maintainingSubtenant shall promptly make or cause to be made, all nonstructural maintenance repairs and replacements, to the interior, in good order and repair to the Demised Premises including without limitation all building equipment, glass, windows, doors, loading docks, loading bay doors, plumbing and electrical systems, heating, ventilation and air-conditioning ("HVAC") systems, and maintaining same and the Demised Premises in compliance with all Lawsa clean and orderly condition, those elements except Subtenant shall not be responsible for the foregoing arising out of (a) fire or casualty, or (b) Sublandlord's or its agents, employees or contractors', acts or omissions.
14.02. As of the sprinkler system within the PremisesCommencement Date, including the repair and replacement of the sprinkler heads and pipes. If the Premises are not sprinklered and a sprinkler system in the Premises is required under applicable Laws for Tenant’s Permitted Use or manner of use of the Premises, or Tenant’s Work requires the installation of a sprinkler system in the Premises, Tenant shall install such system as part of Tenant’s WorkSublandlord, at Tenant’s expense.
Section 10.3 Subject to Articles 14 its own cost and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, shall be responsible for all exterior and structural repairs and replacements needed to maintain in good condition and order the Demised Premises, the roof on the Demised Premises and all installations, equipment and facilities therein, and all repairs and replacements needed to any plumbing, water, waste, heating, ventilating and air conditioning units (“HVAC Units”), and electric conduits, lines and equipment plumbing electrical systems located outside the Demised Premises that serve only and serving the Demised Premises. Without limiting Notwithstanding the foregoingabove, but subject to Articles 14 Subtenant shall be responsible for annual, normal and 15 and Section 10.1, Tenant shall make all repairs and replacements required with respect to regular maintenance of the HVAC Units, electrical and plumbing systems within roof above the Premises and any rooftop or exterior air conditioning equipment or HVAC Units serving only the Demised Premises, any plumbing fixtures within the Premises cost of which shall not exceed Five Hundred (including sinks and toilets)$500.00) Dollars, and the plumbing lines, valves, and pipes connected to or running from such fixtures to the point at which such lines, valves and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premises. Tenant shall also make, at Tenant’s expense, such repairs and replacements as are needed to keep the sidewalks and walkways abutting the Premises in good condition and order, and shall keep such sidewalks and walkways [and areas behind the Building to which Tenant has access] free of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall be made in compliance with the provisions of this lease (including Article 5)annually.
Section 10.4 Tenant shall enter into and maintain14.03. As of the Commencement Date, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, with a reputable service company, reasonably satisfactory to Landlord, for the HVAC Units serving the Premises. Tenant shall, from time to time, furnish Landlord with a copy of such service contract, within ten (10) days after request. If Tenant fails to obtain or maintain such service contract or to deliver to Landlord a copy of such contract upon request, Landlord maySublandlord, at its optionown cost and expense, enter into a service contract providing subject to Subtenant's obligations for the maintenancepayment of Common Area Maintenance Charges under this Sublease, repair, shall be responsible for and servicing shall take good care of the HVAC Units Common Areas, including without limitation, all necessary repairs and bill Tenant for the charges due under such contract. Any such charges shall be paid by
Section 10.5 Subject to Section 13.4replacements, Tenant shall reimburse Landlordstriping, as Additional Rent, within thirty (30) days of being billed therefor, for all damage to the Building resulting from any act or omission of Tenant, ▇▇▇▇▇▇’s subtenants, or any of Tenant’s or subtenants’ employees, agents, employees, invitees or contractorssnow and ice removal.
Section 10.6 Landlord shall have no liability to Tenant, the Rent shall not be abated, and Tenant shall not be deemed actually or constructively evicted by reason of Landlord performing any repairs or other work to all or any portion of the Premises and/or the Real Property. Landlord shall endeavor to perform such repairs or other work in a manner that reasonably minimizes interference with the conduct of ▇▇▇▇▇▇’s business in the Premises and damage to the Premises, Tenant’s Work and Tenant’s Property, but Landlord is not required to employ overtime labor or incur additional expenses.
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Repairs and Maintenance. Section 10.1 Landlord shallThe Tenant agrees at all times, from and after occupancy of the premises, and at Landlord’s expenseits own cost and expense to repair, make all structural repairs needed to replace and maintain in good and tenable condition, the premises, excluding the roof, exterior walls, structural columns, structural roof, parts of the premises and structural floors that enclose floor, including without limitation: ● Floor covering, including carpeting, terrazo or other special flooring installed presently or at the Premises (excluding request of the tenant; ● Utility meters, pipes and conduits, all doorsfixtures, air conditioning and heating equipment serving the premises and other equipment therein; ● The store front, all Tenant signs, locks and closing devices, all window sash, casement or frames, door and door frames, storefrontsand all such items of repair, windows maintenance and improvement or reconstruction as may at any time or from time to time be required by a governmental agency having jurisdiction thereof; All glass); provided that Tenant gives Landlord notice , both interior and exterior, is at the sole risk of the necessity for such repairsTenant, and any glass broken shall be promptly replaced by the Tenant with glass of the same kind, size and quality. Notwithstanding Subject to the foregoing, Tenant the Landlord shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all such repair costs to structural elements that are necessitated by the negligence or misconduct of Tenant, its employees, contractors, agents, subtenants, employees, customers keep and invitees.
Section 10.2 If the Premises are sprinklered, Tenant shall be responsible, at Tenant’s sole cost and expense, for maintaining, in good order and repair and in compliance with all Laws, those elements of the sprinkler system within the Premises, including the repair and replacement of the sprinkler heads and pipes. If the Premises are not sprinklered and a sprinkler system in the Premises is required under applicable Laws for Tenant’s Permitted Use or manner of use of the Premises, or Tenant’s Work requires the installation of a sprinkler system in the Premises, Tenant shall install such system as part of Tenant’s Work, at Tenant’s expense.
Section 10.3 Subject to Articles 14 and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, all repairs and replacements needed to maintain in good condition and order repair, the Premises roof, exterior walls and all installationsstructural parts of the premises and structural floor, equipment pipes and facilities therein, and all repairs and replacements needed to any plumbing, water, waste, heating, ventilating and air conditioning units (“HVAC Units”), and electric conduits, lines and equipment located conduits outside the Premises that serve only premises for the Premises. Without limiting the foregoing, but subject to Articles 14 and 15 and Section 10.1, Tenant shall make all repairs and replacements required with respect furnishing to the HVAC Units, electrical and plumbing systems within the Premises and any rooftop or exterior air conditioning equipment or HVAC Units serving only the Premises, any plumbing fixtures within the Premises (including sinks and toilets), and the plumbing lines, valves, and pipes connected to or running from such fixtures premises of various utilities. Landlord warrants that to the point at which such linesbest of present knowledge, valves and pipes connect with on the Building’s common plumbing linesstart date of this lease, including such plumbing lines all items in the previous sentence are in good working condition.. Landlord shall not be required to make any repairs necessitated by reason of the negligence of the Tenant or ducts connecting anyone claiming under the Tenant, or by reason of the failure of the Tenant to perform or observe any roof-top conditions or exterior equipment agreements in this Lease caused by alterations, additions, or HVAC Units improvements made by the Tenant or other utility or service anyone claiming under the Tenant. Landlord shall not in any way be liable for failure to make repairs as herein specifically required of it unless the Premises. Tenant shall also make, at Tenant’s expense, has previously notified the Landlord in writing of the need for such repairs and replacements as are needed the Landlord has failed to keep commence and complete said repairs within a reasonable period of time following receipt of the sidewalks and walkways abutting the Premises in good condition and order, and shall keep such sidewalks and walkways [and areas behind the Building to which Tenant has access] free of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall be made in compliance with the provisions of this lease (including Article 5).
Section 10.4 Tenant shall enter into and maintain, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, with a reputable service company, reasonably satisfactory to Landlord, for the HVAC Units serving the Premises. Tenant shall, from time to time, furnish Landlord with a copy of such service contract, within ten (10) days after request's written notification. If Tenant fails refuses or neglect to obtain make repairs and/or maintain the premises or maintain such service contract or any part thereof, in a manner reasonable satisfactory to deliver to Landlord a copy of such contract upon requestthe Landlord, Landlord mayshall have the right, at upon giving Tenant reasonable written notice of its optionelection to do so, enter into a service contract providing to make such repairs or perform such maintenance on behalf of and for the maintenanceaccount of Tenant. In such event, repair, and servicing of the HVAC Units and bill Tenant for the charges due under such contract. Any such charges work shall be paid by
Section 10.5 Subject to Section 13.4, for Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days additional rent promptly upon receipt of being billed therefor, for all damage to the Building resulting from any act or omission of Tenant, a ▇▇▇▇▇▇’s subtenants, or any of Tenant’s or subtenants’ employees, agents, employees, invitees or contractors.
Section 10.6 Landlord shall have no liability to Tenant, ▇ therefore. As used in this Article the Rent shall not be abated, and Tenant expression "exterior walls" shall not be deemed actually to include store front or constructively evicted by reason of plate glass, window cases or window frames, door or door frames, security grilles or similar enclosures. It is understood that the Landlord performing shall be under no obligation to make any repairs repairs, alterations, renewals, replacements to and upon the premises or other work to all or the mechanical equipment exclusively serving the premises at any portion time except as in this Lease expressly provided. Upon surrender of the Premises and/or premises, the Real Property. Landlord Tenant shall endeavor to perform such repairs or other work in a manner that reasonably minimizes interference with the conduct of ▇▇▇▇▇▇’s business in the Premises and damage re-deliver to the PremisesLandlord in good order, Tenant’s Work condition and Tenant’s Propertystate of repair, but Landlord is not required to employ overtime labor or incur additional expensesordinary wear and tear accepted, and accepting such items of repair, as may be the Landlord's obligation hereunder.
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Repairs and Maintenance. Section 10.1 a. Except for the maintenance and repairs required of the Landlord pursuant to paragraph 10(f-h) below, Tenant shall maintain, replace, repair and keep all portions of the Building and Property which include but are not limited to interior wall surfaces from the face of any wall studs inward, doors, door hardware, plumbing, electrical and mechanical equipment which exclusively serve the Building and Property) in good order, operating condition and repair. Tenant shall also maintain all Tenant signage, trade fixtures, improvements, and equipment in good order, operation, condition, and repair. Tenant will keep the Building and Property in a clean, sanitary and safe condition in accordance with all directions, rules and regulations of any health officers, building inspectors or other proper officers of the governmental agencies in the county in which theBuilding and Property is located; and such other local, state or federal governmental authorities with jurisdiction over the Building and Property (collectively, the “Governmental Authorities”). Tenant shall permit no injury to the Building and Property, and shall, at Landlordits own cost and expense, replace with glass of the same or better quality any damaged or broken glass, including plate glass or other breakable materials used in structural portions of any interior or exterior windows and doors on the Building and Property.
b. Tenant shall dispose of all trash and waste materials in outside trash containers to be located in the designated trash areas or enclosures. Tenant shall flatten all boxes for dumping of trash.
c. Tenant shall, at its own cost and expense, replace any light bulbs, frames, ballasts, and accessory parts thereof on the Building and Property that may be broken or damaged during the Initial Lease Term and any renewal(s).
d. Tenant shall, at its sole cost and expense, contract directly with a janitorial service provider of Tenant’s choice, to provide janitorial services for the Building and Property at the hours and on the days required by Tenant.
e. In addition to other rights and remedies available to Landlord pursuant to this Lease, if Tenant fails to perform Tenant’s obligations under this Article 10, Landlord may enter upon the Building and Property after forty-five (45) days’ prior written Notice to Tenant (except in the case of an emergency, in which case no Notice shall be required), perform such obligations on Tenant’s behalf, and put the Building and Property in good order, condition and repair, at Tenant’s expense, make all structural repairs needed to the exterior walls, structural columns, structural roof, and structural floors that enclose the Premises (excluding all doors, door frames, storefronts, windows and glass); provided that Tenant gives Landlord notice of the necessity for such repairs. Notwithstanding the foregoing, in the event Tenant shall reimburse Landlordcommences any repair or maintenance as required hereunder during said 45-day period, but is unable to complete the same using commercially reasonable efforts, Tenant will be permitted to complete such repair or maintenance so long as Additional RentTenant is diligently pursuing completion of the same.
f. Upon termination of the Lease, Tenant agrees to leave the Building and Property in good condition and broom-clean, allowance being made for ordinary wear and tear. Tenant agrees that at the end of the term of this Lease any improvements made by Tenant and not removed by Tenant within thirty (30) days of being billed thereforthe later of: (i) the date this Lease terminates; and (ii) Tenant’s receipt of Notice from Landlord, for all such repair costs shall become the property of Landlord and remain upon the Building and Property, subject to structural elements that are necessitated by the negligence or misconduct terms of Tenant, its employees, contractors, agents, subtenants, employees, customers and inviteesExhibit D attached hereto.
Section 10.2 g. If the Premises are sprinkleredLandlord, Tenant shall be responsible, at Tenantin Landlord’s sole cost and expensediscretion, for maintaining, in good order and repair and in compliance with all Laws, those elements should elect to alter or change the architectural design or appearance of the sprinkler system within Building or Property or the Premises, including the repair and replacement design criteria for signage of the sprinkler heads Building and pipes. If the Premises are not sprinklered and a sprinkler system in the Premises is required under applicable Laws for Tenant’s Permitted Use or manner of use of the Premises, or Tenant’s Work requires the installation of a sprinkler system in the Premises, Tenant shall install such system as part of Tenant’s Work, at Tenant’s expense.
Section 10.3 Subject to Articles 14 and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, all repairs and replacements needed to maintain in good condition and order the Premises and all installations, equipment and facilities therein, and all repairs and replacements needed to any plumbing, water, waste, heating, ventilating and air conditioning units (“HVAC Units”), and electric conduits, lines and equipment located outside the Premises that serve only the Premises. Without limiting the foregoing, but subject to Articles 14 and 15 and Section 10.1, Tenant shall make all repairs and replacements required with respect to the HVAC Units, electrical and plumbing systems within the Premises and any rooftop or exterior air conditioning equipment or HVAC Units serving only the Premises, any plumbing fixtures within the Premises (including sinks and toilets), and the plumbing lines, valves, and pipes connected to or running from such fixtures to the point at which such lines, valves and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premises. Tenant shall also make, at Tenant’s expense, such repairs and replacements as are needed to keep the sidewalks and walkways abutting the Premises in good condition and order, and shall keep such sidewalks and walkways [and areas behind the Building to which Tenant has access] free of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall be made in compliance with the provisions of this lease (including Article 5).
Section 10.4 Tenant shall enter into and maintain, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, with a reputable service company, reasonably satisfactory to Landlord, for the HVAC Units serving the Premises. Tenant shall, from time to time, furnish Landlord with a copy of such service contract, within ten (10) days after request. If Tenant fails to obtain or maintain such service contract or to deliver to Landlord a copy of such contract upon requestProperty, Landlord may, at its optionLandlord’s cost and expense, enter into a service contract providing for remodel the maintenance, repair, and servicing storefront of the HVAC Units Building and bill Property and Landlord shall reimburse Tenant for the charges due under such contract. Any such charges shall be paid by
Section 10.5 Subject to Section 13.4, reasonable costs and expenses incurred by Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all damage to in the Building resulting from any act or omission of Tenant, ▇▇▇▇▇▇’s subtenants, or any alteration of Tenant’s exterior signage so as to comply with the new architectural design or subtenants’ employeesdesign criteria for signage. Notwithstanding the foregoing, agents, employees, invitees any alteration or contractors.
Section 10.6 Landlord shall have no liability change to Tenant, the Rent architectural design or appearance of the Building and Property or the design criteria for signage shall not be abated, and Tenant shall not be deemed actually or constructively evicted by reason unreasonably interfere with Tenant’s operation of Landlord performing any repairs or other work to all or any portion of the Premises and/or the Real Property. Landlord shall endeavor to perform such repairs or other work in a manner that reasonably minimizes interference with the conduct of ▇▇▇▇▇▇’s its business in the Premises Building and damage Property or ingress and/or egress thereto. The Landlord agrees to work with the Premises, Tenant to put a plan in place before construction begins that will assure that Landlord will use it good faith best efforts to minimize the impact of the construction work on theBuilding and Property and the Tenant’s Work and Tenant’s Property, but Landlord is not required to employ overtime labor or incur additional expensesbusiness.
Appears in 1 contract
Sources: Building Lease (Natural Grocers by Vitamin Cottage, Inc.)
Repairs and Maintenance. Section 10.1 18.1 Landlord shall, at Landlord’s expense, make all structural repairs needed to throughout the exterior walls, structural columns, structural roof, and structural floors that enclose the Premises (excluding all doors, door frames, storefronts, windows and glass); provided that Tenant gives Landlord notice term of the necessity for such repairs. Notwithstanding the foregoing, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all such repair costs to structural elements that are necessitated by the negligence or misconduct of Tenant, its employees, contractors, agents, subtenants, employees, customers and invitees.
Section 10.2 If the Premises are sprinklered, Tenant shall be responsiblethis Lease, at Tenant’s sole its own cost and expense, for maintainingand without any cost or expense to Tenant, in good order keep and repair and in compliance with all Laws, those elements of the sprinkler system within the Premises, including the repair and replacement of the sprinkler heads and pipes. If the Premises are not sprinklered and a sprinkler system in the Premises is required under applicable Laws for Tenant’s Permitted Use or manner of use of the Premises, or Tenant’s Work requires the installation of a sprinkler system in the Premises, Tenant shall install such system as part of Tenant’s Work, at Tenant’s expense.
Section 10.3 Subject to Articles 14 and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, all repairs and replacements needed to maintain in good condition and order repair the structural components of the footings, foundation, bottom floor slab, and load bearing walls of the Premises, subject to wear and tear consistent with commercially reasonable maintenance and repair standards applicable to comparable buildings. In addition, Landlord shall, at its own cost and expense, and without any cost or expense to Tenant, promptly repair any patent or latent defects in the design, materials or construction of the work required of Landlord under the Work Letter to the extent of Landlord's warranties in Section 14.2.
18.2 Except as otherwise set forth in Section 18.1, Landlord shall, throughout the term of this Lease, subject to reimbursement by Tenant as Operating Expenses under Section 7.1, and without any cost or expense to Landlord, keep and maintain in good, sanitary and neat order, condition, and repair, the Premises and every part thereof (subject to wear and tear consistent with commercially reasonable maintenance and repair standards applicable to comparable buildings), including structural and capital improvements, all installationsimprovements, fixtures, equipment and facilities thereinpersonal property built or installed in the Premises, and all repairs and replacements needed appurtenances thereto, including but not limited to any plumbingsidewalks, parking areas, curbs, roads, driveways, lighting standards, landscaping, sewers, water, wastegas and electrical distribution systems and facilities, heating, ventilating and air conditioning units (“HVAC Units”)drainage facilities, and electric conduitsall signs, lines both illuminated and equipment located outside the Premises non-illuminated that serve only are now or hereafter on the Premises. Without in any way limiting the foregoing, but subject to Articles 14 and 15 and Section 10.1, Tenant Landlord shall make all repairs and replacements required with respect to maintain the HVAC Units, electrical and plumbing systems within lines designating the Premises and any rooftop or exterior air conditioning equipment or HVAC Units serving only the Premises, any plumbing fixtures within the Premises (including sinks and toilets), and the plumbing lines, valves, and pipes connected to or running from such fixtures to the point at which such lines, valves and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premises. Tenant shall also make, at Tenant’s expense, such repairs and replacements as are needed to keep the sidewalks and walkways abutting the Premises parking spaces in good condition and orderpaint the same as often as may be necessary, and shall keep such sidewalks and walkways [and so that they are easily discernable at all times; resurface the parking areas behind as necessary to maintain it in good condition; paint any exterior portions of the Building as necessary to which Tenant has access] free of rubbish, snow, ice maintain them in good condition; and other obstructions, and otherwise maintain the roof in a safe and clean good condition. All such repairs and replacements shall be made in compliance with the provisions of this lease (including Article 5).
Section 10.4 Tenant shall enter into and maintain, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, with a reputable service company, reasonably satisfactory to Landlord, for the HVAC Units serving the Premises. Tenant shall, from time to time, furnish Landlord with a copy of such service contract, within ten (10) days after request. If Tenant fails to obtain or maintain such service contract or to deliver to Landlord a copy of such contract upon request, Landlord may, at its option, enter into a service contract providing for the maintenance, repair, and servicing of the HVAC Units and bill Tenant for the charges due under such contract. Any such charges shall be paid by
Section 10.5 Subject to Section 13.4, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all damage to the Building resulting from any act or omission of Tenant, ▇▇▇▇▇▇’s subtenants, or any of Tenant’s or subtenants’ employees, agents, employees, invitees or contractors.
Section 10.6 Landlord shall have no liability to Tenant, the Rent shall not be abated, and Tenant shall not be deemed actually or constructively evicted by reason of Landlord performing any repairs or other work to all or any portion of the Premises and/or the Real Property. Landlord shall endeavor to perform such repairs or other work in a manner that reasonably minimizes interference with the conduct of ▇▇▇▇▇▇’s business in the Premises and damage to the Premises, Tenant’s Work and Tenant’s Property, but Landlord is not required to employ overtime labor or incur additional expenses.
Appears in 1 contract
Repairs and Maintenance. Section 10.1 Landlord Tenant shall, at Landlord’s its expense, make throughout the Term, maintain and preserve, in first class condition, (subject to normal and customary wear and tear), the Premises and the fixtures and appurtenances therein. Except as otherwise specifically provided in EXHIBIT "B" hereto, Tenant shall also be responsible for all structural and non-structural repairs needed and replacements, interior and exterior, ordinary and extraordinary, in and to the exterior wallsPremises and the facilities and systems thereof (but not limited to, structural columns, structural the roof, the Premises, sidewalks, driveways, curbs, loading areas, landscaped areas and structural floors that enclose parking lot, and the Premises (excluding all doorselectrical, door framesmechanical, storefrontsHVAC, windows and glassplumbing systems); provided that . Tenant gives Landlord notice shall enter into a preventative maintenance and service contract with a reputable service provider for maintenance of the necessity for such repairsHVAC systems of the Premises. Notwithstanding Without limiting the generality of the foregoing, any repairs or replacements required to be made by Tenant shall reimburse Landlordincluding repairs to the mechanical, as Additional Rentelectrical, within thirty (30) days sanitary, HVAC, or other systems of being billed therefor, for all such repair costs to structural elements that are necessitated by the negligence or misconduct of Tenant, its employees, contractors, agents, subtenants, employees, customers and invitees.
Section 10.2 If the Premises are sprinklered, Tenant shall be responsibleperformed, at Tenant’s sole cost and 's expense, for maintaining, in good order by appropriately licensed contractors. All such repairs or replacements shall be subject to the supervision and repair and in compliance with all Laws, those elements control of the sprinkler system within the Premises, including the repair and replacement of the sprinkler heads and pipes. If the Premises are not sprinklered and a sprinkler system in the Premises is required under applicable Laws for Tenant’s Permitted Use or manner of use of the Premises, or Tenant’s Work requires the installation of a sprinkler system in the Premises, Tenant shall install such system as part of Tenant’s Work, at Tenant’s expense.
Section 10.3 Subject to Articles 14 and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, all repairs and replacements needed to maintain in good condition and order the Premises and all installations, equipment and facilities thereinLandlord, and all repairs and replacements needed to any plumbing, water, waste, heating, ventilating and air conditioning units (“HVAC Units”), and electric conduits, lines and equipment located outside shall be made with materials of equal or better quality than the Premises that serve only items being repaired or replaced. After Substantial Completion of the Premises. Without limiting the foregoing, but subject Landlord shall transfer to Articles 14 and 15 and Section 10.1, Tenant shall make all repairs and replacements required warranties Landlord has received with respect to any and all work, maintenance and service for which Tenant is responsible under the HVAC Units, electrical terms and plumbing systems within the Premises and any rooftop or exterior air conditioning equipment or HVAC Units serving only the Premises, any plumbing fixtures within the Premises (including sinks and toilets), and the plumbing lines, valves, and pipes connected to or running from such fixtures to the point at which such lines, valves and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premisesconditions of this Lease. Tenant shall also make, at Tenant’s expense, such repairs and replacements as are needed comply with all post-construction requirements including those relating to keep the sidewalks and walkways abutting the Premises in good condition and order, and shall keep such sidewalks and walkways [and areas behind the Building to which Tenant has access] free of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall be made in compliance with the provisions of this lease (including Article 5).
Section 10.4 Tenant shall enter into and maintain, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, with a reputable service company, reasonably satisfactory to Landlord, for the HVAC Units serving the Premises. Tenant shall, from time to time, furnish Landlord with a copy of such service contract, within ten (10) days after request. If Tenant fails to obtain or maintain such service contract or to deliver to Landlord a copy of such contract upon request, Landlord may, at its option, enter into a service contract providing for the maintenance, repair, and servicing load bearing capacity of the HVAC Units and bill Tenant for the charges due under such contract. Any such charges shall be paid by
Section 10.5 Subject to Section 13.4, Tenant shall reimburse Landlord, Improvements as Additional Rent, within thirty (30) days of being billed therefor, for all damage to the Building resulting from any act or omission of Tenant, ▇▇▇▇▇▇’s subtenants, or any of Tenant’s or subtenants’ employees, agents, employees, invitees or contractors.
Section 10.6 Landlord shall have no liability to Tenant, the Rent shall not be abated, and Tenant shall not be deemed actually or constructively evicted by reason of Landlord performing any repairs or other work to all or any portion of the Premises and/or the Real Property. Landlord shall endeavor to perform such repairs or other work in a manner that reasonably minimizes interference with the conduct of ▇▇▇▇▇▇’s business set forth in the Premises Final Plans and damage to the Premises, Tenant’s Work and Tenant’s Property, but Landlord is not required to employ overtime labor Specifications or incur additional expensesas otherwise directed by Landlord.
Appears in 1 contract
Sources: Building Lease (Datalink Corp)
Repairs and Maintenance. Section 10.1 8.1 The Tenant, at its sole cost and expense, shall take good care of and maintain the Demised Premises and the Personal Property, including following the maintenance schedules and procedures identified on Schedule 8.1 hereto and Schedule 6.3(a) to the Contribution Agreement and such other maintenance schedules and procedures as shall be mutually agreed upon by the parties hereto, and shall keep the Demised Premises and the Personal Property in good order, condition and repair throughout the Term and shall, in a good and workerlike manner, make all repairs therein and thereon, interior and exterior, structural and non-structural, necessary to keep the same in good order and condition, whether or not necessitated by obsolescence or wear and tear; provided, however, that the Landlord shall be responsible for making all structural repairs and replacements relating to the roof, the foundations or the exterior walls of any of the buildings comprising the Demised Premises other than (a) those structural repairs made in connection with routine and ordinary maintenance of the Demised Premises; and (b) those repairs made in connection with damage or injury caused by or resulting from Tenant's Alterations, or from carelessness, omission, neglect or improper conduct of Tenant, Tenant's agents, employees, invitees or licensees. Tenant shall give Landlord prompt notice of any defective condition that Landlord is required to repair and Landlord shall make all such repairs as soon as practicable.
Section 8.2 The Landlord shall, at Landlord’s the Tenant's cost and expense, make all structural repairs needed cause to be kept clean and free from dirt, snow, ice, rubbish, obstructions and encumbrances, the sidewalks, passageways, grounds, parking areas, walks, alleys and curbs within the Demised Premises; provided, however, that in lieu of paying or reimbursing the Landlord for the Tenant's proportionate share of the cost of such services, as reasonably determined by the Landlord and the Tenant, the Tenant may hire and pay for outside contractors to perform the same. The Landlord shall maintain, keep clean and free from dirt, snow, ice, rubbish, obstructions and encumbrances, the sidewalks, passageways, grounds, parking areas, walks, alleys and curbs within the Licensed Premises, and the Tenant shall pay to the exterior walls, structural columns, structural roof, and structural floors that enclose the Premises (excluding all doors, door frames, storefronts, windows and glass); provided that Tenant gives Landlord notice of the necessity for such repairs. Notwithstanding the foregoing, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days a pro rata share of being billed thereforthe cost thereof, for all such repair costs to structural elements that are necessitated as reasonably determined by the negligence or misconduct of Tenant, its employees, contractors, agents, subtenants, employees, customers Landlord and inviteesthe Tenant in accordance with Article 24 hereof and Exhibit "C" attached hereto. All amounts payable by the Tenant under this Section 8.2 shall be treated as Additional Rent hereunder.
Section 10.2 If the Premises are sprinklered, 8.3 The Tenant shall be responsible, at Tenant’s sole cost responsible for repairing and expense, for maintaining, maintaining the Personal Property in good order and repair and in compliance accordance with all Laws, those elements of the sprinkler system within the Premises, including the repair and replacement of the sprinkler heads and pipes. If the Premises are not sprinklered and a sprinkler system in the Premises is required under applicable Laws for Tenant’s Permitted Use or manner of use of the Premises, or Tenant’s Work requires the installation of a sprinkler system in the Premises, Tenant shall install such system Landlord's specifications as part of Tenant’s Work, at Tenant’s expense.
Section 10.3 Subject to Articles 14 and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, all repairs and replacements needed to maintain in good condition and order the Premises and all installations, equipment and facilities therein, and all repairs and replacements needed to any plumbing, water, waste, heating, ventilating and air conditioning units (“HVAC Units”), and electric conduits, lines and equipment located outside the Premises that serve only the Premises. Without limiting the foregoing, but subject to Articles 14 and 15 and Section 10.1, Tenant shall make all repairs and replacements required with respect provided to the HVAC Units, electrical and plumbing systems within the Premises and any rooftop or exterior air conditioning equipment or HVAC Units serving only the Premises, any plumbing fixtures within the Premises (including sinks and toilets), and the plumbing lines, valves, and pipes connected to or running from such fixtures to the point at which such lines, valves and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premises. Tenant shall also make, at Tenant’s expense, such repairs and replacements as are needed to keep the sidewalks and walkways abutting the Premises in good condition and order, and shall keep such sidewalks and walkways [and areas behind the Building to which Tenant has access] free of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall be made in compliance with the provisions of this lease (including Article 5).
Section 10.4 Tenant shall enter into and maintain, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, with a reputable service company, reasonably satisfactory to Landlord, for the HVAC Units serving the Premises. Tenant shall, from time to time, furnish Landlord with a copy of such service contract, within ten (10) days after request. If Tenant fails to obtain or maintain such service contract or to deliver to Landlord a copy of such contract upon request, Landlord may, at its option, enter into a service contract providing for the maintenance, repair, and servicing of the HVAC Units and bill Tenant for the charges due under such contract. Any such charges shall be paid by
Section 10.5 Subject to Section 13.4, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all damage to the Building resulting from any act or omission of Tenant, ▇▇▇▇▇▇’s subtenants, or any of Tenant’s or subtenants’ employees, agents, employees, invitees or contractors.
Section 10.6 Landlord shall have no liability to Tenant, the Rent shall not be abated, and Tenant shall not be deemed actually or constructively evicted by reason of Landlord performing any repairs or other work to all or any portion of the Premises and/or the Real Property. Landlord shall endeavor to perform such repairs or other work in a manner that reasonably minimizes interference with the conduct of ▇▇▇▇▇▇’s business in the Premises and damage to the Premises, Tenant’s Work and Tenant’s Property, but Landlord is not required to employ overtime labor or incur additional expenses.
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Sources: Lease Agreement (Accuride Corp)
Repairs and Maintenance. Section 10.1 (a) Landlord shallshall maintain in good order and repair, at Landlord’s expensesubject to normal wear and tear and subject to casualty and condemnation, the Building (excluding the Demised Premises and other portions of the Building leased to other tenants), the Building parking ATL01/10756990v6 facilities, the public areas and the, landscaped areas. Such maintenance shall be in a manner comparable to other buildings in Wildwood Office Park and shall include, without limitation, the "Maintenance Services", as defined below. Notwithstanding the foregoing obligation, the cost of any repairs or maintenance to the foregoing necessitated by the intentional acts or negligence of Tenant or its agents, contractors, employees, invitees, licensees, tenants or assigns, shall be borne solely by Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord within fifteen (15) days after demand. Landlord shall not be required to make all any repairs or improvements to the Demised Premises except structural repairs needed to necessary for safety and tenantability and material repairs necessitated by damage caused by Landlord, its agents or employees acting within the scope of their agency or employment. The term Maintenance Services shall include (i) maintaining the exterior walls, structural columnsexterior windows, structural roofexterior doors and roof of the Building, common areas, public corridors, stairs, elevators, storage rooms, restrooms, the heating, ventilating and air conditioning systems, electrical and plumbing systems of the Building, the walks, paving and landscaping surrounding the Building, (ii) grounds care, including, but not limited to, the sweeping of walks and parking areas and maintenance of landscaping in an attractive manner, illumination, snow removal, deicing and lawn care, all consistent with the grounds care of Wildwood Office Park, (iii) general maintenance, including supervision, inspections and management functions as typically carried out in Wildwood Office Park, and structural floors that enclose (iv) extermination and pest control services for the Premises Building (excluding all doorsand common areas herein) and parking deck for the Building when necessary. Notwithstanding any other term of this Lease, door frames, storefronts, windows and glass); provided if Landlord has requested that Tenant gives consent to a capital investment intended to promote safety and, pursuant to the terms of Article 9(a)(6) Tenant has not consented to the expenditure ("Unapproved Safety Expenditure"), Landlord notice shall have no obligation to make such expenditure. Furthermore, Tenant for itself and its employees hereby waives and releases Landlord from and agrees to hold Landlord harmless against any and all liability, loss, cost, damage or expense, including without limitation, court costs and reasonable attorneys fees, incurred or suffered by Tenant or its employees arising out of or resulting from the failure to make an Unapproved Safety Expenditure or to undertake actions that would have been made possible by such expenditure.
(b) Tenant covenants and agrees that it will take good care of the necessity Demised Premises and all alterations, additions and improvements thereto and will keep and maintain the same in good condition and repair, except for such repairs(i) normal wear and tear and (ii) casualty damage and condemnation. Notwithstanding Tenant shall at once report, in writing, to Landlord any defective or dangerous condition known to Tenant. To the foregoingfullest extent permitted by law, Tenant shall reimburse hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises as may be provided by any law, statute or ordinance now or hereafter in effect. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof, except as specifically and expressly herein set forth.
(c) If Landlord fails to keep or perform any of its obligations under the Lease with respect to repairs and maintenance of the Demised Premises or Building required under the Lease to be made by Landlord, if such failure materially and adversely affects ATL01/10756990v6 Tenant's ability to use the Demised Premises for normal business operations; or if Landlord fails to keep the common areas of the Building and Project in a condition at least comparable to the upkeep of other first class buildings in the area of the Building, and if either such failure materially and adversely affects Tenant's ability to use the Demised Premises for normal business operations; then, upon the continuance of such failure on Landlord's part for thirty (30) days after the receipt by Landlord and any mortgagee of notice from Tenant indicating with specificity the nature of the failure (or , in the case of any such failure which cannot reasonably be cured within thirty (30) days, within such additional period, if any, as Additional Rentmay be reasonably required by Landlord to cure such failure with due diligence), and without waiving or releasing Landlord from any obligation, then (i) Tenant may undertake to perform such obligation, and all sums actually paid or incurred by Tenant and all necessary and incidental costs and expenses (but not costs to improve the Building, Demised Premises or other facilities beyond rectifying Landlord's failure), including reasonable attorney's fees and expenses paid to legal counsel, incurred by Tenant in making such payment or performing such obligation, together with interest thereon at the prime rate of interest quoted from time to time by SunTrust Bank, N.A., main branch, Atlanta, Georgia, plus one percent (1%) interest per annum, from the date the payment in question is received by Tenant, shall be paid by Landlord to Tenant within thirty (30) days of being billed thereforafter demand, for all or (ii) Tenant may pursue any other remedies available to Tenant at law or in equity to collect payment and/or cause Landlord to cure such repair costs failure. Notwithstanding anything to structural elements that are necessitated by the negligence or misconduct of Tenant, its employees, contractors, agents, subtenants, employees, customers and invitees.
Section 10.2 If the Premises are sprinkleredcontrary set forth hereinabove, Tenant shall be responsible, at Tenant’s sole cost and expense, for maintaining, in good order and repair and in compliance with all Laws, those elements entitled to perform any such obligations of the sprinkler system Landlord only within the Premises, including the repair and replacement of the sprinkler heads and pipes. If the Demised Premises are not sprinklered and a sprinkler system or in the Premises is required under applicable Laws for Tenant’s Permitted Use or manner of use of the Premises, or Tenant’s Work requires the installation of a sprinkler system in the Premises, elevator lobbies on floors occupied solely by Tenant shall install such system as part of Tenant’s Work, at Tenant’s expense.
Section 10.3 Subject to Articles 14 and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, all repairs and replacements needed to maintain in good condition and order the Premises and all installations, equipment and facilities therein, and all repairs and replacements needed to any plumbing, water, waste, heating, ventilating and air conditioning units (“HVAC Units”), and electric conduits, lines and equipment located outside the Premises that serve only the Premises. Without limiting the foregoing, but subject to Articles 14 and 15 and Section 10.1, Tenant shall make all repairs and replacements required with respect to the HVAC Units, electrical and plumbing systems within the Premises and any rooftop or exterior air conditioning equipment or HVAC Units serving only the Premises, any plumbing fixtures within the Premises (including sinks and toilets), and the plumbing lines, valves, and pipes connected to or running from such fixtures to the point at which such lines, valves and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premises. Tenant shall also make, at Tenant’s expense, such repairs and replacements as are needed to keep the sidewalks and walkways abutting the Premises in good condition and order, and shall keep such sidewalks and walkways [and areas behind the Building to which Tenant has access] free of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall be made in compliance with the provisions of this lease (including Article 5).
Section 10.4 Tenant shall enter into and maintain, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, with a reputable service company, reasonably satisfactory to Landlord, for the HVAC Units serving the Premises. Tenant shall, from time to time, furnish Landlord with a copy of such service contract, within ten (10) days after request. If Tenant fails to obtain or maintain such service contract or to deliver to Landlord a copy of such contract upon request, Landlord may, at its option, enter into a service contract providing for the maintenance, repair, and servicing of the HVAC Units and bill Tenant for the charges due under such contract. Any such charges shall be paid by
Section 10.5 Subject to Section 13.4, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all damage to the Building resulting from any act or omission of Tenant, ▇▇▇▇▇▇’s subtenants, or any of Tenant’s or subtenants’ employees, agents, employees, invitees or contractors.
Section 10.6 Landlord shall have no liability to Tenant, the Rent shall not be abated, and Tenant shall not be deemed actually or constructively evicted by reason of Landlord performing any repairs or other work to all or any portion of the Premises and/or the Real Property. Landlord shall endeavor entitled to perform such repairs obligations with respect to any portions of the Building systems or facilities that serve any other tenant's space. Any contractors employed by Tenant to cure a Landlord failure hereunder shall be reputable contractors and Tenant upon completion of such work shall provide appropriate lien waivers to Landlord. In effectuating a cure in a manner connection with Tenant's self-help or cure rights hereunder, Tenant shall take precautions that reasonably minimizes a. reasonable building manager would undertake to avoid unreasonable interference with the conduct of ▇▇▇▇▇▇’s business other tenants in the Premises and damage to Building or the Premises, Tenant’s Work and Tenant’s Property, but Landlord is not required to employ overtime labor Building systems (such as electrical or incur additional expensesmechanical systems).
Appears in 1 contract
Repairs and Maintenance. Section 10.1 (a) Landlord shall at its expense maintain, repair and replace only the roof, downspouts, gutters, foundation, utility lines located outside the Premises and the structural soundness of the exterior walls of the Building in good repair, reasonable wear and tear excepted. Subject to Paragraph 10(f) below, Tenant shall repair, replace and pay for, any damage to the foregoing caused by the negligence of Tenant or Tenant's employees, agents or invitees, or caused by Tenant's default hereunder. The term "walls" as used herein shall not include windows, glass or plate glass, doors, special store fronts or office entries. Tenant shall immediately give Landlord written notice of defect or need for repairs, after which Landlord shall have reasonable opportunity to repair same or cure such defect. Landlord's liability with respect to any defects, repairs or maintenance for which Landlord is responsible under any of the provisions of this Lease shall be limited to the cost of such repairs or maintenance or the curing of such defect.
(b) Tenant shall at its own cost and expense maintain, repair and replace all parts of the Premises (except those for which Landlord is expressly responsible under the terms of this Lease) in good condition, reasonable wear and tear excepted, promptly making all necessary repairs and replacements, including, but not limited to, windows, glass and plate glass, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debris. The foregoing notwithstanding, Tenant shall not be obligated to repair any casualty covered by the insurance to be maintained by Landlord pursuant to subparagraph 10(a) below.
(c) If either party hereto shall fail to fulfill its obligations under this paragraph, the other party hereto may enter upon the area of the Building or the Premises as required to conduct the obligations of the defaulting party, and shall be entitled to reimbursement from the defaulting party for its actual costs and expenses in conducting such obligations. The defaulting party shall reimburse the other party hereto for its actual costs and expense promptly upon demand made by the other party hereto. The provisions of this subparagraph shall not be interpreted to obligate either party hereto to conduct obligations of the other party hereto.
(d) Tenant shall enter into a maintenance contract providing for the periodic maintenance of all hot water, heating and air conditioning systems and units in the Premises, and removal and replacement of filters, and shall enter into a janitorial contract providing for the daily cleaning of the Premises. These contracts shall be with parties and upon such terms and conditions as shall be reasonably approved by Landlord. Tenant shall provide Landlord a copy of such contracts within five days of the execution of this Lease.
(e) Tenant shall not damage any demising wall of the Building, or disturb the integrity and support provided by any demising wall and shall, at Landlord’s its sole cost and expense, make all structural repairs needed promptly repair any damage or injury to any demising wall caused by Tenant or its employees, agents or invitees, subject to the exterior wallsprovisions of Paragraph 10(f) below.
(f) Tenant and its employees, structural columns, structural roofcustomers and licensees shall have the non- exclusive right to use the parking areas, and structural floors common areas in the Building as may be designated by Landlord in writing, subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking shall be available at the Building at a ratio of no less than four parking spaces per every 1,000 rentable square feet. Landlord shall not be responsible for enforcing Tenant's parking rights against any third parties. Landlord may require, at its option, in its sole discretion, that enclose the Premises (excluding all doors, door frames, storefronts, windows and glass); provided that Tenant gives Landlord notice of the necessity for such repairs. Notwithstanding the foregoing, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all such repair costs to structural elements that are necessitated by the negligence or misconduct of Tenant, its employees, contractors, agents, subtenants, employees, customers and invitees.
Section 10.2 If the Premises are sprinklered, Tenant shall be responsible, at Tenant’s sole cost and expense, for maintaining, in good order and repair and in compliance with all Laws, those elements of the sprinkler system within the Premises, including the repair and replacement of the sprinkler heads and pipes. If the Premises are not sprinklered and a sprinkler system in the Premises is required under applicable Laws for Tenant’s Permitted Use or manner of use of the Premises, or Tenant’s Work requires the installation of a sprinkler system in the Premises, Tenant shall install such system as part of Tenant’s Work, at Tenant’s expense.
Section 10.3 Subject to Articles 14 and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, all repairs and replacements needed to maintain in good condition and order the Premises and all installations, equipment and facilities therein, and all repairs and replacements needed visitors use certain numbered spaces to any plumbing, water, waste, heating, ventilating and air conditioning units (“HVAC Units”), and electric conduits, lines and equipment located outside the Premises that serve only the Premises. Without limiting the foregoing, but subject to Articles 14 and 15 and Section 10.1, Tenant shall make all repairs and replacements required with respect to the HVAC Units, electrical and plumbing systems within the Premises and any rooftop or exterior air conditioning equipment or HVAC Units serving only the Premises, any plumbing fixtures within the Premises (including sinks and toilets), and the plumbing lines, valves, and pipes connected to or running from such fixtures to the point at which such lines, valves and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premises. Tenant shall also make, at Tenant’s expense, such repairs and replacements as are needed to keep the sidewalks and walkways abutting the Premises in good condition and order, and shall keep such sidewalks and walkways [and areas behind the Building to which Tenant has access] free of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall be made in compliance with the provisions of this lease (including Article 5)designated by Landlord.
Section 10.4 Tenant shall enter into and maintain, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, with a reputable service company, reasonably satisfactory to Landlord, for the HVAC Units serving the Premises. Tenant shall, from time to time, furnish Landlord with a copy of such service contract, within ten (10) days after request. If Tenant fails to obtain or maintain such service contract or to deliver to Landlord a copy of such contract upon request, Landlord may, at its option, enter into a service contract providing for the maintenance, repair, and servicing of the HVAC Units and bill Tenant for the charges due under such contract. Any such charges shall be paid by
Section 10.5 Subject to Section 13.4, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all damage to the Building resulting from any act or omission of Tenant, ▇▇▇▇▇▇’s subtenants, or any of Tenant’s or subtenants’ employees, agents, employees, invitees or contractors.
Section 10.6 Landlord shall have no liability to Tenant, the Rent shall not be abated, and Tenant shall not be deemed actually or constructively evicted by reason of Landlord performing any repairs or other work to all or any portion of the Premises and/or the Real Property. Landlord shall endeavor to perform such repairs or other work in a manner that reasonably minimizes interference with the conduct of ▇▇▇▇▇▇’s business in the Premises and damage to the Premises, Tenant’s Work and Tenant’s Property, but Landlord is not required to employ overtime labor or incur additional expenses.
Appears in 1 contract
Repairs and Maintenance. Section 10.1 Landlord shallTenant shall maintain, repair, or replace (and so deliver at Landlord’s expensethe end of the Lease Term) each and every part of the Demised Premises, make including without limitation, all structural repairs needed to the exterior interior glass, interior doorways and doors, interior walls, structural columnsinterior ceilings, structural roofinterior floors, plumbing from the point at which it departs from the water or sewer mains, electrical, HVAC, fire protection sprinklers from the point at which they depart from the sprinkler main, and structural floors all equipment located within the Demised Premises, all equipment or other items on the roof that enclose serve the Demised Premises, all equipment in the dock areas serving the Demised Premises (excluding such as Tenant’s electrical services, gas services, etc.) and all doors, door frames, storefronts, windows and glass); provided equipment serving the dock areas that Tenant gives Landlord notice are part of the necessity for such repairs. Notwithstanding Demised Premises (including dock levelers, dock seals and rear canopies, but excluding the foregoing, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all such repair costs to structural elements standard dock doors that are necessitated furnished by Landlord for each dock) in the negligence or misconduct same state of Tenantfirst class repair and condition as it had been on the Commencement Date, its employees, contractors, agents, subtenants, employees, customers and invitees.
Section 10.2 If the Premises are sprinklered, Tenant shall be responsible, make at Tenant’s sole cost and expenseexpense such replacements, for maintainingrestorations, renewals or repairs, in good order quality equivalent to the original work replaced, as may be required to so maintain the same, ordinary wear and tear only excepted, unless such unsatisfactory state of repair and in compliance with all Laws, those elements condition is caused solely by the gross negligence or willful misconduct of the sprinkler system within Landlord or Landlord’s employees, agents or contractors. Equipment servicing the Demised Premises that is located outside the Demised Premises shall be maintained by Tenant if it was installed by the Tenant or by the Landlord as part of Landlord’s Work (e.g. HVAC equipment located on the roof). Tenant shall make no exterior or interior alterations, except for (1) alterations other than as required pursuant to Tenant’s obligations to make repairs and maintain the Demised Premises; and (2) cosmetic, including the repair non-structural alterations, such as painting, carpeting, and replacement wall papering, costing less than $10,000 per alteration or series of the sprinkler heads alterations (such alterations requiring written notice to Landlord, but not Landlord’s written consent), without Landlord’s prior written consent, and pipes. If the Premises are in any case, all work performed by Tenant shall be done in a good and workmanlike manner, and so as not sprinklered and a sprinkler system to disturb or inconvenience other tenants in the Building or on the Property. Tenant shall not at any time permit any work to be performed on the Demised Premises except by duly licensed contractors or artisans, each of whom must carry general public liability insurance, in such amounts as are reasonably directed by Landlord and under which Landlord is required under applicable Laws for Tenant’s Permitted Use or manner an additional insured, certificates of use of the Premises, which shall be furnished to Landlord. At no time may Tenant or Tenant’s Work requires contractors, agents or employees do any work that results in a claim of lien against the installation Demised Premises or any other property of a sprinkler system in the PremisesLandlord. Upon termination of the Lease or vacation of the Demised Premises by Tenant, Tenant shall install such system as part of Tenant’s Work, at Tenant’s expense.
Section 10.3 Subject to Articles 14 and 15 and Section 10.1: Tenant shall make, restore at Tenant’s sole expense, all repairs and replacements needed to maintain in good condition and order expense the Demised Premises and all installations, equipment and facilities therein, and all repairs and replacements needed to any plumbing, water, waste, heating, ventilating and air conditioning units (“HVAC Units”), and electric conduits, lines and equipment located outside the Premises that serve only the Premises. Without limiting the foregoing, but subject to Articles 14 and 15 and Section 10.1, Tenant shall make all repairs and replacements required with respect to the HVAC Unitssame condition as existed at the completion of Landlord’s Work, electrical ordinary wear and plumbing systems within the Premises and any rooftop or exterior air conditioning equipment or HVAC Units serving tear only the Premisesexcepted; provided, any plumbing fixtures within the Premises (including sinks and toilets)however, and the plumbing lines, valves, and pipes connected that Landlord may elect to or running from such fixtures require Tenant to the point at which such lines, valves and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premises. Tenant shall also make, at leave alterations performed by Tenant’s expense, such repairs and replacements as are needed to keep the sidewalks and walkways abutting the Premises in good condition and order, and shall keep such sidewalks and walkways [and areas behind the Building to which Tenant has access] free of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall be made in compliance with the provisions of this lease (including Article 5).
Section 10.4 Tenant shall enter into and maintain, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, with a reputable service company, reasonably satisfactory to Landlord, for the HVAC Units serving the Premises. Tenant shall, from time to time, furnish Landlord with a copy of such service contract, within ten (10) days after request. If Tenant fails to obtain or maintain such service contract or to deliver to Landlord a copy of such contract upon request, Landlord may, at its option, enter into a service contract providing for the maintenance, repair, and servicing of the HVAC Units and bill Tenant for the charges due under such contract. Any such charges shall be paid by
Section 10.5 Subject to Section 13.4, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all damage to the Building resulting from any act or omission of Tenant, ▇▇▇▇▇▇’s subtenants, or any of Tenant’s or subtenants’ employees, agents, employees, invitees or contractors.
Section 10.6 Landlord shall have no liability to Tenant, the Rent shall not be abated, and Tenant shall not be deemed actually or constructively evicted by reason of Landlord performing any repairs or other work to all or any portion of the Premises and/or the Real Property. Landlord shall endeavor to perform such repairs or other work in a manner that reasonably minimizes interference with the conduct of ▇▇▇▇▇▇’s business in the Premises and damage to the Premises, Tenant’s Work and Tenant’s Property, but Landlord is not required to employ overtime labor or incur additional expenses.
Appears in 1 contract
Repairs and Maintenance. Section 10.1 Landlord shallA. Tenant, at Landlord’s all times throughout the Term, and at its sole expense, make all structural repairs needed to the exterior walls, structural columns, structural roof, shall keep and structural floors that enclose maintain the Premises (excluding all doors, door frames, storefronts, windows and glass); provided that Tenant gives Landlord notice of the necessity for such repairs. Notwithstanding the foregoing, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all such repair costs to structural elements that are necessitated by the negligence or misconduct of Tenant, its employees, contractors, agents, subtenants, employees, customers and invitees.
Section 10.2 If the Premises are sprinklered, Tenant shall be responsible, at Tenant’s sole cost and expense, for maintaining, in good order and repair and in clean, safe, orderly, sanitary and first class condition in compliance with all Lawsapplicable laws, those elements codes, ordinances, rules and regulations, free of the sprinkler system within the Premisesany accumulation of dirt and rubbish, including the repair and replacement of the sprinkler heads and pipes. If the Premises are not sprinklered and a sprinkler system in the Premises is required under applicable Laws for Tenant’s Permitted Use or manner of use of the Premises, or Tenant’s Work requires the installation of a sprinkler system in the Premises, Tenant shall install such system as part arrange its own trash removal. Tenant's obligations extend to the entirety of Tenant’s Work, at Tenant’s expense.
Section 10.3 Subject to Articles 14 and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, all repairs and replacements needed to maintain in good condition and order the Premises and all installations, equipment and facilities therein, and all repairs and replacements needed to any plumbing, water, waste, heating, ventilating and air conditioning units (“HVAC Units”), and electric conduits, lines and equipment located outside the Premises that serve only the Premises. Without limiting the foregoing, but subject to Articles 14 and 15 and Section 10.1, Tenant shall make all repairs and replacements required with respect to the HVAC Units, electrical and plumbing systems within the Premises and any rooftop or exterior air conditioning equipment or HVAC Units serving only the Premises, any plumbing fixtures within the Premises (including sinks and toilets), and the plumbing lines, valves, and pipes connected to or running from such fixtures to the point at which such lines, valves and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premises. Tenant shall also make, at Tenant’s expense, such repairs and replacements as are needed include but not be limited to keep the sidewalks and walkways abutting the Premises in good condition and order, and shall keep such sidewalks and walkways [and areas behind the Building to which Tenant has access] free of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall be made in compliance with the provisions of this lease (including Article 5).
Section 10.4 Tenant shall enter into and maintain, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, with a reputable service company, reasonably satisfactory to Landlord, for the HVAC Units serving the Premises. Tenant shall, from time to time, furnish Landlord with a copy of such service contract, within ten (10) days after request. If Tenant fails to obtain or maintain such service contract or to deliver to Landlord a copy of such contract upon request, Landlord may, at its option, enter into a service contract providing for the maintenance, repair, and servicing replacement, if necessary, of all interior lighting, HVAC, parking lot, driveways located on the Premises, sidewalks, loading docks and exterior light fixtures located on the Premises, landscaping on the Premises, electrical and plumbing systems including without limitation all sewer lines, fixtures and equipment, all restrooms, all interior walls and ceilings, partitions, and doors and windows, including the regular painting of the HVAC Units interior of the Building, and bill the replacement of all broken glass from all doors and windows unless breakage is due to a defect in the design, materials or workmanship of the Building or the Premises (excluding Tenant's design errors), to a breach of Landlord's own repair and maintenance obligations under this Lease, or to Landlord's negligence. When used in this provision, the term "repairs" shall include ordinary and customary replacements or renewals when necessary, and all such repairs made by the Tenant for the charges due under such contract. Any such charges shall be paid byequal in quality and class to the original work.
B. Notwithstanding anything in Section 10.5 Subject to Section 13.412.A of this Lease, Tenant shall reimburse specifically not be required to perform or pay for any structural changes or capital expenditures on the Premises in order to comply (i) any law, ordinance, rule or regulation; or (ii) with any recommendation of Landlord's insurance rating organization, unless the same is required as Additional Rentthe direct result of Tenant's particular use of the Premises (as opposed to Tenant's mere occupancy of the Premises or Tenant's conduct of business, within generally), except to the extent that Tenant is required to pay to Landlord Tenant's pro rata share of certain amortized capital expenditures as provided in Section 47 of this Lease.
C. If Tenant fails, refuses or neglects to maintain or repair the Premises as required in Section 12.A of this Lease for thirty (30) days after notice shall have been given Tenant, Landlord may make such repairs without liability to Tenant for any loss or damage that may accrue to Tenant's merchandise, fixtures or other property or to Tenant's business by reason thereof (except that Landlord shall be liable for its own negligence or willful misconduct), and upon completion thereof, Tenant shall pay to Landlord all reasonable costs plus 10% for overhead incurred by Landlord in making such repairs within fifteen (15) business days after Tenant receives from Landlord the ▇▇▇▇ therefor with supporting documentation.
D. Landlord shall be responsible for maintenance, repair and replacement of being billed thereforthe structural elements of the roof and shall keep the foundation (concrete slab floor), for exterior walls, and all other structural portions of the Premises and the Building (not otherwise designated to be maintained and repaired by Tenant) in good repair and in a clean, safe, sanitary and first class condition and in compliance with all applicable laws, codes, ordinances, rules and regulations, and if necessary or required by proper governmental authority, make modifications or replacements thereof, except that Landlord shall not be required to make any such repairs, modifications or replacements which become necessary to desirable by reason of the negligence or willful misconduct of Tenant, its agents, servants or employees, or by reason of anyone illegally entering or upon the Premises, which repairs, modifications or replacements shall be made by Tenant at is sole expense. Landlord shall also remedy, at Landlord's sole expense, any latent defects in the Building and the Tenant Improvements, as well as any damage to the Building resulting from any Premises caused by the willful act or omission negligence of TenantLandlord or its agents. Landlord shall also repair any defects or failures in building systems to the extent the same were not constructed in accordance with the terms of this Lease or applicable law. Notwithstanding the foregoing, ▇▇▇▇▇▇’s subtenants, or any of Tenant’s or subtenants’ employees, agents, employees, invitees or contractors.
Section 10.6 Landlord shall have no liability to under this paragraph for any repair, maintenance or replacement required because of Tenant, the Rent shall not be abated's own design error, and Tenant shall not be deemed actually nothing in this Section 12.D will alter Tenant's obligation to pay Operating Costs to Landlord under Section 47 of this Lease even though this Section 12.D may impose on Landlord the obligation of performing the necessary maintenance, repair or constructively evicted by reason of Landlord performing any repairs or other work to all or any portion of the Premises and/or the Real Property. Landlord shall endeavor to perform such repairs or other work in a manner that reasonably minimizes interference with the conduct of ▇▇▇▇▇▇’s business in the Premises and damage to the Premises, Tenant’s Work and Tenant’s Property, but Landlord is not required to employ overtime labor or incur additional expensesreplacement.
Appears in 1 contract
Sources: Lease Agreement (Wells Real Estate Investment Trust Inc)
Repairs and Maintenance. Section 10.1 A. Landlord shall, at Landlord’s expense, make all structural repairs needed to the exterior walls, structural columns, structural roof, and structural floors that enclose the Premises (excluding all doors, door frames, storefronts, windows and glass); provided that Tenant gives Landlord notice of the necessity for such repairs. Notwithstanding the foregoing, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all such repair costs to structural elements that are necessitated by the negligence or misconduct of Tenant, its employees, contractors, agents, subtenants, employees, customers and invitees.
Section 10.2 If the Premises are sprinklered, Tenant shall be responsible, at Tenant’s sole cost and expense, for maintainingmaintain and repair the roof and structural elements of the Building, the driveways and parking areas located on the Land, and, subject to Tenant’s maintenance and repair obligations in Paragraphs 12(b) and 12(c) below, the heating, ventilating, and air conditioning systems serving the Premises (“HVAC”) and the mechanical, electrical, and plumbing systems currently serving the Premises (collectively, the “Building Systems”). On the Commencement Date, Landlord shall deliver the HVAC and Building Systems in good order and repair.
B. Tenant will, at its cost and expense, maintain and repair and in compliance with all Laws, those the non-structural elements of the sprinkler system within Premises and make such repairs to the Premises, including the repair Premises as and replacement when needed for its use and occupancy of the sprinkler heads Premises and pipes. If to preserve the Premises are not sprinklered in substantially the same (or better) condition, as it existed at the Commencement Date, ordinary wear and a sprinkler system in tear and damage for which Landlord is responsible excepted (the “Building Maintenance”), to the extent that such Building Maintenance is reasonably necessary during the Term hereof. Tenant shall be solely responsible for obtaining any services required by Tenant for its Permitted Use. With regard to the use and occupancy of the Premises is required under applicable Laws for by Tenant’s Permitted Use or manner of use of the Premises, or Tenant’s Work requires the installation of a sprinkler system in the Premises, Tenant shall install such system as part of Tenant’s Work, at Tenant’s expense.
Section 10.3 Subject to Articles 14 and 15 and Section 10.1: Tenant shall make, at Tenant’s its sole expense, (1) keep the inside and outside of all repairs glass in the doors and replacements needed to windows of the Premises reasonably clean; (2) maintain the Premises in good a clean, orderly and sanitary condition and order the Premises free of insects, rodents, vermin and all installationsother pests; (3) keep any garbage, equipment trash, rubbish or other refuse in containers until removed; and facilities therein(4) have such garbage, trash, rubbish and all repairs and replacements needed to any plumbing, water, waste, heating, ventilating and air conditioning units (“HVAC Units”), and electric conduits, lines and equipment located outside the Premises that serve only the Premises. Without limiting the foregoing, but subject to Articles 14 and 15 and Section 10.1, Tenant shall make all repairs and replacements required with refuse removed on a regular basis.
C. With respect to the HVAC Units, electrical and plumbing systems within the Premises and any rooftop or exterior air conditioning equipment or HVAC Units serving only the Premises, any plumbing fixtures within the Premises (including sinks and toilets), and the plumbing lines, valves, and pipes connected to or running from such fixtures to the point at which such lines, valves and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premises. Tenant shall also make, at Tenant’s expense, such repairs and replacements as are needed to keep the sidewalks and walkways abutting the Premises in good condition and order, and shall keep such sidewalks and walkways [and areas behind the Building to which Tenant has access] free of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall be made in compliance with the provisions of this lease (including Article 5).
Section 10.4 Tenant shall enter into and maintain, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, with a reputable service company, reasonably satisfactory to Landlord, for the HVAC Units serving the Premises. Tenant shall, from time to time, furnish Landlord with a copy of such service contract, within ten (10) days after request. If Tenant fails to obtain or maintain such service contract or to deliver to Landlord a copy of such contract upon request, Landlord may, at its option, enter into a service contract providing for the maintenance, repair, and servicing of the HVAC Units and bill Tenant for the charges due under such contract. Any such charges shall be paid by
Section 10.5 Subject to Section 13.4Systems, Tenant shall reimburse Landlordbear all costs of standard maintenance and repairs to such systems (i.e. routine/minor repairs and day-to-day maintenance occasioned by standard operational use of systems), as Additional Rentincluding but not limited to, within thirty (30) days providing regular service for of being billed therefor, for all damage the HVAC. Notwithstanding the foregoing or anything to the contrary contained herein, Landlord at it sole cost shall be responsible for any major repairs or replacements to the HVAC and Building resulting from any act or omission of Tenant, ▇▇▇▇▇▇’s subtenants, or any of Tenant’s or subtenants’ employees, agents, employees, invitees or contractors.
Section 10.6 Landlord shall have no liability to Tenant, the Rent shall not be abatedSystems, and Tenant shall not be deemed actually any maintenance or constructively evicted by reason of Landlord performing any repairs or other work to all or replacements costing in excess of $5,000.00; provided, however, that if any portion of the Premises and/or the Real Property. Landlord shall endeavor to perform such repairs or other work in a manner that reasonably minimizes interference with the conduct of ▇▇▇▇▇▇’s business in the Premises and damage replacement are required due solely to the Premises, Tenant’s Work and Tenant’s Propertygross negligence or willful misconduct, but Landlord is not required to employ overtime labor or incur additional expensesthen Tenant shall be responsible for such costs.
Appears in 1 contract
Sources: Securities Purchase Agreement (Gloo Holdings, Inc.)
Repairs and Maintenance. Section 10.1 Landlord Tenant accepts the Premises, buildings and improvements in "as in" condition. Tenant shall keep and maintain in a clean and orderly condition the Premises and make at its own expense all repairs and necessary replacements, including but not limited to, plumbing, heating, air conditioning, lighting fixtures, pipes and equipment, floor covering, ceiling, walls and plastering, windows the current alarm system as well as all kitchen equipment (except to the extent that damage to such items is caused by an act of God and shall be an insurable claim under the Landlord's property policy). Tenant shall replace any and all locks, keys or bolts which are damaged. Tenant shall, at Landlord’s its expense, make all structural repairs needed and additions to the exterior wallsPremises as required by any governmental agency for health or safety. Tenant, structural columnsat its expense, structural roofshall maintain all grass areas, if any, and structural floors that enclose the Premises (excluding shall mow all doors, door frames, storefronts, windows and glass); provided that Tenant gives Landlord notice of the necessity for grass areas at such repairsintervals necessary to neatly maintain such grass areas. Notwithstanding the foregoing, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all such repair costs to structural elements that are necessitated by the negligence or misconduct of Tenant, at its employees, contractors, agents, subtenants, employees, customers and invitees.
Section 10.2 If the Premises are sprinklered, Tenant shall be responsible, at Tenant’s sole cost and expense, for maintaining, in good order shall maintain and repair the guttering and in compliance with all Laws, those elements of the sprinkler system within the Premises, including the repair and replacement of the sprinkler heads and pipes. If the Premises are not sprinklered and a sprinkler system in the Premises is required under applicable Laws for Tenant’s Permitted Use or manner of use downspouts of the Premises, or Tenant’s Work requires and shall maintain the installation of a sprinkler system in the Premisesparking areas, Tenant and shall install such system as part of Tenant’s Workremove rubbish, at Tenant’s expense.
Section 10.3 Subject to Articles 14 ice, and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, all repairs and replacements needed to maintain in good condition and order snow from the Premises and all installations, equipment and facilities therein, and all repairs and replacements needed to any plumbing, water, waste, heating, ventilating and air conditioning units (“HVAC Units”), and electric conduits, lines and equipment located outside the Premises that serve only the Premisesadjacent parking areas. Without limiting the foregoing, but subject to Articles 14 and 15 and Section 10.1, Tenant shall make all repairs and replacements required with respect to the HVAC Units, electrical and plumbing systems within the Premises and any rooftop or exterior air conditioning equipment or HVAC Units serving only the Premises, any plumbing fixtures within the Premises (including sinks and toilets), and the plumbing lines, valves, and pipes connected to or running from such fixtures to the point at which such lines, valves and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premises. Tenant shall also make, at Tenant’s expense, such repairs and replacements as are needed to keep the sidewalks and walkways abutting the Premises in good condition and order, and shall keep such sidewalks and walkways [and areas behind the Building to which Tenant has access] free of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall be made in compliance with the provisions of this lease (including Article 5).
Section 10.4 Tenant shall enter into and maintain, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, with a reputable service company, reasonably satisfactory to Landlord, for the HVAC Units serving the Premises. Tenant shall, from time to time, furnish Landlord with a copy of such service contract, within ten (10) days after request. If Tenant fails to obtain or maintain such service contract or to deliver to Landlord a copy of such contract upon request, Landlord may, at its optionexpense, enter into a service contract providing for the maintenanceshall maintain all exterior lighting. Should Tenant, in Landlord's sole reasonable opinion, fail to properly maintain, repair, or replace those items for which Tenant is responsible, Landlord may proceed to make said repairs or replacements and servicing recover the cost of the HVAC Units and bill Tenant for the charges due under such contract. Any such charges shall be paid by
Section 10.5 Subject to Section 13.4, Tenant shall reimburse Landlordsame from Tenant, as Additional Rent, within thirty (30) days of being billed therefor, for all damage to the Building resulting from any act or omission of Tenant, ▇▇▇▇▇▇’s subtenants, or any of Tenant’s or subtenants’ employees, agents, employees, invitees or contractorsadditional rent.
Section 10.6 Landlord shall have no liability to Tenant, the Rent shall not be abated, and Tenant shall not be deemed actually or constructively evicted by reason of Landlord performing any repairs or other work to all or any portion of the Premises and/or the Real Property. Landlord shall endeavor to perform such repairs or other work in a manner that reasonably minimizes interference with the conduct of ▇▇▇▇▇▇’s business in the Premises and damage to the Premises, Tenant’s Work and Tenant’s Property, but Landlord is not required to employ overtime labor or incur additional expenses.
Appears in 1 contract
Sources: Contract of Purchase (Industrial Services of America Inc /Fl)
Repairs and Maintenance. Section 10.1 (a) Landlord shall at its expense maintain only the roof, downspouts, gutters, foundation, utility lines located outside the Premises and the structural soundness of the
(b) Tenant shall at its own cost and expense keep and maintain all parts of the Premises (except those for which Landlord is expressly responsible under the terms of this Lease) in good condition, promptly making all necessary repairs and replacements, including, but not limited to, windows, glass and plate glass, doors, any special office entry, interior walls, finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures and regular removal of trash and debris. Tenant shall not be obligated to repair any casualty covered by the insurance to be maintained by Landlord pursuant to subparagraph 10(A) below. To the extent deemed necessary by Landlord, Landlord shall make available to Tenant for its use in effecting repairs, any warranties with respect to components of the Building.
(c) Tenant shall enter into a maintenance contract providing for the periodic maintenance of all hot water, heating and air conditioning systems and units in the Premises, and removal and replacement of filters, and shall enter into a janitorial contract providing for the daily cleaning of the Premises. These contracts shall be with parties and upon such terms and conditions as shall be reasonably approved by Landlord. Tenant shall provide Landlord a copy of such contracts within thirty days of the Commencement Date.
(d) Tenant shall not damage any demising wall of the Building, or disturb the integrity and support provided by any demising wall and shall, at Landlord’s its sole cost and expense, make all structural repairs needed promptly repair any damage or injury to any demising wall caused by Tenant or its employees, agents or invitees.
(e) Tenant and its employees, customers and licensees shall have the non-exclusive right to use the parking areas as may be designated by Landlord in writing, subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking shall be available at the Building for the non-exclusive use of Tenant at a ratio of five spaces per 1,000 rentable square feet. Included within this ratio shall be seven parking spaces located adjacent to the exterior walls, structural columns, structural roof, and structural floors that enclose Building near the entrance to the Premises (excluding all doorsthat shall be marked as spaces for visitors. Landlord shall not be responsible for enforcing Tenant's parking rights against any third parties. Landlord may require, door framesat its option, storefrontsin its sole discretion, windows and glass); provided that Tenant gives Landlord notice of the necessity for such repairs. Notwithstanding the foregoing, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all such repair costs to structural elements that are necessitated by the negligence or misconduct of Tenant, its employees, contractors, agents, subtenants, employees, customers and invitees.
Section 10.2 If the Premises are sprinklered, Tenant shall be responsible, at Tenant’s sole cost and expense, for maintaining, in good order and repair and in compliance with all Laws, those elements of the sprinkler system within the Premises, including the repair and replacement of the sprinkler heads and pipes. If the Premises are not sprinklered and a sprinkler system in the Premises is required under applicable Laws for Tenant’s Permitted Use or manner of use of the Premises, or Tenant’s Work requires the installation of a sprinkler system in the Premises, Tenant shall install such system as part of Tenant’s Work, at Tenant’s expense.
Section 10.3 Subject to Articles 14 and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, all repairs and replacements needed to maintain in good condition and order the Premises and all installations, equipment and facilities therein, and all repairs and replacements needed visitors use certain numbered spaces to any plumbing, water, waste, heating, ventilating and air conditioning units (“HVAC Units”), and electric conduits, lines and equipment located outside the Premises that serve only the Premises. Without limiting the foregoing, but subject to Articles 14 and 15 and Section 10.1, Tenant shall make all repairs and replacements required with respect to the HVAC Units, electrical and plumbing systems within the Premises and any rooftop or exterior air conditioning equipment or HVAC Units serving only the Premises, any plumbing fixtures within the Premises (including sinks and toilets), and the plumbing lines, valves, and pipes connected to or running from such fixtures to the point at which such lines, valves and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premises. Tenant shall also make, at Tenant’s expense, such repairs and replacements as are needed to keep the sidewalks and walkways abutting the Premises in good condition and order, and shall keep such sidewalks and walkways [and areas behind the Building to which Tenant has access] free of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall be made in compliance with the provisions of this lease (including Article 5)designated by Landlord.
Section 10.4 Tenant shall enter into and maintain, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, with a reputable service company, reasonably satisfactory to Landlord, for the HVAC Units serving the Premises. Tenant shall, from time to time, furnish Landlord with a copy of such service contract, within ten (10) days after request. If Tenant fails to obtain or maintain such service contract or to deliver to Landlord a copy of such contract upon request, Landlord may, at its option, enter into a service contract providing for the maintenance, repair, and servicing of the HVAC Units and bill Tenant for the charges due under such contract. Any such charges shall be paid by
Section 10.5 Subject to Section 13.4, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all damage to the Building resulting from any act or omission of Tenant, ▇▇▇▇▇▇’s subtenants, or any of Tenant’s or subtenants’ employees, agents, employees, invitees or contractors.
Section 10.6 Landlord shall have no liability to Tenant, the Rent shall not be abated, and Tenant shall not be deemed actually or constructively evicted by reason of Landlord performing any repairs or other work to all or any portion of the Premises and/or the Real Property. Landlord shall endeavor to perform such repairs or other work in a manner that reasonably minimizes interference with the conduct of ▇▇▇▇▇▇’s business in the Premises and damage to the Premises, Tenant’s Work and Tenant’s Property, but Landlord is not required to employ overtime labor or incur additional expenses.
Appears in 1 contract
Sources: Lease Agreement (Tekelec)
Repairs and Maintenance. 18.1. Landlord shall repair and maintain in good condition the structural and exterior portions and Common Areas of the Building and the Property, including roofing and covering materials; foundations; exterior walls; plumbing; fire sprinkler systems (if any); heating, ventilating, air conditioning systems; elevators; and electrical systems installed or furnished by Landlord consistent with other similar properties in the rental market in which the Building is located, and in full accordance with Applicable Laws applicable to office and laboratory use generally, without regard for Tenant’s Alterations. The Common Areas shall be maintained by Landlord in compliance with the ADA except to the extent such compliance would not be required but for Tenant’s Alterations or its particular use of the Premises, as opposed to the Permitted Uses, generally. Landlord shall maintain (or provide for the maintenance of) in a neat, attractive and first-class condition all signs, roadways, landscaped areas, parking areas, sidewalks and entrances areas on the Property.
18.2. Except for services of Landlord, if any, required by Section 10.1 18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in good condition and repair, excepting damage thereto from ordinary wear and tear, and damage by casualty or condemnation (except to the extent Tenant is obligated to restore the same) excepted. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, excepting damage thereto from ordinary wear and tear, and damage by casualty or condemnation (except to the extent Tenant is obligated to restore the same), and matters for which Tenant is not responsible; and shall, at Landlord’s expense, make all structural repairs needed to the exterior walls, structural columns, structural roof, request and structural floors that enclose the Premises (excluding all doors, door frames, storefronts, windows and glass); provided that Tenant gives Landlord notice of the necessity for such repairs. Notwithstanding the foregoing, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all such repair costs to structural elements that are necessitated by the negligence or misconduct of Tenant, its employees, contractors, agents, subtenants, employees, customers and invitees.
Section 10.2 If the Premises are sprinklered, Tenant shall be responsible, at Tenant’s sole cost and expense, for maintainingremove all telephone and data systems, in good order wiring and repair and in compliance with all Laws, those elements of the sprinkler system within equipment from the Premises, including and repair any damage to the repair Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than as described in Exhibit B. Tenant shall be responsible, at its sole cost and replacement expense, for the cleaning of the sprinkler heads Premises and pipes. If the Premises are not sprinklered Tenant’s removal of its trash, garbage and a sprinkler system Hazardous Materials; provided, however, that Tenant is encouraged to participate in the Premises is required under applicable Laws waste removal and recycling program in place at the Property. Landlord shall provide a dumpster at the loading dock for Tenant’s Permitted Use use in the disposal of materials (other than Hazardous Materials and other controlled substances).
18.3. Landlord shall not be liable for Claims arising out of any failure to make any repairs or manner of use 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 Premisesneed of such repairs or maintenance (or unless Landlord has actual knowledge of the need therefor). Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense; however, in the event that Landlord fails to make a repair or perform maintenance that is Landlord’s obligation pursuant to this Lease within applicable notice and cure periods set forth in Section 31.11, and such failure continues for ten (10) days after notice thereof to Landlord (with a copy to Landlord’s mortgagee) or such shorter period, if any, as may be feasible in case of an emergency threatening life or property (such notice to expressly state in bold and prominent print Tenant’s Work requires intention to exercise its rights under this Section), then Tenant, without being under any obligation to do so and without thereby waiving such default, may remedy such default and perform such repair for the installation account and at the expense of Landlord. All reasonable expenditures made by Tenant in connection therewith, including reasonable attorneys’ fees in instituting, prosecuting or defending any action or proceeding, shall be paid to Tenant by Landlord within thirty (30) days after submission by Tenant to Landlord of a sprinkler system in the Premisesreasonably detailed invoice therefor. If Landlord fails to pay such costs to Tenant within fifteen (15) days following notice from Tenant of such failure, then Tenant shall install have the right to recover the same by an abatement of Base Rent and the Property Management Fee, provided that such system abatement (and the accrual of any interest on such amounts) shall cease at such time as part of and to the extent that payment is tendered to Tenant’s Work, at Tenant’s expense.
Section 10.3 Subject to Articles 14 and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, all repairs and replacements needed to maintain in good condition and order the Premises and all installations, equipment and facilities therein, and all repairs and replacements needed to any plumbing, water, waste, heating, ventilating and air conditioning units (“HVAC Units”), and electric conduits, lines and equipment located outside the Premises that serve only the Premises. Without limiting Notwithstanding the foregoing, but subject to Articles 14 if the amount of the abatement is more than 25% of the aggregate amount of Base Rent due in any month, then the amount abated in any one month shall not exceed 25% of the Base Rent and 15 and Section 10.1, the excess amount of the abatement shall be carried forward with interest at the Default Rate. Tenant’s self-help rights under this paragraph shall be exercised by Tenant shall make all repairs and replacements required only (a) with respect to the HVAC Units, electrical and plumbing systems conditions actually existing within the Premises and any rooftop or exterior air conditioning equipment or HVAC Units serving only the Premises, any plumbing fixtures within (b) with respect to conditions that materially affect Tenant’s ability to use and enjoy the Premises and to conduct Tenant’s operations therein. The provisions of this paragraph may not be exercised by or on behalf of any subtenants. Any disputes regarding Tenant’s right to have undertaken any such remedy, the amount of reimbursement claimed by Tenant, or the amount of abatement shall be resolved by arbitration as set forth below. The parties shall direct the Boston office of the AAA to appoint an arbitrator who shall have a minimum of ten (including sinks 10) years’ experience in commercial real estate disputes and toilets), who shall not be affiliated with either Landlord or Tenant and has not worked for either party or its affiliates at any time during the plumbing lines, valves, prior five (5) years. Both Landlord and pipes connected Tenant shall have the opportunity to or running from such fixtures present evidence and outside consultants to the point at which such lines, valves and pipes connect arbitrator. The arbitration shall be conducted in accordance with the Building’s common plumbing lines, including expedited commercial arbitration rules of the AAA insofar as such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premises. Tenant shall also make, at Tenant’s expense, such repairs and replacements as rules are needed to keep the sidewalks and walkways abutting the Premises in good condition and order, and shall keep such sidewalks and walkways [and areas behind the Building to which Tenant has access] free of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall be made in compliance not inconsistent with the provisions of this lease Lease (including Article 5in which case the provisions of this Lease shall govern).
Section 10.4 Tenant . The cost of the arbitration (exclusive of each party’s witness and attorneys’ fees, which shall enter into and maintain, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, with a reputable service company, reasonably satisfactory to Landlord, for be paid by such party) shall be borne equally by the HVAC Units serving the Premisesparties. Tenant shall, from time to time, furnish Landlord with a copy of Any such service contract, arbitration shall be commenced within ten (10) days after requestdemand (or, if later, appointment of the arbitrator). Within ten (10) days after appointment, the arbitrator shall determine whether Tenant was entitled to exercise its self-help rights and/or the amount of reimbursement to which Tenant is entitled. The arbitrator’s decision shall be final and binding on the parties.
18.4. If Tenant fails to obtain or maintain such service contract or to deliver to Landlord a copy of such contract upon request, Landlord may, at its option, enter into a service contract providing for the maintenance, repair, and servicing of the HVAC Units and bill Tenant for the charges due under such contract. Any such charges any excavation shall be paid by
Section 10.5 Subject made upon land adjacent to Section 13.4or under the Building, or shall be authorized to be made, then at reasonable times and upon reasonable advance notice, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all damage afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building resulting from injury or damage and to support the same by proper foundations, without any act claim for damages or omission of Tenant, ▇▇▇▇▇▇’s subtenants, liability against Landlord and without reducing or any of otherwise affecting Tenant’s or subtenants’ employeesobligations under this Lease. Such work will be done at Landlord’s sole cost, agents, employees, invitees or contractorsand Landlord shall take such measures as are reasonably and customarily required to avoid any adverse impacts on Tenant’s use and occupancy of the Premises.
Section 10.6 Landlord shall have no liability 18.5. This Article relates to Tenant, repairs and maintenance arising in the Rent shall not be abated, and Tenant shall not be deemed actually or constructively evicted by reason ordinary course of Landlord performing any repairs or other work to all or any portion operation of the Premises and/or Building and the Real Property. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6. Costs incurred by Landlord pursuant to this Article shall endeavor to perform such repairs constitute Operating Expenses (unless otherwise limited or other work in a manner that reasonably minimizes interference with the conduct of ▇▇▇▇▇▇’s business in the Premises and damage to the Premises, Tenant’s Work and Tenant’s Property, but Landlord is not required to employ overtime labor or incur additional expensesexcluded under Article 9).
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Sources: Lease (Aveo Pharmaceuticals Inc)