Repairs and Maintenance. 18.1 Landlord shall repair and maintain the structural and exterior portions and Common Area of the Building and the Project, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing up to the point of entry to the Building (for purposes of clarity, all plumbing from the point of entry to the Premises and extending into and through the Premises, including plumbing fixtures and plumbing lines, shall be Tenant’s obligation to maintain and repair pursuant to Section 18.2 below); fire sprinkler systems (if any); elevators; and base Building electrical systems installed or furnished by Landlord. Tenant hereby waives any and all rights under and benefits of Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect, and Tenant waives the right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code, and under all other similar laws, statutes or ordinances now or hereafter in effect. 18.2 Except for services of Landlord, if any, required by Section 18.1, Tenant shall, at Tenant’s sole cost and expense and at all times from and after the date upon which Landlord delivers possession of the Premises to Tenant for the purpose of commencing the Tenant Improvements, maintain, repair and keep the Premises (including but not limited to (i) the HVAC systems exclusively serving the Premises, including the portion of the HVAC system that includes the first damper or isolation valve and extends into and through the Premises, any supplemental HVAC serving the Premises, and any other systems or equipment exclusively serving the Premises and (ii) all plumbing serving the Premises from the point of entry to the Premises and extending into and through the Premises, including plumbing fixtures and plumbing lines) and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted, and with the Tenant Improvements in substantially the same condition as existed on the Term Commencement Date, and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance, repair or replacement records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises (but with respect to wiring, only to the extent installed by or on behalf of a Tenant Party), and repair any damage to the Premises caused thereby. Except as expressly set forth in Section 18.1 above, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than Landlord’s obligation to make available to Tenant the TI Allowance in accordance with this Lease. 18.3 Without limiting the provisions of Section 16.2, Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.4 Subject to the provisions of Section 14.4, if any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, then Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease. 18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article. 18.6 Subject to the provisions of Article 9, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing, to the extent that the cost of such repairs and maintenance arising from Tenant’s acts, neglect, fault or omissions (but not gross negligence or willful misconduct) exceeds the limits of any insurance maintained or required to be maintained by Tenant pursuant to this Lease but are covered by insurance maintained or required to be maintained by Landlord under this Lease, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice therefor (or, if Landlord has not obtained or maintained the insurance it is required to obtain and maintain pursuant to this Lease, Landlord shall pay such excess, other than what the deductible would have been had Landlord obtained and maintained the requisite insurance, which Tenant shall pay to Landlord within thirty (30) days after receipt of an invoice therefor).
Appears in 2 contracts
Repairs and Maintenance. 18.1 Landlord shall repair and maintain the structural and exterior portions and Common Area of the Building and the Project, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing up to the point of entry to the Building (for purposes of clarity, all plumbing from the point of entry to the Premises and extending into and through the Premises, including plumbing fixtures and plumbing lines, shall be Tenant’s obligation to maintain and repair pursuant to Section 18.2 below); fire sprinkler systems (if any); elevators; and base Building electrical systems installed or furnished by Landlord13.01. Tenant hereby waives any and all rights under and benefits of Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect, and Tenant waives the right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code, and under all other similar laws, statutes or ordinances now or hereafter in effect.
18.2 Except for services of Landlord, if any, required by Section 18.1, Tenant shall, at Tenant’s sole cost its expense, throughout the term of this Lease, take good care of and expense maintain in good order and at all times from and after the date upon which Landlord delivers possession of the Premises to Tenant for the purpose of commencing the Tenant Improvements, maintain, repair and keep the Premises (including but not limited to (i) the HVAC systems exclusively serving the Premises, including the portion of the HVAC system that includes the first damper or isolation valve and extends into and through the Premises, any supplemental HVAC serving the Premises, and any other systems or equipment exclusively serving condition the Premises and (ii) all plumbing serving the Premises from fixtures and improvements therein including, without limitation, the point of entry property which is deemed Landlord’s pursuant to Section 12.01 hereof, except as otherwise expressly provided in this Lease. Subject to the Premises and extending into and through the Premises, including plumbing fixtures and plumbing lines) and every part thereof in good condition and repair, damage thereto from ordinary wear and tear exceptedprovisions of Section 9.04 hereof, and with the except as otherwise provided for in this Lease, Tenant Improvements in substantially the same condition as existed on the Term Commencement Date, and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance, repair or replacement records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted; and shallshall be responsible, at Landlord’s request and Tenant’s is sole cost and expense, remove for all telephone repairs, interior and data systemsexterior, wiring structural and equipment from non-structural, ordinary and extraordinary, foreseen or unforeseen, in and to the Premises and the Building and the facilities and systems thereof, the need for which arises out of
(but with respect to wiringa) the performance by or on behalf of Tenant of any Alterations,
(b) the installation, only to the extent use or operation of any property installed by or on behalf of a Tenant Party)which is deemed Landlord’s pursuant to Section 12.01 hereof and Tenant’s Property,
(c) the moving of any property installed by or on behalf of Tenant which is deemed Landlord’s pursuant to Section 12.01 hereof and Tenant’s Property in or out of the Building, and repair or
(d) the gross negligence or willful misconduct of Tenant or any damage of its subtenants or its or their employees, agents, contractors or invitees. As used in this Article, the term “repairs” shall include replacements. All repairs in or to the Premises caused therebyfor which Tenant is responsible shall be promptly performed by Tenant in a manner which will not unreasonably interfere with the use of the Building by other occupants, but Tenant shall not be required to perform same on an overtime or premium pay basis, except if and to the extent the use of such overtime or premium pay labor would be required under the Declaration if the owner of the Unit were performing such repairs.
13.02. Tenant shall give Landlord notice of any defective condition in any plumbing, heating, air-conditioning or ventilation system or electrical lines located in, servicing or passing through the Premises of which it has actual knowledge. Following such notice, Landlord shall comply with its obligations under Section 13.04 hereof, but if Tenant is responsible for same under the provisions of this Article 13, Tenant shall reimburse Landlord for its commercially reasonable out-of-pocket costs without profit or markup incurred in doing so.
13.03. Except as otherwise expressly set forth provided in Section 18.1 abovethis Lease, Landlord shall have no obligation liability to alterTenant, remodelnor shall Tenant’s covenants and obligations under this Lease be reduced or abated in any manner whatsoever, improveby reason of any inconvenience, repairannoyance, decorate interruption or paint the Premises or any part thereof, other than injury arising from Landlord’s obligation making any repairs which Landlord is required or permitted by this Lease, or required by law, to make available in or to Tenant the TI Allowance fixtures, equipment or appurtenances of the Building or the Premises; provided, however, that Landlord shall make such repairs at such times and in accordance such manner as to minimize interference with this Lease.
18.3 Without limiting the provisions conduct of Section 16.2Tenant’s business in the Premises, including, without limitation, the performance of such work on an overtime or premium-pay basis to the extent required of a Unit Owner under the Declaration. Except in emergency circumstances, upon Tenant’s request, Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlordor repairs which would interfere with Tenant’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice conduct of business in or use of the need Premises during hours other than Business Hours of such repairs or maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense.
18.4 Subject to the provisions of Section 14.4Business Days (as herein defined), if any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, then Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Subject to the provisions of Article 9, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing, to the extent that the cost of such repairs and maintenance arising from Tenant’s acts, neglect, fault or omissions (but not gross negligence or willful misconduct) exceeds the limits of any insurance maintained or required to be maintained by Tenant pursuant to this Lease but are covered by insurance maintained or required to be maintained by Landlord under this Lease, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty incremental costs incurred by Landlord in connection with performing such maintenance or repairs during such hours, unless the necessity for such maintenance or repairs shall arise from (30i) days after receipt the gross negligence or willful misconduct of an invoice therefor Landlord or any of its agents, contractors or employees, or (orii) the failure of Landlord to observe or perform any of the terms, if Landlord has not obtained covenants or maintained the insurance it is conditions of this Lease required to obtain and maintain observed or performed by Landlord, in which case such incremental costs shall be borne by Landlord. Any incremental costs required to be paid by Tenant pursuant to this Lease, Landlord the preceding sentence shall pay such excess, other than what the deductible would have been had Landlord obtained constitute Additional Charges hereunder and maintained the requisite insurance, which Tenant shall pay be paid to Landlord within thirty (30) days after receipt demand.
(a) Landlord shall, at its expense, but subject to the provisions of an invoice thereforthis Lease including, without limitation Section 13.01,
(i) keep and maintain in good order and condition to the standard then prevailing for comparable premium first-class midtown Manhattan office buildings (“Comparable Buildings”) the Unit and the Building Systems servicing same, and
(ii) make all repairs, interior and exterior, structural and non-structural, ordinary and extraordinary, foreseen or unforeseen, in and to the foregoing necessary or appropriate in order to keep the same in such condition, as set forth in clause (i) of this subsection 13.04(a), except to the extent same is the responsibility of the Condominium Board of Managers or the FC Board of Managers under the Declaration. Landlord shall, at its expense, but subject to the provisions of this Lease, clean the common or public areas and facilities of the Unit, if any, in accordance with standards then prevailing for Comparable Buildings.
Appears in 2 contracts
Samples: Operating Agreement (New York Times Co), Operating Agreement (New York Times Co)
Repairs and Maintenance. 18.1 18.1. Landlord shall repair and maintain the structural and exterior portions and Common Area of the Building and the Project, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing plumbing; fire sprinkler systems (if any); base Building HVAC systems up to the point of entry to first damper or isolation valve that serves the Building Premises (for purposes of clarity, all plumbing from the point portion of entry to the Premises HVAC system that includes such first damper or isolation valve and extending extends into and through the Premises, including plumbing fixtures and plumbing lines, any supplemental HVAC serving the Premises shall not be part of the base Building HVAC and shall be Tenant’s obligation to maintain and repair pursuant to Section 18.2 below); fire sprinkler systems (if any); elevators; and base Building electrical systems installed or furnished by Landlord. Tenant hereby waives any and all rights under and benefits of Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect, and Tenant waives the right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code, and under all other similar laws, statutes or ordinances now or hereafter in effect.
18.2 18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall, shall at Tenant’s sole cost and expense and at all times from and after the date upon which Landlord delivers possession of the Premises to Tenant for the purpose of commencing the Tenant Improvements, maintain, repair maintain and keep the Premises (including but not limited to (i) the HVAC systems exclusively serving the Premises, including the portion of the HVAC system that includes the first damper or isolation valve and extends into and through the Premises, any supplemental HVAC serving the Premises, and any other systems or equipment exclusively serving the Premises and (ii) all plumbing serving the Premises from the point of entry to the Premises and extending into and through the Premises, including plumbing fixtures and plumbing lines) and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted, and with the Tenant Improvements in substantially the same condition as existed on the Term Commencement Date, and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance, repair or replacement maintenance records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises (but with respect to wiring, only to the extent installed by or on behalf of a Tenant PartyParty (as defined below)), and repair any damage to the Premises caused thereby. Except as expressly set forth in Section 18.1 above, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than Landlord’s obligation to make available to Tenant the TI Allowance in accordance with this Lease.
18.3 Without limiting the provisions of Section 16.2, 18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense.
18.4 Subject to the provisions of Section 14.4, if 18.4. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, then Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease.
18.5 18.5. This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Subject to the provisions of Article 9, costs 18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing, to the extent that the cost of such repairs and maintenance arising from Tenant’s acts, neglect, fault or omissions (but not gross negligence or willful misconduct) exceeds the limits of any insurance maintained or required to be maintained by Tenant pursuant to this Lease but are covered by insurance maintained or required to be maintained by Landlord under this Lease, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice therefor (or, if Landlord has not obtained or maintained the insurance it is required to obtain and maintain pursuant to this Lease, Landlord shall pay such excess, other than what the deductible would have been had Landlord obtained and maintained the requisite insurance, which Tenant shall pay to Landlord within thirty (30) days after receipt of an invoice therefor).
Appears in 2 contracts
Samples: Lease (Pandion Therapeutics Holdco LLC), Lease (Pandion Therapeutics Holdco LLC)
Repairs and Maintenance. 18.1 Tenant acknowledges that, with full awareness of its obligations under this Lease, and in light of the fact that Landlord shall acquired the Premises from Tenant (or an affiliate of Tenant) as of the Commencement Date, Tenant has accepted the condition, state of repair and maintain the structural and exterior portions and Common Area appearance of the Building Premises. Except for normal wear and the Projecttear and events of damage, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing up to the point of entry to the Building (for purposes of clarity, all plumbing from the point of entry destruction or casualty to the Premises (as addressed in Section 18 below), Tenant agrees that, at its sole expense and extending into throughout the Term, it shall put, keep and through maintain the Premises, including plumbing fixtures any Alterations and plumbing linesany altered, rebuilt, additional or substituted building, structures and other improvements thereto or thereon, in good order, condition, repair and appearance (allowing for normal wear and tear), and in a safe condition, repair and appearance (collectively, the “Required Condition”) and shall make all repairs and replacements necessary to ensure compliance with the Required Condition. Without limiting the foregoing, Tenant shall promptly make all structural and nonstructural, foreseen and unforeseen, ordinary and extraordinary changes, replacements and repairs of every kind and nature, and correct any patent or latent defects in the Premises, which may be required to put, keep and maintain the Premises in the Required Condition. Tenant will keep the Premises orderly and free and clear of rubbish. Tenant covenants to perform or observe all terms, covenants and conditions of any easement, restriction, covenant, declaration or maintenance covenants of record (collectively, “Easements”) to which the Premises are currently subject or become subject pursuant to this Lease (it being agreed that Landlord shall not amend any Easement or agree to any additional Easement in any manner that will either limit, in any adverse respect, Tenant’s obligation rights under this Lease or impose any new or increased burden, economic or otherwise, on Tenant, without Tenant’s prior written consent, which consent may be withheld in Tenant’s sole, but reasonable, discretion), whether or not such performance is required of Landlord under such Easements, including, without limitation, payment of all amounts due from Landlord or Tenant (whether as assessments, service fees or other charges) under such Easements. Tenant shall deliver to Landlord promptly, but in no event later than five (5) business days after receipt thereof, copies of all written notices received from any party thereto regarding the non-compliance of the Premises or Landlord’s or Tenant’s performance of obligations under any Easements. Tenant shall, at its expense, use reasonable efforts to enforce compliance with any Easements benefiting the Premises by any other person or entity or property subject to such Easements. Landlord shall not be required to maintain, repair or rebuild, or to make any alterations, replacements or renewals of any nature to the Premises, or any part thereof, whether ordinary or extraordinary, structural or nonstructural, foreseen or not foreseen, or to maintain and repair pursuant the Premises or any part thereof in any way or to Section 18.2 below); fire sprinkler systems (if any); elevators; and base Building electrical systems installed correct any patent or furnished latent defect therein except to the extent such action is necessitated by Landlord’s or Agent’s negligence or willful misconduct or by actions taken by or on behalf of Landlord in connection with Landlord’s inspection of the Premises prior to Landlord’s acquisition of title thereto. Tenant hereby expressly waives any and all rights under and benefits of Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect, and Tenant waives the right to make repairs at Landlord’s the expense under Sections 1941 and 1942 of Landlord which may be provided for in any Law in effect at the California Civil Code, and under all other similar laws, statutes Commencement Date or ordinances now or hereafter in effect.
18.2 Except for services of Landlord, if any, required by Section 18.1, that may thereafter be enacted. If Tenant shall, at Tenant’s sole cost and expense and at all times from and after the date upon which Landlord delivers possession of the Premises to Tenant for the purpose of commencing the Tenant Improvements, maintain, repair and keep the Premises (including but not limited to (i) the HVAC systems exclusively serving shall abandon the Premises, including the portion of the HVAC system that includes the first damper or isolation valve and extends into and through the Premises, any supplemental HVAC serving the Premises, and any other systems or equipment exclusively serving the Premises and (ii) all plumbing serving the Premises from the point of entry to the Premises and extending into and through the Premises, including plumbing fixtures and plumbing lines) and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted, and with the Tenant Improvements in substantially the same condition as existed on the Term Commencement Date, and shall, within ten (10) days after receipt of it shall give Landlord immediate written notice from Landlord, provide to Landlord any maintenance, repair or replacement records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises (but with respect to wiring, only to the extent installed by or on behalf of a Tenant Party), and repair any damage to the Premises caused thereby. Except as expressly set forth in Section 18.1 above, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than Landlord’s obligation to make available to Tenant the TI Allowance in accordance with this Lease.
18.3 Without limiting the provisions of Section 16.2, Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense.
18.4 Subject to the provisions of Section 14.4, if any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, then Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Subject to the provisions of Article 9, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing, to the extent that the cost of such repairs and maintenance arising from Tenant’s acts, neglect, fault or omissions (but not gross negligence or willful misconduct) exceeds the limits of any insurance maintained or required to be maintained by Tenant pursuant to this Lease but are covered by insurance maintained or required to be maintained by Landlord under this Lease, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice therefor (or, if Landlord has not obtained or maintained the insurance it is required to obtain and maintain pursuant to this Lease, Landlord shall pay such excess, other than what the deductible would have been had Landlord obtained and maintained the requisite insurance, which Tenant shall pay to Landlord within thirty (30) days after receipt of an invoice therefor).
Appears in 2 contracts
Samples: Industrial Building Lease (Lenox Group Inc), Purchase and Sale Agreement (Lenox Group Inc)
Repairs and Maintenance. 18.1 Landlord 15.01 Tenant shall repair and maintain the structural and exterior portions and Common Area take good care of the Building and the Project, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing up to the point of entry to the Building (for purposes of clarity, all plumbing from the point of entry to the Premises and extending into and through the Demised Premises, including plumbing fixtures and plumbing lines, shall be Tenant’s obligation to maintain and repair pursuant to Section 18.2 below); fire sprinkler systems (if any); elevators; and base Building electrical systems installed or furnished by Landlord. Tenant hereby waives any and all rights under and benefits of Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect, and Tenant waives the right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code, and under all other similar laws, statutes or ordinances now or hereafter in effect.
18.2 Except for services of Landlord, if any, required by Section 18.1, Tenant shallshall promptly, at Tenant’s sole cost and expense and at all times from and after the date upon which Landlord delivers possession of the Premises to Tenant for the purpose of commencing the Tenant Improvements, maintain, repair and keep the Premises (including but not limited to (i) the HVAC systems exclusively serving the Premises, including the portion of the HVAC system that includes the first damper or isolation valve and extends into and through the Premises, any supplemental HVAC serving the Premises, and any other systems or equipment exclusively serving the Premises and (ii) all plumbing serving the Premises from the point of entry to the Premises and extending into and through the Premises, including plumbing fixtures and plumbing lines) and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted, and with the Tenant Improvements in substantially the same condition as existed on the Term Commencement Date, and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance, repair or replacement records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s its sole cost and expense, remove make all telephone nonstructural repairs to the Demised Premises and data systemsthe fixtures, wiring equipment and appurtenances therein, including all Building systems and equipment from the Premises (but with respect to wiring, only therein to the extent same exclusively serve the Demised Premises or which have been installed or materially modified in any way by or on behalf of a Tenant Party)Tenant, as and repair any damage when needed to preserve the Demised Premises caused thereby(and all such fixtures, equipment and appurtenances) in good working order and condition, except for reasonable wear and tear. Except as expressly set forth in Section 18.1 aboveIn addition, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than Landlord’s obligation to make available to Tenant the TI Allowance in accordance with this Lease.
18.3 Without limiting the provisions of Section 16.2, Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense.
18.4 Subject but subject to the provisions of Section 14.411.03 above, if any excavation Tenant, at its expense, shall be made upon land adjacent to promptly make all repairs, ordinary or under extraordinary, interior or exterior, structural or otherwise, in and about the Demised Premises and the Building, or as shall be authorized to be maderequired by reason of (i) the performance or existence of Tenant's Work or Tenant's Changes, then (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, (iv) the negligence or willful act of Tenant shall afford to or any of its employees, agents or contractors or (v) the person causing or authorized to cause such excavation, license to enter use of any portion of the Demised Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations a use that is not permitted under this Lease.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 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 Subject to the provisions of Article 9, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenseslease. Notwithstanding the foregoing, to the extent that Tenant is obligated to perform any structural repairs to any portion of the cost Demised Premises or other portion of the Building (including the Terrace Area (as defined in Article 41 below) or is obligated to perform any repairs outside of the Demised Premises, Landlord, at its election, may perform such repairs and maintenance arising from on Tenant’s acts's behalf, neglectin which event, fault or omissions (but not gross negligence or willful misconduct) exceeds the limits of any insurance maintained or required to be maintained by Tenant pursuant to this Lease but are covered by insurance maintained or required to be maintained by Landlord under this Lease, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor actual costs paid or incurred by Landlord to perform such repairs within thirty fifteen (3015) days after receipt Landlord's request therefor, which request shall be accompanied by a reasonably detailed description of an invoice therefor (orthe repairs in question and the costs thereof. Except if required by the negligence or other fault of Landlord or its employees, agents or contractors, but subject to the provisions of Section 11.03 above and Landlord's obligation to perform the Window Work, Tenant, at its expense, shall replace all materially damaged glass in or about the Demised Premises and shall be responsible for all repairs, maintenance and replacement of interior doors and wall and floor coverings in the Demised Premises and, for the repair and maintenance of all lighting fixtures therein. All repairs made by Tenant shall be made in accordance with Article 13 of this lease, as if Landlord has not obtained or maintained the insurance it is required such repairs were a Change, subject to obtain Landlord's right to make such repairs on behalf of Tenant, as more particularly provided above.
15.02 Landlord, at its expense, shall keep and maintain pursuant the Building and its systems and facilities serving the Demised Premises, including (subject to the provisions of Section 15.01 above) the Building HV systems (as defined in Section 17.02 below), provided same have not been modified by Tenant, and the public and common areas thereof in good working order, condition and repair, consistent with other first-class office buildings in the vicinity of the Building which are approximately the same size and same age as the Building.
15.03 Except as may otherwise be expressly provided in this Leaselease, Landlord shall pay have no liability to Tenant by reason of any inconvenience, annoyance, interruption or injury to business arising from Landlord, Tenant or others making or failing to make any repairs or changes which, with respect to Landlord, Landlord is required or permitted by this lease, or required by law to make, in or to any portion of the Building or the Demised Premises, or in or to the fixtures, equipment or appurtenances of the Building or the Demised Premises, provided that Landlord shall use due diligence in making any repairs and shall perform such excessrepair work, other than what except in case of emergency, at times reasonably convenient to Tenant and otherwise in such manner as will not materially interfere with Tenant's use of the deductible would have been had Demised Premises; provided, however, the foregoing shall not require Landlord obtained and maintained to perform any such repairs or changes on an overtime or premium time basis except in the requisite insurance, which Tenant shall pay to Landlord within thirty (30) days after receipt case of an invoice therefor)Abatement Event or, in Landlord's reasonable determination, actually threatens the health and safety of the occupants of the Demised Premises.
Appears in 1 contract
Samples: Lease Agreement (About Com Inc)
Repairs and Maintenance. 18.1 Landlord shall repair and maintain the structural and exterior portions and Common Area of the Building and the Project, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing up to the point of entry to the Building (for purposes of clarity, all plumbing from the point of entry to the Premises and extending into and through the Premises, including plumbing fixtures and plumbing lines, shall be a) Tenant’s obligation to maintain and repair pursuant to Section 18.2 below); fire sprinkler systems (if any); elevators; and base Building electrical systems installed or furnished by Landlord. Tenant hereby waives any and all rights under and benefits of Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect, and Tenant waives the right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code, and under all other similar laws, statutes or ordinances now or hereafter in effect.
18.2 Except for services of Landlord, if any, required by Section 18.1, Tenant shall, at Tenant’s its sole cost and expense and at all times from throughout the term of this lease, shall keep and after the date upon which Landlord delivers possession of maintain the Premises to in a neat and orderly condition. Tenant for shall not use or permit the purpose use of commencing the Tenant Improvements, maintain, repair and keep the Premises (including but not limited to (i) the HVAC systems exclusively serving the Premises, including the any portion of the HVAC system that includes common areas for other than their intended use.
(b) Throughout the first damper or isolation valve and extends into and through the Premisesterm of this lease, any supplemental HVAC serving the Premises, and any other systems or equipment exclusively serving the Premises and (ii) Landlord shall make all plumbing serving the Premises from the point of entry necessary repairs to the Premises within a timely manner and extending into and through the Premises, including plumbing fixtures and plumbing lines) and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted, and with the Tenant Improvements in substantially the same condition as existed other improvements located on the Term Commencement DateProperty; provided, and shallhowever, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance, repair or replacement records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises (but with respect to wiring, only to the extent installed by or on behalf of a Tenant Party), and repair any damage to the Premises caused thereby. Except as expressly set forth in Section 18.1 above, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than Landlord’s obligation to make available to Tenant the TI Allowance in accordance with this Lease.
18.3 Without limiting the provisions of Section 16.2, Landlord shall not be liable for any failure responsibility to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease repair unless such failure shall persist for an unreasonable time after Tenant provides and until Landlord with receives written notice of the need for such repair or until Landlord has actual knowledge of the need for such repairs or maintenancerepair. Tenant waives its rights under Applicable Laws now or hereafter Landlord shall keep and maintain all common areas of the Property and any sidewalks, parking areas, curbs and access ways adjoining the Property in effect to make repairs at Landlord’s expensea 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.
18.4 Subject (c) Repairs and replacements to the provisions Premises and the Property arising out of Section 14.4or caused by Tenant’s misuse, if manner of use or occupancy of the Premises or by Tenant’s installation in or upon the Premises or by any excavation act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made upon land adjacent to or under at the Building, or shall be authorized to be made, then Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose sole cost and expense of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Subject to the provisions of Article 9, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing, to the extent that the cost of such repairs and maintenance arising from Tenant’s acts, neglect, fault or omissions (but not gross negligence or willful misconduct) exceeds the limits of any insurance maintained or required to be maintained by Tenant pursuant to this Lease but are covered by insurance maintained or required to be maintained by Landlord under this Lease, then If Landlord shall file a claim for perform such excess pursuant to Landlord’s insurance repairs, Landlord shall bxxx Tenant therefor and Tenant shall promptly reimburse Landlord for the deductible therefor within thirty (30) days after receipt cost of an invoice therefor (or, if Landlord has not obtained or maintained the insurance it is required to obtain and maintain pursuant to this Lease, Landlord shall pay any such excess, other than what the deductible would have been had Landlord obtained and maintained the requisite insurance, which repairs as Additional Rent. Tenant shall pay not bear the expense of any repairs or replacements to Landlord within thirty (30) days after receipt the Premises or the Property arising out of an invoice therefor)or caused by any other Tenant’s use, manner of use or occupancy of the Property or by any other Tenant’s installation in or upon the Property, or by any act or omission of any other Tenant or any other Tenant’s employees, agents, contractors or invitees. Nothing herein above shall preclude Landlord’s responsibility for normal and ordinary repairs and maintenance to the premises.
Appears in 1 contract
Repairs and Maintenance. 18.1 Landlord shall 9.1 The Lessor undertakes to maintain the exterior and public parts of the Demised Premises [and of the building], including, without limitation, its foundations, pillars, beams, floors, roofs, terraces, walls and other structural parts, its entrances, its common areas (including, without limitation, halls, corridors, elevators and stairways), its main sewers, drains, gutters, window and door casings, and the like, its heating and air conditioning equipment, and toilets, and all building systems (including, without limitation, plumbing and electrical systems) in good repair and maintain tenantable condition, including, without limitation, repainting and repairing [at intervals of two years OR specify frequency of maintenance service] and, when their condition warrants, earlier attention. For this purpose, and subject to UNHCR’s agreement, the structural Lessor shall have the right, upon reasonable prior notice to UNHCR, and exterior portions at reasonable times, to enter, inspect and Common Area of the Building and the Project, including roofing and covering materials; foundations (excluding make any architectural slabs, but including any structural slabs); exterior walls; plumbing up necessary repairs to the point Demised Premises, and may enter the Demised Premises forthwith whenever reasonably necessary to make emergency repairs. All such work shall be carried out with minimal disruption to UNHCR. Any such maintenance or repair work shall be of entry a quality no less than the original work or construction.
9.2 In addition to the Building (for purposes of clarity, all plumbing from the point of entry to the Premises and extending into and through the Premises, including plumbing fixtures and plumbing lines, shall be TenantLessor’s obligation responsibility to maintain and repair pursuant to Section 18.2 below); fire sprinkler systems (if any); elevators; all elevators in accordance with Article 9.1 hereof, the Lessor, upon request from UNHCR, shall provide UNHCR with the certificate(s) of maintenance and base Building electrical systems installed certificate(s) of inspection for any or furnished by Landlord. Tenant hereby waives any and all rights under and benefits of Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectelevators serving the areas and floors occupied by UNHCR.
9.3 UNHCR shall take reasonable care of the Demised Premises and the fixtures and appurtenances therein. UNHCR shall be responsible for minor repairs to, and Tenant waives routine maintenance of, the right to make repairs at Landlord’s expense under Sections 1941 Demised Premises arising from its occupation and 1942 use of the California Civil CodeDemised Premises during the term of this Lease, [NOTE: it may be useful to insert a financial cap for UNHCR’s obligation under this Article to maintain the Demised Premises.] Such minor repairs include the routine repair of locks, windows, doors, floors, fittings, lightings, appurtenances and under all other similar laws, statutes or ordinances now or hereafter in effect.
18.2 Except sanitary xxxx. UNHCR shall not be responsible for services of Landlord, if any, required by Section 18.1, Tenant shall, at Tenant’s sole cost and expense and at all times from and after the date upon which Landlord delivers possession of the Premises to Tenant for the purpose of commencing the Tenant Improvements, maintain, repair and keep the Premises (including but not limited to (i) the HVAC systems exclusively serving the Premises, including the portion of the HVAC system that includes the first damper or isolation valve reasonable wear and extends into and through the Premises, any supplemental HVAC serving the Premises, and any other systems or equipment exclusively serving the Premises and tear; (ii) all plumbing serving obsolescence; (iii) damage by the Premises from the point of entry to the Premises and extending into and through the Premiseselements or circumstances over which UNHCR has no control; (iv) damage caused by, including plumbing fixtures and plumbing lines) and every part thereof in good condition and repairor resulting from, damage thereto from ordinary wear and tear excepted, and with the Tenant Improvements in substantially the same condition as existed on the Term Commencement Date, and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance, repair acts or replacement records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination omissions of the TermLessor, surrender the Premises to Landlord in as good a condition as when receivedits employees, ordinary wear and tear excepted; and shallofficers, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises (but with respect to wiring, only to the extent installed by or on behalf of a Tenant Party), and repair any damage to the Premises caused thereby. Except as expressly set forth in Section 18.1 above, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than Landlord’s obligation to make available to Tenant the TI Allowance in accordance with this Lease.
18.3 Without limiting the provisions of Section 16.2, Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense.
18.4 Subject to the provisions of Section 14.4, if any excavation shall be made upon land adjacent to or under the Buildingagents, or shall be authorized to be made, then Tenant shall afford to the person causing subcontractors; or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for (v) damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease.
18.5 This Article relates to repairs and maintenance arising defects set out in the ordinary course of operation of the Building and the Project. In the event of a casualty Vacancy Inspection Letter described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article3 above.
18.6 Subject 9.4 The Lessor undertakes and agrees to maintain the provisions sidewalks of Article 9[the Demised Premises] OR [of the building] in good repair and free of [ice, costs incurred by Landlord pursuant snow and] any obstruction and to accept all liability in connection therewith.
9.5 [DELETE this Article shall constitute Operating Expenses. Notwithstanding clause unless the foregoing, to the extent that the cost of such repairs and maintenance arising from Tenant’s acts, neglect, fault or omissions (but not gross negligence or willful misconduct) exceeds the limits of any insurance maintained or required building is to be maintained by Tenant pursuant shared with other occupants:] The Lessor undertakes that no part of the building in which the Demised Premises are located shall be let or used for any illegal purpose or for gambling and, in considering potential tenants or any activities to this Lease but are covered by insurance maintained or required to be maintained by Landlord under this Leasetake place in such building, then Landlord the Lessor shall file take into account that UNHCR is a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for tenant in the deductible therefor within thirty (30) days after receipt of an invoice therefor (or, if Landlord has not obtained or maintained the insurance it is required to obtain and maintain pursuant to this Lease, Landlord shall pay such excess, other than what the deductible would have been had Landlord obtained and maintained the requisite insurance, which Tenant shall pay to Landlord within thirty (30) days after receipt of an invoice therefor)Demised Premises.
Appears in 1 contract
Samples: Lease Agreement
Repairs and Maintenance. 18.1 Landlord shall (a) Subject to Section 4.6(g), should it become necessary in Lessor's sole discretion during the Term hereof to repair and maintain the structural and exterior portions and Common Area structure of any buildings located on the Building and Property (the Project"Buildings"), including roofing and covering materials; foundations (excluding any architectural slabsbut not limited to, but including any structural slabs); the roof, exterior walls; , floor slab, windows, exterior doors, HVAC (as defined hereinafter), plumbing up or other building systems, in order to the point of entry give effect to the Building (for purposes of clarityLessee's rights hereunder, all plumbing from the point of entry to the Premises and extending into and through the Premises, including plumbing fixtures and plumbing lines, shall be Tenant’s obligation to maintain and repair pursuant to Section 18.2 below); fire sprinkler systems (if any); elevators; and base Building electrical systems installed or furnished by Landlord. Tenant hereby waives any and all rights under and benefits of Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect, and Tenant waives the right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code, and under all other similar laws, statutes or ordinances now or hereafter in effect.
18.2 Except for services of Landlord, if any, required by Section 18.1, Tenant shall, at Tenant’s sole cost and expense and at all times from and after the date upon which Landlord delivers possession of the Premises to Tenant for the purpose of commencing the Tenant Improvements, maintain, repair and keep the Premises (including but not limited to (i) the HVAC systems exclusively serving the Premises, including the portion maintaining and ensuring future maintenance of the HVAC system that includes Property and the first damper or isolation valve and extends into and through environment within the Premises, any supplemental HVAC serving the Premises, and any other systems or equipment exclusively serving the Premises and (ii) all plumbing serving the Premises from the point of entry to the Premises and extending into and through the Premises, including plumbing fixtures and plumbing lines) and every part thereof Property in good condition and repair, damage thereto from ordinary wear and tear excepted, and accordance with the Tenant Improvements FDA's current Good Manufacturing Practices and applicable DEA regulations, or to maintain the Shared Areas in substantially the same condition as existed on the Term Commencement Datedate hereof, and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance, repair or replacement records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted; and shall, Lessor shall make such repairs at Landlord’s request and Tenant’s its sole cost and expense, remove within a reasonable time after notice to do so by Lessee, unless such repairs are required as the result of the gross negligence or willful misconduct of Lessee or its agents, employees or invitees, and, in such cases, such necessary repairs shall be made by Lessee or by Lessor at Lessee's sole cost and expense.
(b) Subject to the performance by Lessor of its obligations under Section 4.6(a), Lessee shall keep the Premises, including all telephone improvements and data systemsfixtures, wiring in a good, clean and safe condition, in order to keep the same in substantially the same condition as on the date hereof, at all times during the Term of this Agreement, and shall perform such repairs as are required as the result of the gross negligence or willful misconduct of Lessee or its agents, employees or invitees, in each case at Lessee's sole cost and expense. Lessee shall keep the equipment from in good condition and repair at all times during the Term of this Agreement.
(c) Lessee shall be responsible for the repair of all uninsured damage caused by Lessee, and all maintenance required as a result of the gross negligence or willful misconduct of Lessee, to the plumbing, electrical and other fixtures located within the Premises.
(d) Lessee shall comply in all material respects with all laws, ordinances, orders and regulations of governmental authorities relating to Lessee's manner of use of the Premises and the actual conduct of Lessee's business.
(but e) Lessee shall promptly notify the Lessor in writing of any damage to or defects in the Premises, and of any injuries to persons or property which occur therein, of which Lessee had actual notice.
(f) Lessee shall not take or fail to take any action which, as a direct result, increases the amount of Lessor's insurance premiums in relation to the Premises and will comply with all reasonable recommendations of Lessor's insurer with respect to wiringany precautions concerning life and safety and against fire. Lessee hereby agrees to reimburse Lessor for any increase in Lessor's insurance premiums which directly result from Lessee's actions or inactions.
(g) In the event that during the Term hereof any alteration, only addition, repair, maintenance or other change to the extent installed Premises, or any portion thereof, is required to be made in connection with the enactment, amendment or repeal of any statute, ordinance, rule or regulation, including under FDA, DEA rules and regulations, or the rendering of any judicial or administrative decision increasing building standards above the standards existing on the date hereof, then and in that event:
(i) if such repair, maintenance, alteration, addition or change is required primarily by reason of the manner or on behalf mode or character of a Tenant PartyLessee's use of the Premises, Lessee shall have the right to terminate this Agreement by giving notice to Lessor, in which case this Agreement shall terminate as of the date that is 90 calendar days after the date such notice is given, and if Lessee does not elect to terminate this Agreement, then Lessee shall make such alteration, addition or change at Lessee's sole cost and expense and in compliance with the terms of this Agreement;
(ii) subject to Section 4.7(c), and repair if said repair, maintenance, alteration, addition or change is required for any damage other reason, including, but not limited to, a structural defect in or other condition relating to the Premises caused thereby. Except which was in existence as expressly set forth in Section 18.1 above, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than Landlord’s obligation to make available to Tenant the TI Allowance in accordance with this Lease.
18.3 Without limiting the provisions of Section 16.2, Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs date hereof, then said alteration, addition or maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense.
18.4 Subject to the provisions of Section 14.4, if any excavation change shall be made at Lessor's sole cost and expense and within a commercially reasonable amount of time.
(h) Lessor, its agents and representatives, may enter upon land adjacent to or under the Building, or shall be authorized to be made, then Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises at any reasonable time and upon reasonable notice and without unreasonably interfering with Lessee's business, emergencies excepted, for the purpose of performing such work inspecting the same, or as such person shall deem necessary otherwise required by any applicable law, rule or desirable regulation or by Lessor in respect of security matters or for the Buildings' safety and protection.
(i) Notwithstanding the foregoing provisions, if Lessee has actual knowledge of any condition requiring any immediate, urgent repair to preserve the Premises or requiring the performance of any other urgent action, and protect any delay in the Building from injury performance thereof may result in material loss or damage to the Premises, Lessee shall have the right, at its option, to make such repairs or perform such act promptly without obtaining Lessor's prior approval if otherwise required hereunder. Any condition which shuts down any or all of Lessee's production on the Premises shall de facto be a condition requiring urgent repair. Lessee shall as soon as practicable thereafter notify Lessor of the facts and shall be entitled to support the same by proper foundationsbe reimbursed promptly for all its reasonable costs incurred in connection therewith, without any claim for damages or liability against Landlord and without reducing or provided, it is not otherwise affecting Tenant’s obligations Lessee's responsibility under this LeaseAgreement to make said corrections.
18.5 This Article relates (j) Lessor shall have the right to repairs contest or review by legal proceedings or in any such other manner as Lessor deems suitable, any laws, ordinances and maintenance arising in the ordinary course of regulations requiring that Lessor perform a repair, provided that such right to contest shall not unreasonably disturb Lessee's use and operation of the Building Premises. Lessee shall cooperate with Lessor, execute such documents and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Subject to the provisions of Article 9, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing, to the extent that the cost of perform such repairs and maintenance arising from Tenant’s acts, neglect, fault or omissions (but not gross negligence or willful misconduct) exceeds the limits of any insurance maintained or acts as may be reasonably required to be maintained by Tenant pursuant to this Lease but are covered by insurance maintained effectively prosecute such contest or required to be maintained by Landlord under this Leasereview, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance all at Lessor's sole cost and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice therefor (or, if Landlord has not obtained or maintained the insurance it is required to obtain and maintain pursuant to this Lease, Landlord shall pay such excess, other than what the deductible would have been had Landlord obtained and maintained the requisite insurance, which Tenant shall pay to Landlord within thirty (30) days after receipt of an invoice therefor)expense.
Appears in 1 contract
Repairs and Maintenance. 18.1 Landlord shall (a) Subject to Section 4.6(g), should ----------------------- it become necessary in Lessor's sole discretion during the Term hereof to repair and maintain the structural and exterior portions and Common Area structure of any buildings located on the Building and Property (the Project"Buildings"), --------- including roofing and covering materials; foundations (excluding any architectural slabsbut not limited to, but including any structural slabs); the roof, exterior walls; , floor slab, windows, exterior doors, HVAC (as defined hereinafter), plumbing up or other building systems, in order to the point of entry give effect to the Building (for purposes of clarityLessee's rights hereunder, all plumbing from the point of entry to the Premises and extending into and through the Premises, including plumbing fixtures and plumbing lines, shall be Tenant’s obligation to maintain and repair pursuant to Section 18.2 below); fire sprinkler systems (if any); elevators; and base Building electrical systems installed or furnished by Landlord. Tenant hereby waives any and all rights under and benefits of Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect, and Tenant waives the right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code, and under all other similar laws, statutes or ordinances now or hereafter in effect.
18.2 Except for services of Landlord, if any, required by Section 18.1, Tenant shall, at Tenant’s sole cost and expense and at all times from and after the date upon which Landlord delivers possession of the Premises to Tenant for the purpose of commencing the Tenant Improvements, maintain, repair and keep the Premises (including but not limited to (i) the HVAC systems exclusively serving the Premises, including the portion maintaining and ensuring future maintenance of the HVAC system that includes Property and the first damper or isolation valve and extends into and through environment within the Premises, any supplemental HVAC serving the Premises, and any other systems or equipment exclusively serving the Premises and (ii) all plumbing serving the Premises from the point of entry to the Premises and extending into and through the Premises, including plumbing fixtures and plumbing lines) and every part thereof Property in good condition and repair, damage thereto from ordinary wear and tear excepted, and accordance with the Tenant Improvements FDA's current Good Manufacturing Practices and applicable DEA regulations, or to maintain the Shared Areas in substantially the same condition as existed on the Term Commencement Datedate hereof, and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance, repair or replacement records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted; and shall, Lessor shall make such repairs at Landlord’s request and Tenant’s its sole cost and expense, remove within a reasonable time after notice to do so by Lessee, unless such repairs are required as the result of the gross negligence or willful misconduct of Lessee or its agents, employees or invitees, and, in such cases, such necessary repairs shall be made by Lessee or by Lessor at Lessee's sole cost and expense.
(b) Subject to the performance by Lessor of its obligations under Section 4.6(a), Lessee shall keep the Premises, including all telephone improvements and data systemsfixtures, wiring in a good, clean and safe condition, in order to keep the same in substantially the same condition as on the date hereof, at all times during the Term of this Agreement, and shall perform such repairs as are required as the result of the gross negligence or willful misconduct of Lessee or its agents, employees or invitees, in each case at Lessee's sole cost and expense. Lessee shall keep the equipment from in good condition and repair at all times during the Term of this Agreement.
(c) Lessee shall be responsible for the repair of all uninsured damage caused by Lessee, and all maintenance required as a result of the gross negligence or willful misconduct of Lessee, to the plumbing, electrical and other fixtures located within the Premises.
(d) Lessee shall comply in all material respects with all laws, ordinances, orders and regulations of governmental authorities relating to Lessee's manner of use of the Premises and the actual conduct of Lessee's business.
(but e) Lessee shall promptly notify the Lessor in writing of any damage to or defects in the Premises, and of any injuries to persons or property which occur therein, of which Lessee had actual notice.
(f) Lessee shall not take or fail to take any action which, as a direct result, increases the amount of Lessor's insurance premiums in relation to the Premises and will comply with all reasonable recommendations of Lessor's insurer with respect to wiringany precautions concerning life and safety and against fire. Lessee hereby agrees to reimburse Lessor for any increase in Lessor's insurance premiums which directly result from Lessee's actions or inactions.
(g) In the event that during the Term hereof any alteration, only addition, repair, maintenance or other change to the extent installed Premises, or any portion thereof, is required to be made in connection with the enactment, amendment or repeal of any statute, ordinance, rule or regulation, including under FDA, DEA rules and regulations, or the rendering of any judicial or administrative decision increasing building standards above the standards existing on the date hereof, then and in that event:
(i) if such repair, maintenance, alteration, addition or change is required primarily by reason of the manner or on behalf mode or character of a Tenant PartyLessee's use of the Premises, Lessee shall have the right to terminate this Agreement by giving notice to Lessor, in which case this Agreement shall terminate as of the date that is 90 calendar days after the date such notice is given, and if Lessee does not elect to terminate this Agreement, then Lessee shall make such alteration, addition or change at Lessee's sole cost and expense and in compliance with the terms of this Agreement;
(ii) subject to Section 4.7(c), and repair if said repair, maintenance, alteration, addition or change is required for any damage other reason, including, but not limited to, a structural defect in or other condition relating to the Premises caused thereby. Except which was in existence as expressly set forth in Section 18.1 above, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than Landlord’s obligation to make available to Tenant the TI Allowance in accordance with this Lease.
18.3 Without limiting the provisions of Section 16.2, Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs date hereof, then said alteration, addition or maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense.
18.4 Subject to the provisions of Section 14.4, if any excavation change shall be made at Lessor's sole cost and expense and within a commercially reasonable amount of time.
(h) Lessor, its agents and representatives, may enter upon land adjacent to or under the Building, or shall be authorized to be made, then Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises at any reasonable time and upon reasonable notice and without unreasonably interfering with Lessee's business, emergencies excepted, for the purpose of performing such work inspecting the same, or as such person shall deem necessary otherwise required by any applicable law, rule or desirable regulation or by Lessor in respect of security matters or for the Buildings' safety and protection.
(i) Notwithstanding the foregoing provisions, if Lessee has actual knowledge of any condition requiring any immediate, urgent repair to preserve the Premises or requiring the performance of any other urgent action, and protect any delay in the Building from injury performance thereof may result in material loss or damage to the Premises, Lessee shall have the right, at its option, to make such repairs or perform such act promptly without obtaining Lessor's prior approval if otherwise required hereunder. Any condition which shuts down any or all of Lessee's production on the Premises shall de facto be a condition requiring urgent repair. Lessee shall as soon as practicable thereafter notify Lessor of the facts and shall be entitled to support the same by proper foundationsbe reimbursed promptly for all its reasonable costs incurred in connection therewith, without any claim for damages or liability against Landlord and without reducing or provided, it is not otherwise affecting Tenant’s obligations Lessee's -------- responsibility under this LeaseAgreement to make said corrections.
18.5 This Article relates (j) Lessor shall have the right to repairs contest or review by legal proceedings or in any such other manner as Lessor deems suitable, any laws, ordinances and maintenance arising in the ordinary course of regulations requiring that Lessor perform a repair, provided that such right to contest shall not unreasonably disturb Lessee's use and operation of the Building Premises. Lessee shall cooperate with Lessor, execute such documents and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Subject to the provisions of Article 9, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing, to the extent that the cost of perform such repairs and maintenance arising from Tenant’s acts, neglect, fault or omissions (but not gross negligence or willful misconduct) exceeds the limits of any insurance maintained or acts as may be reasonably required to be maintained by Tenant pursuant to this Lease but are covered by insurance maintained effectively prosecute such contest or required to be maintained by Landlord under this Leasereview, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance all at Lessor's sole cost and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice therefor (or, if Landlord has not obtained or maintained the insurance it is required to obtain and maintain pursuant to this Lease, Landlord shall pay such excess, other than what the deductible would have been had Landlord obtained and maintained the requisite insurance, which Tenant shall pay to Landlord within thirty (30) days after receipt of an invoice therefor)expense.
Appears in 1 contract
Samples: Facilities Sharing Agreement and Lease (Armkel LLC)
Repairs and Maintenance. 18.1 Landlord 14.01. Tenant shall repair and maintain the structural and exterior portions and Common Area take good care of the Building Demised Premises. Tenant, at its expense, shall promptly make all repairs, ordinary or extraordinary, interior or exterior, structural or otherwise in and about the Demised Premises and the ProjectBuilding, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing up to the point of entry to the Building (for purposes of clarity, all plumbing from the point of entry to the Premises and extending into and through the Premises, including plumbing fixtures and plumbing lines, as shall be Tenant’s obligation to maintain and repair pursuant to Section 18.2 below); fire sprinkler systems (if any); elevators; and base Building electrical systems installed or furnished by Landlord. Tenant hereby waives any and all rights under and benefits of Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect, and Tenant waives the right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code, and under all other similar laws, statutes or ordinances now or hereafter in effect.
18.2 Except for services of Landlord, if any, required by Section 18.1, Tenant shall, at Tenant’s sole cost and expense and at all times from and after the date upon which Landlord delivers possession reason of the Premises to Tenant for the purpose of commencing the Tenant Improvements, maintain, repair and keep the Premises (including but not limited to (i) the HVAC systems exclusively serving the Premises, including the portion performance of the HVAC system that includes the first damper Tenant's Finish Work or isolation valve and extends into and through the Premises, any supplemental HVAC serving the Premises, and any other systems or equipment exclusively serving the Premises and Tenant's Changes; (ii) all plumbing serving the installation, use or operation of Tenant's Property in the Demised Premises from by Tenant, its agents or employees; (iii) the point moving of entry to the Premises and extending into and through the Premises, including plumbing fixtures and plumbing lines) and every part thereof Tenant's Property in good condition and repair, damage thereto from ordinary wear and tear excepted, and with the Tenant Improvements in substantially the same condition as existed on the Term Commencement Date, and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance, repair or replacement records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination out of the Term, surrender Building; or (iv) the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises (but with respect to wiring, only to the extent installed by misuse or on behalf neglect of a Tenant Party), and repair any damage to the Premises caused thereby. Except as expressly set forth in Section 18.1 above, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereofof its employees, other than Landlord’s obligation to make available to agents, contractors or invitees; but Tenant the TI Allowance in accordance with this Lease.
18.3 Without limiting the provisions of Section 16.2, Landlord shall not be liable responsible, and Landlord shall be responsible, for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs as are required by reason of Landlord's neglect or other fault in the manner of performing any of Tenant's Finish 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 in or about the Demised Premises and shall be responsible for all repairs, maintenance. Tenant waives its rights under Applicable Laws now or hereafter , and replacement of wall and floor coverings in effect to make repairs at Landlord’s expensethe Demised Premises and, for the repair and maintenance of all lighting fixtures therein.
18.4 Subject 14.02. Landlord, subject to the provisions of Section 14.45.04, if any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, then Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve keep and protect maintain the Building from injury and its fixtures, appurtenances, systems and facilities serving the Demised Premises, in good working order, condition, and repair and shall make with all due diligence all repairs, structural and otherwise, interior and exterior, as and when needed in or damage and about the Demised Premises, except for those repairs for which Tenant is responsible pursuant to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under other provisions of this Lease.
18.5 This Article relates 14.03. Landlord shall have no liability to Tenant by reason of any inconvenience, annoyance, interruption, or injury to Tenant's business arising from Landlord's making any repairs and maintenance arising or changes which Landlord is required or permitted by this Lease or required by law, to make in the ordinary course of operation or to any portion of the Building and or the Project. In the event of a casualty described Demised Premises, or 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 Subject or to the provisions fixtures, equipment of Article 9appurtenances of the Building or the Demised Premises, costs incurred by provided that Landlord pursuant shall use due diligence with respect thereto and shall perform such work, except in case of emergency, at a time reasonably convenient to this Article shall constitute Operating ExpensesTenant and otherwise in such a manner as will not materially interfere with Tenant's use of the Demised Premises. Notwithstanding the foregoing, if Landlord fails to make repairs or comply with any laws and such condition shall continue for any reason in excess of 10 consecutive days and such interruption or failure results in the denial to Tenant of access to the extent that Demised Premises or otherwise renders impossible or impracticable the cost intended use of a significant portion of the Demised Premises, Tenant shall be entitled, upon 5 days written notice to Landlord, to an abatement of rent for the period of such repairs failure, and maintenance arising from Tenant’s actsif such failure continues for a period in excess of 45 days, neglect, fault or omissions (but not gross negligence or willful misconduct) exceeds Tenant may terminate this Lease by giving 5 days written notice to Landlord and the limits holder of any insurance maintained superior lease or required to be maintained by Tenant pursuant to this Lease but superior mortgage at any time before such services are covered by insurance maintained restored or required to be maintained by Landlord under this Lease, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice therefor (or, if Landlord has not obtained repairs are made or maintained the insurance it relevant law is required to obtain and maintain pursuant to this Lease, Landlord shall pay such excess, other than what the deductible would have been had Landlord obtained and maintained the requisite insurance, which Tenant shall pay to Landlord within thirty (30) days after receipt of an invoice therefor)complied with.
Appears in 1 contract
Repairs and Maintenance. 18.1 Landlord 14.01. Tenant shall repair and maintain the structural and exterior portions and Common Area take good care of the Building Demised Premises. Tenant, at its expense, shall promptly make all repairs, ordinary or extraordinary, interior or exterior, structural or otherwise in and about the Demised Premises and the Project, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing up to the point of entry to the Building (for purposes of clarity, all plumbing from the point of entry to the Premises and extending into and through the Premises, including plumbing fixtures and plumbing lines, as shall be Tenant’s obligation to maintain and repair pursuant to Section 18.2 below); fire sprinkler systems (if any); elevators; and base Building electrical systems installed or furnished by Landlord. Tenant hereby waives any and all rights under and benefits of Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect, and Tenant waives the right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code, and under all other similar laws, statutes or ordinances now or hereafter in effect.
18.2 Except for services of Landlord, if any, required by Section 18.1, Tenant shall, at Tenant’s sole cost and expense and at all times from and after the date upon which Landlord delivers possession reason of the Premises to Tenant for the purpose of commencing the Tenant Improvements, maintain, repair and keep the Premises (including but not limited to (i) the HVAC systems exclusively serving the Premises, including the portion performance of the HVAC system that includes the first damper Tenant's Finish Work or isolation valve and extends into and through the Premises, any supplemental HVAC serving the Premises, and any other systems or equipment exclusively serving the Premises and Tenant's Changes; (ii) all plumbing serving the installation, use or operation of Tenant's Property in the Demised Premises from by Tenant, its agents or employees; (iii) the point moving of entry to the Premises and extending into and through the Premises, including plumbing fixtures and plumbing lines) and every part thereof Tenant's Property in good condition and repair, damage thereto from ordinary wear and tear excepted, and with the Tenant Improvements in substantially the same condition as existed on the Term Commencement Date, and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance, repair or replacement records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination out of the Term, surrender Building; or (iv) the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises (but with respect to wiring, only to the extent installed by misuse or on behalf neglect of a Tenant Party), and repair any damage to the Premises caused thereby. Except as expressly set forth in Section 18.1 above, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereofof its employees, other than Landlord’s obligation to make available to agents, contractors or invitees; but Tenant the TI Allowance in accordance with this Lease.
18.3 Without limiting the provisions of Section 16.2, Landlord shall not be liable responsible, and Landlord shall be responsible, for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs as are required by reason of Landlord's neglect or other fault in the manner of performing any of Tenant's Finish 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 in or about the Demised Premises and shall be responsible for all repairs, maintenance. Tenant waives its rights under Applicable Laws now or hereafter , and replacement of wall and floor coverings in effect to make repairs at Landlord’s expensethe Demised Premises and, for the repair and maintenance of all lighting fixtures therein.
18.4 Subject 14.02. Landlord, subject to the provisions of Section 14.45.04, if shall keep and maintain the Building and its fixtures, appurtenances, systems and facilities serving the Demised Premises, in good working order, condition, and repair and shall make with all due diligence all repairs, structural and otherwise, interior and exterior, as and when needed in or about the Demised Premises, except for those repairs for which Tenant is responsible pursuant to any excavation other provisions of this Lease. Landlord states that on the inception of this Lease, the plumbing, mechanical, electrical, sewerage, fire protection and sprinkler systems and the HVAC system and the elevators will be in good working order and shall be made upon land adjacent comply with applicable legal requirements.
14.03. Landlord shall have no liability to or under the BuildingTenant by reason of any inconvenience, annoyance, interruption, or shall be authorized injury to be madeTenant's business arising from Landlord's making any repairs or changes which Landlord is required or permitted by this Lease or required by law, then Tenant shall afford to the person causing make in or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation portion of the Building and or the Project. In the event of a casualty described Demised Premises, or 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 Subject or to the provisions fixtures, equipment of Article 9appurtenances of the Building or the Demised Premises, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing, to the extent provided that the cost of such repairs and maintenance arising from Tenant’s acts, neglect, fault or omissions (but not gross negligence or willful misconduct) exceeds the limits of any insurance maintained or required to be maintained by Tenant pursuant to this Lease but are covered by insurance maintained or required to be maintained by Landlord under this Lease, then Landlord shall file use due diligence with respect thereto and shall perform such work, except in case of emergency, at a claim for time reasonably convenient to Tenant and otherwise in such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for a manner as will not materially interfere with Tenant's use of the deductible therefor within thirty (30) days after receipt of an invoice therefor (or, if Landlord has not obtained or maintained the insurance it is required to obtain and maintain pursuant to this Lease, Landlord shall pay such excess, other than what the deductible would have been had Landlord obtained and maintained the requisite insurance, which Tenant shall pay to Landlord within thirty (30) days after receipt of an invoice therefor)Demised Premises.
Appears in 1 contract
Samples: Lease Agreement (Pxre Group LTD)
Repairs and Maintenance. 18.1 Landlord (a) Tenant shall repair promptly throughout the term of this Lease (subject to the provisions of Section 6(c) below), at Tenant’s cost and expense, maintain the structural Premises in the condition existing on the date hereof, subject to reasonable wear and exterior portions tear, and Common Area deliver possession of the Building Premises upon the expiration or earlier termination of this Lease in the “Delivery Condition” (as such term is defined on Exhibit D annexed hereto). Tenant shall not commit or suffer to be committed any waste upon or about the Premises, and the Projectshall promptly at its cost and expense, including roofing make all necessary replacements, restorations, renewals and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing up to the point of entry to the Building (for purposes of clarity, all plumbing from the point of entry repairs to the Premises and extending into and through the Premisesappurtenances thereto, including plumbing fixtures and plumbing lineswhether interior or exterior, shall be Tenant’s obligation to maintain and repair pursuant to Section 18.2 below); fire sprinkler systems (if any); elevators; and base Building electrical systems installed facade, structural or furnished by Landlord. Tenant hereby waives any and all rights under and benefits of Sections 1941 and 1942 of the California Civil Code nonstructural, ordinary or under any similar law, statute, or ordinance now or hereafter in effectextraordinary, and Tenant waives foreseen or unforeseen, reasonable wear and tear excepted. Repairs, restorations, renewals and replacements shall be, to the right to make repairs extent possible, at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code, and under all other similar laws, statutes or ordinances now or hereafter least equivalent in effect.
18.2 Except for services of Landlord, if any, required by Section 18.1, Tenant shallquality, at Tenant’s sole cost and expense and at all times from and after the date upon which Landlord delivers possession of the Premises election, to Tenant for the purpose of commencing the Tenant Improvements, maintain, repair and keep the Premises (including but not limited to either (i) the HVAC systems exclusively serving the Premises, including the portion of the HVAC system that includes the first damper original work or isolation valve and extends into and through the Premises, any supplemental HVAC serving the Premises, and any other systems or equipment exclusively serving the Premises and (ii) all plumbing serving current first class standards of the Premises from property replaced, as the point of entry to case may be. Tenant shall not make any claim or demand upon or bring any action against the Premises and extending into and through the PremisesLandlord for any loss, including plumbing fixtures and plumbing lines) and every part thereof in good condition and repaircost, injury, damage thereto from ordinary wear and tear exceptedor other expense caused by any failure or defect, and with the Tenant Improvements in substantially the same condition as existed on the Term Commencement Datestructural or nonstructural, and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance, repair or replacement records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises (but with respect to wiring, only to the extent installed by or on behalf of a Tenant Party), and repair any damage to the Premises caused thereby. Except as expressly set forth in Section 18.1 above, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than Landlord’s obligation to make available to Tenant the TI Allowance in accordance with this Lease.
18.3 Without limiting the provisions of Section 16.2, (b) Landlord shall not under any circumstances be liable for required to build any failure improvements on the Premises, or to make any repairs repairs, replacements, alterations or renewals of any nature or description to the Premises, whether interior or exterior, ordinary or extraordinary, structural or nonstructural, foreseen or unforeseen, or, except as provided in Section 6(c) below, to make any expenditure whatsoever in connection with this Lease or to perform inspect or maintain the Premises in any maintenance that is Landlord’s obligation way. Tenant hereby waives the right to make repairs, replacements, renewals or restorations at the expense of Landlord pursuant to any laws.
(c) With respect to capital expenditures relating to (i) the façade of the Premises (exclusive of the windows) or (ii) the structure of the Premises, which are reasonably required to maintain the Premises or are required to comply with present or future laws of public authorities in respect of the Premises and which do not arise out of Tenant’s occupancy of the Premises (as opposed to the mere occupancy of the Premises by a tenant) or the negligence or willful misconduct of Tenant, Tenant’s employees or contractors, the cost thereof incurred by Tenant and reasonably approved by Landlord shall be shared between Landlord and Tenant with Tenant’s share of such capital expenditure being equal to the product of (A) the cost of such capital expenditure multiplied by (B) a fraction, the numerator of which is the remaining Term of this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice and the denominator of which is the useful life of the need item which is the subject of such repairs or maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense.
18.4 Subject to capital expenditure, and the provisions of Section 14.4, if any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, then Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation balance of the Building and the Projectcost of such capital expenditure being paid by Landlord. In the event of a casualty described any such capital expenditure in Article 24excess of One Hundred Thousand Dollars ($100,000.00), Article 24 Tenant shall apply in lieu of this Article. In bid the event of eminent domainwork to at least three (3) qualified, Article 25 reputable contractors reasonably satisfactory to Landlord, and then the lowest acceptable bid shall apply in lieu of this Article.
18.6 Subject to the provisions of Article 9, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing, to the extent that the cost of such repairs and maintenance arising from Tenant’s acts, neglect, fault or omissions (but not gross negligence or willful misconduct) exceeds the limits of any insurance maintained or required be presumptively deemed to be maintained by Tenant pursuant reasonable. With respect to this Lease but are covered by insurance maintained any capital expenditures relating to (i) the façade of the Premises (exclusive of the windows) or required to be maintained by Landlord under this Lease, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for (ii) the deductible therefor within thirty (30) days after receipt structure of an invoice therefor (or, if Landlord has not obtained or maintained the insurance it is required to obtain and maintain pursuant to this LeasePremises, Landlord shall pay such excesshave the right to oversee the performance thereof and shall have the right to approve (which approval shall not be unreasonably withheld, other than what conditioned or delayed) all material decisions with respect to the deductible would have been had Landlord obtained design and maintained the requisite insurance, which Tenant shall pay to Landlord within thirty (30) days after receipt of an invoice therefor)performance thereof.
Appears in 1 contract
Repairs and Maintenance. 18.1 Landlord shall repair and maintain the structural and exterior portions and Common Area of the Building and the Project, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing up to the point of entry to the Building (for purposes of clarity, all plumbing from the point of entry to the Premises and extending into and through the Premises, including plumbing fixtures and plumbing lines, shall be Tenant’s obligation to maintain and repair pursuant to Section 18.2 17.01. Except as specifically provided in Article 17.02 below); fire sprinkler systems (if any); elevators; and base Building electrical systems installed or furnished by Landlord. Tenant hereby waives any and all rights under and benefits of Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect, and Tenant waives the right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code, and under all other similar laws, statutes or ordinances now or hereafter in effect.
18.2 Except for services of Landlord, if any, required by Section 18.1, Tenant shall, at Tenant’s sole cost and expense and at all times from and after throughout the date upon which Landlord delivers possession Term, take good care of the Demised Premises, the fixtures and appurtenances therein, and shall not do, suffer, or permit any waste with respect thereto. Tenant shall keep and maintain the Demised Premises to including without limitation all building equipment, windows, doors, loading bay doors and shelters, plumbing and electrical systems, heating, ventilating and air conditioning ("HVAC") systems (whether located in the interior of the Demised Premises or on the exterior of the Building) in a clean and orderly condition. Tenant for the purpose of commencing the Tenant Improvementsshall, maintainat Landlord's option, repair keep and keep the Premises (including but not limited to (i) the maintain in a clean and orderly condition all HVAC systems and any other mechanical or other systems exclusively serving the Premises, including the portion Demised Premises which are located in whole or in part outside of the HVAC system Demised Premises (it being understood and agreed that includes if Landlord shall elect to keep and maintain said systems, then the first damper or isolation valve cost of same shall be included in Operating Expenses). Tenant shall keep and extends into maintain all exterior components of any windows, doors, loading bay doors and through the Premises, any supplemental HVAC shelters serving the Demised Premises in a clean and orderly condition. The phrase "keep and maintain" as used herein includes repairs, replacement and/or restoration as appropriate. Tenant shall not permit or suffer any over-loading of the floors of the Demised Premises. Tenant shall be responsible for all repairs, interior and exterior, structural and nonstructural, ordinary and extraordinary, in and to the Demised Premises, and any other the Building (including the facilities and systems thereof and the Common Areas the need for which arises out of (a) the performance or equipment exclusively serving existence of the Premises and Tenant's Work or alterations, (iib) all plumbing serving the Premises from installation, use or operation of the point of entry to Tenant's Property in the Premises and extending into and through the Demised Premises, including plumbing fixtures and plumbing lines(c) and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted, and with the Tenant Improvements in substantially the same condition as existed on the Term Commencement Date, and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance, repair or replacement records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination moving of the Term, surrender the Premises to Landlord Tenant's Property in as good a condition as when received, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises (but with respect to wiring, only to the extent installed by or on behalf out of a Tenant Party), and repair any damage to the Premises caused thereby. Except as expressly set forth in Section 18.1 above, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than Landlord’s obligation to make available to Tenant the TI Allowance in accordance with this Lease.
18.3 Without limiting the provisions of Section 16.2, Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense.
18.4 Subject to the provisions of Section 14.4, if any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made(d) the act, then omission, misuse or neglect of Tenant or any of its subtenants or its or their employees, agents, contractors or invitees. Upon request by Landlord, Tenant shall afford to the person causing or authorized to cause such excavationfurnish Landlord with true and complete copies of maintenance contracts and with copies of all invoices for work performed, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting confirming Tenant’s 's compliance with its obligations under this Lease.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event Tenant fails to furnish such copies, Landlord shall have the right, at Tenant's cost and expense, to conduct such inspections or surveys as may be required to determine whether or not Tenant is in compliance with this Article and to have any work required of eminent domainTenant performed at Tenant's cost and expense. Tenant shall promptly replace all scratched, Article 25 damaged or broken doors and glass in and about the Demised Premises and shall apply be responsible for all repairs, maintenance and replacement of wall and floor coverings in lieu the Demised Premises and for the repair and maintenance of this Article.
18.6 Subject all sanitary and electrical fixtures and equipment therein. The Tenant shall also arrange for its own cleaning services and rubbish removal, subject to the provisions right of Article 9Landlord, costs incurred by Landlord pursuant at Landlord's option to this Article shall constitute Operating Expenses. Notwithstanding the foregoing, to the extent that perform such services and include the cost of such services in Operating in Expenses. Tenant shall promptly make all repairs in or to the Demised Premises for which Tenant is responsible, and maintenance arising from Tenant’s acts, neglect, fault or omissions (but not gross negligence or willful misconduct) exceeds the limits of any insurance maintained or repairs required to be maintained made by Tenant pursuant to this Lease but are covered the mechanical, electrical, sanitary, heating, ventilating, air-conditioning or other systems of the Building shall be performed only by insurance maintained contractor(s) designated by Landlord. Any other repairs in or required to the Building and the facilities and systems thereof for which Tenant is responsible shall be maintained performed by Landlord under this Leaseat Tenant's expense; but Landlord may, then at its option, before commencing any such work or at any time thereafter, require Tenant to furnish to Landlord such security, in form (including, without limitation, a bond issued by a corporate surety licensed to do business in New Jersey) and amount, as Landlord shall file a claim deem necessary to assure the payment for such excess pursuant work by Tenant. Notwithstanding anything herein contained to Landlord’s insurance and the contrary, Landlord shall be responsible for repairs to the Demised Premises caused by the negligent acts or willful misconduct of Landlord or its agents.
17.02. So long as Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt is not in default of an invoice therefor (or, if Landlord has not obtained or maintained the insurance it is required to obtain and maintain pursuant to this Lease, Landlord shall pay make all structural repairs and replacements to the Demised Premises (i.e., repairs to the concrete slab, load bearing walls and structure supporting the roof membrane) at Landlord's cost and expense (unless the result of the act, omission, misuse or neglect of Tenant or its' employees, agents, contractors or invitees, in which case Landlord shall perform such excessrepairs or replacements to the structure at Tenant's expense). Further, other than what so long as Tenant is not in default of this Lease, Landlord shall maintain and make all repairs and/or replacements to the deductible would have been had roof membrane above the Demised Premises. The cost of such maintenance, repair and/or replacement to the roof membrane shall be included in Operating Expenses; provided, however, to the extent any such repair and/or replacement to the roof membrane constitutes a capital improvement, Landlord obtained shall make said capital improvement to the roof membrane, and maintained Tenant shall be responsible for that portion of the requisite insurancecost of said capital improvement as is determined by amortizing said cost over the useful life of the capital improvement; an annual amount equal to the amortized cost of the capital improvement shall be paid by Tenant, as an Operating Expense, over the then remaining Term (or extension thereof the Lease. Landlord shall keep and maintain the Common Areas and shall procure landscaping and snow removal services for the Building and the cost thereof shall be included in Operating Expenses, for which Tenant shall pay Tenant's Fraction.
17.03. Tenant shall not permit or suffer the overloading of the floors of the Demised Premises beyond 250 pounds per square foot, or lesser amount as may be applicable to any mezzanine area.
17.04. Except as otherwise expressly provided in this Lease, Landlord within thirty shall have no liability to Tenant, nor shall Tenant's covenants and obligations under this Lease be reduced or abated in any manner whatsoever, by reason of any inconvenience, annoyance, interruption or injury to business arising from Landlord's doing any repairs, maintenance, or changes which Landlord is required or permitted by this Lease, or required by Law, to make in or to any portion of the Building.
17.05. Notwithstanding anything herein contained in this Lease to the contrary, Landlord hereby agrees to provide Tenant with a one (301) days after receipt year warranty with respect to the mechanical systems in the Demised Premises. The one (1) year warranty period shall run from the Commencement Date, During the warranty period, Landlord shall be responsible to perform all maintenance, repair and replacement in and to the mechanical systems in the Demised Premises unless and to the extent caused by the act, omission or negligence of an invoice therefor)Tenant, its agents, representatives, employees, contractors or invitees, in which case Tenant shall be responsible for such maintenance, repair or replacement. Tenant shall notify Landlord immediately upon learning of any required repair in and to the mechanical systems in the Demised Premises during the warranty period.
Appears in 1 contract
Repairs and Maintenance. 18.1 Landlord shall repair and maintain Notwithstanding anything contained in the structural and exterior portions and Common Area of the Building and the Project, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing up Initial Lease to the point contrary (including, without limitation, the terms of entry SECTION 11), with respect to the Building (for purposes of clarityany Additional Termination Area, all plumbing from the point of entry to the Premises and extending into and through the Premises, including plumbing fixtures and plumbing lines, shall be Tenant’s obligation to maintain and repair pursuant to Section 18.2 below); fire sprinkler systems (if any); elevators; and base Building electrical systems installed or furnished by Landlord. Tenant hereby waives any and all rights under and benefits of Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect, and Tenant waives the right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code, and under all other similar laws, statutes or ordinances now or hereafter in effect.
18.2 Except for services of Landlord, if any, required by Section 18.1, Tenant shall, at Tenant’s sole cost and expense and at all times from and after the date upon which sooner to occur of (i) the surrender of such space by Tenant to Landlord delivers possession of as a Relinquished Area in the Premises condition required by the Initial Lease (as amended hereby); (ii) the applicable Early Expiration Date; and (iii) the Revised Expiration Date, Landlord shall, at Landlord's sole cost, be obligated to Tenant for the purpose of commencing the Tenant Improvements, maintainkeep, repair and maintain (and provide all repairs and replacements necessary to keep and maintain) the Premises applicable Additional Termination Area in good order and repair, except to the extent of any damage thereto resulting directly from the actions of Tenant or any Tenant Party which shall be repaired or restored by Tenant (including but not limited at Tenant's cost) to the extent Tenant is responsible for such damage under the Initial Lease. As to any Additional Termination Area, Tenant shall remain obligated to (i) maintain the HVAC systems exclusively serving insurance contemplated by the Premises, including the portion of the HVAC system that includes the first damper or isolation valve and extends into and through the Premises, any supplemental HVAC serving the Premises, and any other systems or equipment exclusively serving the Premises Initial Lease; and (ii) all plumbing serving the Premises from the point of entry to the Premises repair and extending into and through the Premises, including plumbing fixtures and plumbing lines) and every part thereof maintain such Additional Termination Area in good condition and repair, damage thereto from ordinary wear and tear excepted, and accordance with the Tenant Improvements in substantially Initial Lease until the same condition sooner to occur of (x) the surrender of such space as existed on a Relinquished Area; (y) the Term Commencement applicable Early Expiration Date, ; and shall, within ten (10z) days after receipt of written notice from Landlord, provide to Landlord any maintenance, repair or replacement records that Landlord reasonably requests. Tenant shall, upon the expiration Revised Expiration Date (or sooner termination of the Term, surrender the Premises to Landlord Initial lease as amended hereby). Notwithstanding anything contained in as good a condition as when received, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises (but with respect to wiring, only this SECTION 10 or in any other provision of this Amendment to the extent installed by or on behalf of a Tenant Party)contrary, and repair any damage to the Premises caused thereby. Except as expressly set forth in Section 18.1 above, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than Landlord’s obligation to make available to Tenant the TI Allowance in accordance with this Lease.
18.3 Without limiting the provisions of Section 16.2, Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice 14(f) of the need of such repairs or maintenance. Tenant waives its rights under Applicable Laws now or hereafter Initial Lease remains unmodified and in effect to make repairs at Landlord’s expensefull force and effect.
18.4 Subject to the provisions of Section 14.4, if any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, then Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Subject to the provisions of Article 9, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing, to the extent that the cost of such repairs and maintenance arising from Tenant’s acts, neglect, fault or omissions (but not gross negligence or willful misconduct) exceeds the limits of any insurance maintained or required to be maintained by Tenant pursuant to this Lease but are covered by insurance maintained or required to be maintained by Landlord under this Lease, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice therefor (or, if Landlord has not obtained or maintained the insurance it is required to obtain and maintain pursuant to this Lease, Landlord shall pay such excess, other than what the deductible would have been had Landlord obtained and maintained the requisite insurance, which Tenant shall pay to Landlord within thirty (30) days after receipt of an invoice therefor).
Appears in 1 contract
Samples: Lease Agreement (Brightpoint Inc)
Repairs and Maintenance. 18.1 Landlord shall repair and maintain the structural and exterior portions and Common Area of the Building and the Project, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing up to the point of entry to the Building (for purposes of clarity, all plumbing from the point of entry to the Premises and extending into and through the Premises, including plumbing fixtures and plumbing lines, shall be Tenant’s obligation to maintain and repair pursuant to Section 18.2 below); fire sprinkler systems (if any); elevators; and base Building electrical systems installed or furnished by Landlord. Tenant hereby waives any and all rights under and benefits of Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect, and Tenant waives the right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code, and under all other similar laws, statutes or ordinances now or hereafter in effect.
18.2 Except for services of Landlord, if any, required by Section 18.1, Tenant shall, at Tenant’s sole cost and expense and at all times from and after the date upon which Landlord delivers possession of the Premises to Tenant for the purpose of commencing the Tenant Improvements, maintain, repair and keep the Premises (including but not limited to (i) the HVAC systems exclusively serving the Premises, including the portion of the HVAC system that includes the first damper or isolation valve and extends into and through the Premises, any supplemental HVAC serving the Premises, and any other systems or equipment exclusively serving the Premises and (ii) all plumbing serving the Premises from the point of entry to the Premises and extending into and through the Premises, including plumbing fixtures and plumbing lines) and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted, and with the Tenant Improvements in substantially the same condition as existed on the Term Commencement Date, and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance, repair or replacement records that Landlord reasonably requests17.01. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises (but with respect to wiring, only to the extent installed by or on behalf of a Tenant Party), and repair any damage to the Premises caused thereby. Except as expressly set forth in Section 18.1 above, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than Landlord’s obligation to make available to Tenant the TI Allowance in accordance with this Lease.
18.3 Without limiting the provisions of Section 16.2, Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense.
18.4 Subject subject to the provisions of Section 14.417.02 hereof, if throughout the Term, take good care of the Demised Premises, the fixtures and appurtenances therein, and shall not do, suffer, or permit any excavation waste with respect thereto. Tenant shall keep and maintain the Demised Premises including without limitation all building equipment, windows, doors, loading bay doors and shelters, plumbing and electrical systems, heating, ventilating and air conditioning (“HVAC”) systems (whether located in the interior of the Demised Premises or on the exterior of the Building) in a clean and orderly condition. Tenant shall keep and maintain in a clean and orderly condition all HVAC systems and any other mechanical or other systems exclusively serving the Demised Premises which are located in whole or in part outside of the Demised Premises. Tenant shall keep and maintain the roof above the Demised Premises and all exterior components of any windows, doors, loading bay doors and shelters serving the Demised Premises in a clean and orderly condition. The phrase “keep and maintain” as used herein includes repairs, replacement and/or restoration as appropriate. Tenant shall not permit or suffer any over-loading of the floors of the Demised Premises. Tenant shall be made upon land adjacent responsible for all repairs, interior and exterior, structural and nonstructural, ordinary and extraordinary, in and to the Demised Premises, and the Building (including the facilities and systems thereof) and the Common Areas the need for which arises out of (a) the performance or under existence of the Tenant’s Work or alterations, (b) the installation, use or operation of the Tenant’s Property in the Demised Premises, (c) the moving of the Tenant’s Property in or out of the Building, or shall be authorized to be made(d) the act, then omission, misuse or neglect of Tenant or any of its subtenants or its or their employees, agents, contractors or invitees. Upon request by Landlord, Tenant shall afford to the person causing or authorized to cause such excavationfurnish Landlord with true and complete copies of maintenance contracts and with copies of all invoices for work performed, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting confirming Tenant’s compliance with its obligations under this Lease.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event Tenant fails to furnish such copies, Landlord shall have the right, at Tenant’s cost and expense, to conduct such inspections or surveys as may be required to determine whether or not Tenant is in compliance with this Article and to have any work required of eminent domainTenant performed at Tenant’s cost and expense. Tenant shall promptly replace all scratched, Article 25 damaged or broken doors and glass in and about the Demised Premises and shall apply be responsible for all repairs, maintenance and replacement of wall and floor coverings in lieu the Demised Premises and for the repair and maintenance of this Article.
18.6 Subject all sanitary and electrical fixtures and equipment therein. The Tenant shall also arrange for its own cleaning services and rubbish removal, subject to the provisions right of Article 9Landlord, costs incurred by Landlord pursuant at Landlord’s option to this Article shall constitute Operating Expenses. Notwithstanding the foregoing, to the extent that perform such services and include the cost of such services in Operating Expenses. Tenant shall promptly make all repairs in or to the Demised Premises for which Tenant is responsible, and maintenance arising from Tenant’s acts, neglect, fault or omissions (but not gross negligence or willful misconduct) exceeds the limits of any insurance maintained or repairs required to be maintained made by Tenant pursuant to this Lease but are covered the mechanical, electrical, sanitary, heating, ventilating, air-conditioning or other systems of the Building shall be performed only by insurance maintained or required to be maintained contractor(s) approved in writing by Landlord under this Lease, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice therefor (or, if Landlord has not obtained or maintained the insurance it is required to obtain and maintain pursuant to this Lease, Landlord shall pay such excess, other than what the deductible would have been had Landlord obtained and maintained the requisite insurance, which Tenant shall pay to Landlord within thirty (30) days after receipt of an invoice therefor).
Appears in 1 contract
Samples: Lease Agreement (Vs Direct Inc.)
Repairs and Maintenance. 18.1 Tenant shall keep the Premises in good order, condition and repair. Tenant shall give Landlord prompt notice of any damage to or defective condition in the Premises. Except as provided in Sections 1, 6, 7, 8 and 14 of this Attachment 1, Tenant shall be responsible for all repairs, replacements and alterations in and to the Premises. Landlord shall repair repair, replace and maintain the structural and exterior those portions and Common Area of the Building and the Project, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing up to the point which do not constitute a part of entry to the Building (for purposes of clarity, all plumbing from the point of entry to the Premises and extending into are not leased to others (except as provided in Section 11 of this Attachment 1), and through all Building systems (including those portions thereof that may be located within the Premises, including plumbing fixtures including, without limitation, all HVAC, electrical, mechanical and plumbing linessystems) in compliance with all applicable laws and according to those standards from time to time prevailing for first-class (class “A”) office buildings of similar age, quality and type in the area in which the Building is located. All repairs, replacements and maintenance shall be performed with reasonable promptness and in a good and workmanlike manner. If any condition obligated to be repaired by Landlord, or the repair itself, causes an interruption of Tenant’s obligation to maintain and repair pursuant to Section 18.2 below); fire sprinkler systems (if any); elevators; and base Building electrical systems installed or furnished by Landlord. Tenant hereby waives any and all rights under and benefits use of Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect, and Tenant waives the right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code, and under all other similar laws, statutes or ordinances now or hereafter in effect.
18.2 Except for services of Landlord, if any, required by Section 18.1, Tenant shall, at Tenant’s sole cost and expense and at all times from and after the date upon which Landlord delivers possession of the Premises to Tenant for the purpose of commencing the Tenant Improvements, maintain, repair and keep the Premises (including but not limited to (i) the HVAC systems exclusively serving the Premises, including or any portion thereof, for a period in excess of three (3) business days after notice from Tenant to Landlord that a default by Landlord exists under this Lease for a failure to repair and that the Premises are unusable (the “Repair Notice”), then commencing upon the expiration of such three (3) business day period, Tenant’s Rent will equitably xxxxx in proportion to the portion of the HVAC system that includes the first damper Premises so rendered unusable for so long as all or isolation valve and extends into and through the Premises, any supplemental HVAC serving the Premises, and any other systems or equipment exclusively serving portion of the Premises and (ii) remains unusable. If any condition obligated to be repaired by Landlord, or the repair itself, renders all plumbing serving or any portion of the Premises from the point unusable for a period in excess of entry to the Premises and extending into and through the Premises, including plumbing fixtures and plumbing lines) and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted, and with the Tenant Improvements in substantially the same condition as existed on the Term Commencement Date, and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance, repair or replacement records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises (but with respect to wiring, only to the extent installed by or on behalf of a Tenant Party), and repair any damage to the Premises caused thereby. Except as expressly set forth in Section 18.1 above, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than Landlord’s obligation to make available to Tenant the TI Allowance in accordance with this Lease.
18.3 Without limiting the provisions of Section 16.2, Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense.
18.4 Subject to the provisions of Section 14.4, if any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, then Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Subject to the provisions of Article 9, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing, to the extent that the cost of such repairs and maintenance arising from Tenant’s acts, neglect, fault or omissions (but not gross negligence or willful misconduct) exceeds the limits of any insurance maintained or required to be maintained by Tenant pursuant to this Lease but are covered by insurance maintained or required to be maintained by Landlord under this Lease, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt the Repair Notice, then commencing upon the expiration of an invoice therefor such thirty (or30) day period, Tenant will have the right to terminate this Lease by delivering written notice of the termination to Landlord for so long as all or any portion of the Premises remains unusable; provided, however, if such repair cannot be completed within such thirty (30) day period and Landlord has not obtained or maintained diligently pursues the insurance it is required to obtain and maintain pursuant to this Leasecompletion thereof, Landlord shall pay such excess, other than what the deductible would have been had Landlord obtained and maintained the requisite insurance, which Tenant shall pay to Landlord within an additional thirty (30) days after receipt of an invoice therefor)to complete such repair before Tenant shall have such right to terminate this Lease.
Appears in 1 contract
Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)
Repairs and Maintenance. 18.1 13.01. Landlord shall repair operate, maintain and maintain the make all necessary repairs (both structural and exterior portions and Common Area nonstructural) to the part of the Building and the Project, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing up to the point of entry to the Building (for purposes of clarity, all plumbing from the point of entry Systems which provide service to the Premises and extending into and through (but not to the distribution portions of such Building Systems located within the Premises) and, including plumbing fixtures and plumbing lines, except where the same shall be Tenant’s obligation responsibility hereunder, the structural portions of the Building, both exterior and interior, in conformance with standards applicable to non-institutional first-class office buildings in Manhattan. Tenant shall, at its expense, throughout the term of this lease, take good care of and maintain in good order and repair condition the Premises and the fixtures and improvements therein including, without limitation, the property which is deemed Landlord’s pursuant to Section 18.2 below)12.01 hereof and Tenant’s Property; fire sprinkler systems provided, however, Tenant shall not be responsible to make any repairs which (if any); elevators; i) are Landlord’s express obligation hereunder or (ii) from which Tenant has been expressly excused hereunder. Tenant shall be responsible for all non-structural repairs, interior and base exterior, ordinary and extraordinary, foreseen or unforeseen, in and to the Premises, except for reasonable wear and tear, obsolescence and damage for which Tenant is not responsible pursuant to the provisions of Article 19 hereof. Notwithstanding the foregoing, Tenant 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, the Building electrical systems installed facilities and the Building Systems, the need for which arises out of (a) the performance or furnished existence of Alterations, (b) the installation, use or operation of property in the demised premises (c) the moving by or on behalf of Tenant of any property, including, without limitation, Tenant’s Property in or out of the Building, (d) the act, omission, misuse or neglect of Tenant or any of its subtenants (other than Landlord) or its or their employees, agents, contractors or invitees or (e) notwithstanding the foregoing, 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 hereby waives Except where replacement is required as a result of any and all rights under and benefits of Sections 1941 and 1942 of the California Civil Code negligent act or under any similar law, statute, or ordinance now or hereafter in effect, and Tenant waives the right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code, and under all other similar laws, statutes or ordinances now or hereafter in effect.
18.2 Except for services omission of Landlord, its employees, agents or contractors, Tenant, at its expense, shall promptly replace all scratched, damaged or broken doors and glass (and the solar film, if any, required by Section 18.1attached to the window glass) in and about the Premises, Tenant shallincluding, at Tenant’s sole cost without limitation, entrance doors and expense shall be responsible for all repairs, maintenance and at replacement of wall and floor coverings in the Premises and for all times from the repairs, maintenance and after the date upon which Landlord delivers possession replacement of all horizontal portions of the Premises to Tenant for Building Systems and facilities of the purpose of commencing the Tenant Improvements, maintain, repair and keep the Premises (including but not limited to (i) the HVAC systems Building within or exclusively serving the Premises, including without limitation the sanitary and electrical fixtures and equipment therein but specifically excluding perimeter heating systems. All repairs in or to the Premises for which Tenant is responsible shall be promptly performed by Tenant as promptly as reasonably practicable, 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, the Building facilities and Building Systems for which Tenant is responsible shall be performed by Landlord at Tenants expense; but Landlord may, at its option, before commencing any such work or at any time thereafter, require Tenant to furnish to Landlord such security, in form and amount as Landlord shall deem necessary to assure the payment for such work by Tenant. The exterior walls of the Building, the portions of any window xxxxx outside the windows, and the windows are not part of the premises demised by this lease and Landlord reserves all rights to such parts of the Building.
13.02. Upon becoming aware of the same, Tenant shall give Landlord prompt notice of any defective condition in any Building Systems or electrical lines located in, servicing or passing through the Premises. Following such notice, Landlord shall remedy the conditions, but at the expense of Tenant to the extent Tenant is responsible for same under the provisions of this Article 13.
13.03. Except as otherwise expressly provided in this lease, Landlord shall have no liability to Tenant, nor shall Tenant’s covenants and obligations under this lease be reduced or abated in any manner whatsoever, by reason of any inconvenience, annoyance, interruption or injury arising from Landlord’s making any repairs or changes which Landlord is required or permitted by this lease, or required by law, to make in or to the fixtures, equipment or appurtenances of the Building or the Premises. Notwithstanding any language to the contrary continued in this Section 13.03, if by reason of the making of such repairs or changes by Landlord, (x) the Premises or any portion thereof in excess of 2,000 rentable square feet are rendered untenantable for seven (7) consecutive Business Days or (y) any portion of the Premises which is 2,000 rentable square feet or less are rendered untenantable for more than ten (10) consecutive Business Days, and Tenant shall actually vacate such portion of the Premises and notify Landlord that it has so vacated the Premises, then all Fixed Rent and Additional Charges reserved herein shall xxxxx after the seventh (7th) or tenth (10th) Business Day (as the case may be) following the date the Premises, or the applicable portion thereof, shall be rendered untenantable, in proportion to the portion of the HVAC system that includes Premises so affected, until the first damper or isolation valve and extends into and through condition preventing Tenant from so occupying the Premises, any supplemental HVAC serving or such portion of the Premises, as the case may be, shall be remedied.
13.04. Landlord shall use its reasonable efforts to the extent practicable to minimize interference with Tenants use and occupancy of the Premises in making any repairs, alterations, additions or improvements; provided, however, that Landlord shall have no obligation to employ contractors or labor at so-called overtime or other premium pay rates or to incur any other systems overtime costs or equipment exclusively serving expenses whatsoever, except that Landlord, at its expense but subject to recoupment pursuant to Article 3 hereof, shall employ contractors or labor at so-called overtime or other premium pay rates if necessary to make any repair required to be made by it hereunder to remedy any condition that either (i) results in a denial of access to the Premises and Premises, (ii) all plumbing serving threatens the Premises from the point health or safety of entry to the Premises and extending into and through any occupant of the Premises, including plumbing fixtures or (iii) except in the case of a fire or other casualty, materially interferes with Tenant’s ability to conduct its business in the Premises. In all other cases, at Tenant’s request, Landlord shall employ contractors or labor at so-called overtime or other premium pay rates and plumbing lines) and every part thereof incur any other overtime costs or expenses in good condition and repairmaking any repairs, damage thereto from ordinary wear and tear exceptedalterations, additions or improvements, and with the Tenant Improvements in substantially the same condition shall pay to Landlord, as existed on the Term Commencement Date, and shalladditional rent, within ten (10) days Business Days after receipt of written notice from Landlorddemand, provide to Landlord any maintenance, repair or replacement records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises (but with respect to wiring, only an amount equal to the extent installed by difference between the overtime or on behalf of a Tenant Party), and repair any damage to the Premises caused thereby. Except as expressly set forth in Section 18.1 above, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than Landlord’s obligation to make available to Tenant the TI Allowance in accordance with this Lease.
18.3 Without limiting the provisions of Section 16.2, Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense.
18.4 Subject to the provisions of Section 14.4, if any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, then Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building premium pay rates and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Subject to the provisions of Article 9, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing, to the extent that the cost of such repairs and maintenance arising from Tenant’s acts, neglect, fault or omissions (but not gross negligence or willful misconduct) exceeds the limits of any insurance maintained or required to be maintained by Tenant pursuant to this Lease but are covered by insurance maintained or required to be maintained by Landlord under this Lease, then Landlord shall file a claim regular pay rates for such excess pursuant to Landlord’s insurance labor and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice therefor (or, if Landlord has not obtained any other overtime costs or maintained the insurance it is required to obtain and maintain pursuant to this Lease, Landlord shall pay such excess, other than what the deductible would have been had Landlord obtained and maintained the requisite insurance, which Tenant shall pay to Landlord within thirty (30) days after receipt of an invoice therefor)expenses so incurred.
Appears in 1 contract
Repairs and Maintenance. 18.1 Landlord shall repair and maintain the structural and exterior portions and Common Area of the Building and the Project, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing up to the point of entry to the Building (for purposes of clarity, all plumbing from the point of entry to the Premises and extending into and through the Premises, including plumbing fixtures and plumbing lines, shall be Tenant’s obligation to maintain and repair pursuant to Section 18.2 below); fire sprinkler systems (if any); elevators; and base Building electrical systems installed or furnished by Landlord9.1. Tenant hereby waives any and all rights under and benefits of Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect, and Tenant waives the right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code, and under all other similar laws, statutes or ordinances now or hereafter in effect.
18.2 Except for services of Landlord, if any, required by Section 18.1, Tenant shall, at Tenant’s sole cost and expense and at all times from and after the date upon which Landlord delivers possession of the Premises to Tenant for the purpose of commencing the Tenant Improvements, maintain, repair and keep the Premises (including but not limited to (i) the HVAC systems exclusively serving the Premises, including the portion of the HVAC system that includes the first damper or isolation valve and extends into and through the Premises, any supplemental HVAC serving the Premises, and any other systems or equipment exclusively serving the Premises and (ii) all plumbing serving the Premises from the point of entry to the Premises and extending into and through the Premises, including plumbing fixtures and plumbing lines) and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted, and with the Tenant Improvements in substantially the same condition as existed on the Term Commencement Date, and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance, repair or replacement records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises (but with respect to wiring, only to the extent installed by or on behalf of a Tenant Party), and repair any damage to the Premises caused thereby. Except as expressly set forth in Section 18.1 above, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than Landlord’s obligation to make available to Tenant the TI Allowance in accordance with this Lease.
18.3 Without limiting the provisions of Section 16.2, Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense.
18.4 Subject to the provisions of Section 14.412.6(a) Tenant shall, if any excavation 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 made upon land adjacent responsible for all repairs, interior and exterior, structural and non-structural, ordinary and extraordinary, foreseen or unforeseen, in and to or under the Buildingdemised premises, or and shall be authorized to be made, then Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises responsible for the purpose cost of performing such work as such person shall deem necessary all repairs, interior and exterior, structural and non-structural, ordinary and extraordinary, foreseen or desirable to preserve and protect the Building from injury or damage unforeseen, in and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Projectfacilities 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. In Tenant, at its expense, shall promptly replace all scratched, damaged or broken doors and glass (but not the event 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 in or to the demised premises for which Tenant is responsible shall be promptly performed by Tenant in a casualty described manner which will not interfere with the use of the Building by other occupants; provided, however, any repairs in Article 24and 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 walls of the Building, Article 24 shall apply in lieu the portions of any window xxxxx outside the windows, and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building. Notwithstanding the foregoing provisions of this Article. In Section 9.1, Tenant shall not be responsible for repairs to or replacements of any structural elements of the event 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 eminent domain, Article 25 shall apply in lieu the second sentence of this ArticleSection 9.1 or from the negligence or willful misconduct of Tenant, its employees, agents or contractors.
18.6 Subject to 9.2. Tenant shall give Landlord prompt notice of any defective condition in any plumbing, heating, air-conditioning or ventilation system or electrical lines located in, servicing or passing through the demised premises of which it has actual knowledge. Landlord shall remedy the conditions, but at the expense of Tenant if Tenant is responsible for same under the provisions of this Article 9.
9.3. Tenant shall not place a 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 Building.
9.4. Business machines and mechanical equipment used by Tenant which cause vibration, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoingnoise, cold or heat that may be transmitted to the extent that the cost of Building structure or to any leased space to such repairs and maintenance arising from Tenant’s acts, neglect, fault or omissions (but not gross negligence or willful misconduct) exceeds the limits of any insurance maintained or required a degree as to be objectionable to any other tenant in the Building shall be placed and maintained by Tenant pursuant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to this Lease but are covered by insurance maintained absorb and prevent such vibration or required to be maintained by Landlord under noise, or prevent transmission of such cold or heat.
9.5. Except as otherwise expressly provided in this Lease, then there shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from the making of any repairs, alterations, additions or improvements in or to any portion of the Building or the demised premises or in or to fixtures, appurtenances or equipment thereof. Landlord shall file a claim for such excess pursuant exercise reasonable diligence so as to Landlordminimize any interference with Tenant’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice therefor (or, if Landlord has not obtained or maintained the insurance it is required to obtain and maintain pursuant to this Lease, Landlord shall pay such excess, other than what the deductible would have been had Landlord obtained and maintained the requisite insurance, which Tenant shall pay to Landlord within thirty (30) days after receipt of an invoice therefor)business operations.
Appears in 1 contract
Repairs and Maintenance. 18.1 (a) Tenant shall not make or allow to be made any alterations or physical additions in or to the Leased Premises without first obtaining the written consent of Landlord. Any alterations, physical additions or improvements to the Leased Premises made by Tenant shall at once become the property of Landlord and shall repair and maintain be surrendered to Landlord upon the structural and exterior portions and Common Area termination of this Lease. This clause shall not apply to movable equipment or furniture owned by Tenant which may be removed by Tenant at the end of the Building term of this Lease if Tenant is not then in default and the Projectif such equipment and furniture is not then subject to any other rights, including roofing liens and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing up to the point interests of entry to the Building (for purposes of clarity, all plumbing from the point of entry to the Premises and extending into and through the Premises, including plumbing fixtures and plumbing lines, shall be Tenant’s obligation to maintain and repair pursuant to Section 18.2 below); fire sprinkler systems (if any); elevators; and base Building electrical systems installed or furnished by Landlord. Tenant hereby waives any and all rights under and benefits of Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect, and Tenant waives the right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code, and under all other similar laws, statutes or ordinances now or hereafter in effect.
18.2 Except for services of Landlord, if any, required by Section 18.1, Tenant (b) Landlord shall, at Tenant’s sole its own cost and expense expense, maintain all parts of leased building and at keep in good repair and condition (including all times from necessary improvements, whether interior or exterior, structural or non-structural, ordinary and after foreseen or unforeseen, or arising by reason of a condition existing prior to the date upon which Landlord delivers possession commencement of the Premises term of this Lease. Tenant shall take good care of all the property and its fixtures.
(c) Tenant shall not allow any damage to Tenant for the purpose of commencing the Tenant Improvements, maintain, repair and keep the Premises (including but not limited to (i) the HVAC systems exclusively serving the Premises, including the be committed on any portion of the HVAC system that includes the first damper or isolation valve and extends into and through the Premises, any supplemental HVAC serving the Leased Premises, and any other systems or equipment exclusively serving at the Premises and (ii) all plumbing serving the Premises from the point of entry to the Premises and extending into and through the Premises, including plumbing fixtures and plumbing lines) and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted, and with the Tenant Improvements in substantially the same condition as existed on the Term Commencement Date, and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance, repair or replacement records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of this Lease except for involuntary termination because of condemnation or casualty as set forth in Sections 8 and 10 below, by lapse of time or otherwise, Tenant shall deliver the Term, surrender the Leased Premises to Landlord in as good a condition as when receivedexisted at the commencement date of this Lease, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole . The cost and expenseexpense of any repairs necessary to restore the condition of the Leased Premises shall be borne by Tenant, remove all telephone and data systemsif Landlord undertakes to restore the Leased Premises it shall have a right of reimbursement against Tenant, wiring and equipment together with interest from the Premises (but with respect to wiring, only to date of any such expenditures by Landlord until paid at the extent installed by or on behalf of a Tenant Party), and repair any damage to the Premises caused thereby. Except as expressly set forth in Section 18.1 above, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than Landlord’s obligation to make available to Tenant the TI Allowance in accordance with this Lease.
18.3 Without limiting the provisions of Section 16.2, Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice rate of the need lesser of such repairs (i) eighteen percent ( 18%) per annum or maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense.
18.4 Subject to (ii) the provisions maximum rate of Section 14.4, if any excavation shall be made upon land adjacent to or interest allowable under the Building, or shall be authorized to be made, then Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation laws of the Building and the Project. In the event State 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 ArticleTennessee at such time.
18.6 Subject to the provisions of Article 9, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing, to the extent that the cost of such repairs and maintenance arising from Tenant’s acts, neglect, fault or omissions (but not gross negligence or willful misconduct) exceeds the limits of any insurance maintained or required to be maintained by Tenant pursuant to this Lease but are covered by insurance maintained or required to be maintained by Landlord under this Lease, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice therefor (or, if Landlord has not obtained or maintained the insurance it is required to obtain and maintain pursuant to this Lease, Landlord shall pay such excess, other than what the deductible would have been had Landlord obtained and maintained the requisite insurance, which Tenant shall pay to Landlord within thirty (30) days after receipt of an invoice therefor).
Appears in 1 contract
Samples: Lease Agreement (Liquid Spins, Inc.)
Repairs and Maintenance. 18.1 Landlord shall repair and maintain the structural and exterior portions and Common Area of the Building and the Project, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing up to the point of entry to the Building (for purposes of clarity, all plumbing from the point of entry to the Premises and extending into and through the Premises, including plumbing fixtures and plumbing lines, shall be Tenant’s obligation to maintain and repair pursuant to Section 18.2 below); fire sprinkler systems (if any); elevators; and base Building electrical systems installed or furnished by Landlord13.01. Tenant hereby waives any and all rights under and benefits of Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect, and Tenant waives the right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code, and under all other similar laws, statutes or ordinances now or hereafter in effect.
18.2 Except for services of Landlord, if any, required by Section 18.1, Tenant shall, at Tenant’s sole cost its expense, throughout the Term, take good care of and expense maintain in good order and at all times from and after the date upon which Landlord delivers possession of the Premises to Tenant for the purpose of commencing the Tenant Improvements, maintain, repair and keep the Premises (including but not limited to (i) the HVAC systems exclusively serving the Premises, including the portion of the HVAC system that includes the first damper or isolation valve and extends into and through the Premises, any supplemental HVAC serving the Premises, and any other systems or equipment exclusively serving condition the Premises and (ii) all plumbing serving the Premises from the point of entry to the Premises and extending into and through the Premises, including plumbing fixtures and plumbing lines) and every part thereof in good condition and repairimprovements therein including, damage thereto from ordinary wear and tear exceptedwithout limitation, and with the Tenant Improvements in substantially the same condition as existed on the Term Commencement Date, and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance, repair or replacement records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted; and shall, at property which is deemed Landlord’s request pursuant to Section 12.01 and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises (but with respect to wiring, only to the extent installed by or on behalf of a Tenant Party), and repair any damage to the Premises caused therebyProperty except as otherwise expressly provided in this Section 13.01. Except as expressly set forth in Section 18.1 above, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than Landlord’s obligation to make available to Tenant the TI Allowance in accordance with this Lease.
18.3 Without limiting the provisions of Section 16.2, Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense.
18.4 Subject to the provisions of Section 14.4, if any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, then Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Subject to the provisions of Article 919 relating to damage or destruction and Article 20 hereof relating to condemnation, Tenant shall be responsible for all repairs, interior and exterior, structural and non-structural, ordinary and extraordinary, foreseen or unforeseen, in and to the Premises (expressly excluding any items of repair and maintenance (i) for which Landlord is responsible in accordance with the express provisions of this lease or (ii) subject to Section 9.04, arising from Landlord’s negligence or willful misconduct), 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 which arises out of (a) the performance or existence of Tenant’s Alterations, (b) the installation, use or operation of the property which is deemed Landlord’s, pursuant to Sections 12.01 and 12.02 and Tenant’s Property, (c) the moving of the property which is deemed Landlord’s pursuant to Sections 12.01 and 12.02 and Tenant’s Property in or out of the Building, (d) except to the extent covered by insurance required to be carried by Landlord pursuant to Article 9 hereof, the act, omission (where an affirmative duty to act exists), misuse or 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, shall be responsible for all repairs, maintenance and replacement of wall and floor coverings and doors in and to the Premises and for all the repair, maintenance and replacement of all the systems and facilities of the Building that exclusively serve the Premises; it being understood and agreed that in no event shall Tenant be responsible for the HVAC system [other than any supplemental air-conditioning system that exclusively serves the Premises]), core electrical closets and core Class-E devices and sprinkler and plumbing systems, for which the repair, maintenance and replacement thereof shall be Landlord’s responsibility; provided, that, subject to Section 9.04, Landlord may charge Tenant the reasonable actual out-of-pocket costs incurred by Landlord in repairing same if such repairs were necessitated by the act, omission (where an affirmative duty to act exists), misuse or neglect of Tenant or any of its subtenants or its or their employees, agents, contractors or invitees. All repairs in or to the Premises for which Tenant is responsible shall be promptly performed by Tenant in a manner which will not interfere (except to a de minimis extent) with the use of the Building by other occupants; provided, however, any repairs in and to the Building (outside of the Premises) and the facilities and systems of the Building for which Tenant is responsible shall be performed by Landlord at Tenant’s expense, which expense shall be commercially reasonable. The exterior walls of the Building, the portions of any window xxxxx outside the windows, and the windows are not part of the Premises and Landlord reserves all rights to such parts of the Building, and Landlord shall keep such portions of the Building in good first-class condition and repair consistent with Comparable Buildings of comparable age (except to the extent, if any, that Tenant is responsible for any such repairs pursuant to any express provision of this Article shall constitute Operating Expenseslease). Notwithstanding the foregoing provisions of this Section 13.01, Tenant shall not be responsible for repairs to or replacements of any structural elements of the Building or to the Building systems or facilities serving the Premises (i.e., excluding any such Building systems or facilities that exclusively serve the Premises), except to the extent the need for such repairs or replacements arises from the matters set forth in clauses (a), (b), (c), (d) or (e) of the second sentence of this Section 13.01 or from the negligence or willful misconduct of Tenant, its employees, agents or contractors; provided, however, that Tenant’s obligation to pay for any such repairs shall be subject to the provisions of Section 9.04 if and to the extent that the provisions of said Section 9.04 are applicable to the repair in question and the cost of such repair is covered by insurance required to be maintained by Landlord.
13.02. Tenant shall give Landlord reasonably prompt notice of any defective condition in any plumbing, heating, air-conditioning or ventilation system or electrical lines located in, servicing or passing through the Premises of which it has actual knowledge. Following such notice (or following such earlier time as Landlord obtains actual knowledge of any such defective condition), Landlord shall remedy the conditions, but at the reasonable expense of Tenant if Tenant is responsible for same under the provisions of this Article 13. Tenant shall have the right, at its sole cost and expense, but subject to the provisions of Article 11 (if and to the extent applicable), to repair Tenant’s supplemental HVAC system.
13.03. Except as otherwise expressly provided in this lease (including, without limitation, Section 35.04), Landlord shall have no liability to Tenant, nor shall Tenant’s covenants and obligations under this lease be reduced or abated in any manner whatsoever, by reason of any inconvenience, annoyance, interruption or injury arising from Landlord’s making any repairs, alterations, additions, improvements or changes which Landlord is required or permitted by this lease, or required by law, to make in or to the fixtures, equipment or appurtenances of the Building or the Premises; provided, however, that Landlord shall use commercially reasonable efforts to make such repairs and changes at such times and in such manner as to minimize interference with the conduct of Tenant’s business in the Premises, provided that Landlord not shall be required to perform any such work on an overtime or premium-pay basis (except in the case of an emergency) unless Tenant requests same and reimburses Landlord for the actual, incremental, reasonable, out-of-pocket costs in connection therewith or if Landlord is otherwise required to so pursuant to Section 13.04.
13.04. Landlord shall, at its sole cost and expense, but subject to the provisions of this lease (including, without limitation, Article 3), keep, maintain, repair and replace the public portions, common areas and structural elements of the Building and, except to the extent covered by insurance required to be carried by Tenant pursuant to Article 9, any damage to the Premises resulting from Landlord’s negligence or willful misconduct. Without limiting the foregoing, Landlord shall keep, maintain and repair the public portions, common areas and structural elements and the facade of the Building and the Building systems and facilities, to the extent that such systems and facilities affect the cost Premises, in good working order, and Landlord shall operate the Building (including, without, limitation the common areas and the Building systems and facilities), in a manner consistent with the operation of a first-class, multi-tenant office building in accordance with standards then prevailing in Comparable Buildings of comparable age and otherwise in adherence with the maintenance schedule attached hereto as Schedule 4 (such schedule is herein called the “Maintenance Schedule”). All repairs and maintenance arising from Tenant’s acts, neglect, fault in or omissions (but not gross negligence to the Premises or willful misconduct) exceeds the limits of any insurance maintained or required to be maintained by Tenant Building for which Landlord is responsible pursuant to this Lease but are covered by insurance maintained or required to lease shall be maintained by Landlord under this Lease, then promptly performed in accordance with the proviso of Section 13.03. Landlord shall file a claim for such excess pursuant endeavor to Landlord’s insurance and give Tenant shall reimburse Landlord for the deductible therefor within not less than thirty (30) days after receipt of days’ prior notice (or such maximum prior notice as may be reasonable under the circumstance but in no event less than one (1) Business Day prior notice, except in an invoice therefor (oremergency, in which case Landlord shall give such advance notice, if any, as is reasonable under the circumstances) of any work which Landlord has not obtained proposes to perform in or maintained about the insurance it is required Building which would result in the stoppage, interruption or reduction of services to obtain the Premises (except for de minimis stoppages, interruptions or reductions during times other than Regular Building Service Hours) or otherwise reasonably be expected to have an adverse affect on Tenant’s use and maintain pursuant enjoyment of the Premises. Notwithstanding any provision of Section 13.03 or this Section 13.04 to this Leasethe contrary, Landlord shall pay be required to perform all maintenance, repairs, and replacements as referred to in this Section 13.04 during non-Regular Building Service Hours if the nature of any such excessmaintenance, other than what repair or replacement is such as to customarily be performed by landlords in Comparable Buildings during non-Regular Building Service Hours.
13.05. Notwithstanding anything to the deductible would have been had Landlord obtained contrary contained in this Article 13, in the case of any conflict or inconsistency between the terms and maintained conditions contained in this Article 13 and Article 46, the requisite insurance, which Tenant provisions of Article 46 shall pay to Landlord within thirty (30) days after receipt of an invoice therefor)control.
Appears in 1 contract
Samples: Lease (Citigroup Inc)
Repairs and Maintenance. 18.1 Landlord shall repair 8.4.1. Tenant, throughout the Term, shall, at its expense, make all needed repairs to Tenant’s Improvements and maintain Tenant’s Property, the structural and exterior portions and Common Area of the Building and the Project, including roofing and covering materials; foundations Supplemental HVAC Unit (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing up to the point extent Tenant elects to use same). Tenant shall also be responsible for the cost of entry repairs made by Landlord to the Building (for purposes of clarity, all plumbing from the point of entry to the Premises and extending into and through the Premises, including plumbing fixtures and plumbing lines, shall be Tenant’s obligation to maintain and repair pursuant to Section 18.2 below); fire sprinkler systems (if any); elevators; and base Building electrical systems installed or furnished by Landlord. Tenant hereby waives any and all rights under and benefits of Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect, and Tenant waives the right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code, and under all other similar laws, statutes or ordinances now or hereafter in effect.
18.2 Except for services of Landlord, if any, required by Section 18.1, Tenant shall, at Tenant’s sole cost and expense and at all times from and after the date upon which Landlord delivers possession of the Premises to Tenant for the purpose of commencing the Tenant Improvements, maintain, repair and keep the Premises (including but not limited to the Premises) to the extent that the need for the same arises out of (i) the HVAC systems exclusively serving the PremisesTenant’s performance of Alterations, including the portion of the HVAC system that includes the first damper or isolation valve and extends into and through the Premises, any supplemental HVAC serving the Premises, and any other systems or equipment exclusively serving the Premises and (ii) all plumbing serving the Premises from the point operation, use or presence of entry to the Premises and extending into and through the Premises, including plumbing fixtures and plumbing lines) and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted, and with the Tenant Improvements in substantially the same condition as existed on the Term Commencement Date, and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance, repair or replacement records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises (but with respect to wiring, only to the extent installed by or on behalf of a Tenant Party), and repair any damage to the Premises caused thereby. Except as expressly set forth in Section 18.1 above, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than Landlord’s obligation to make available to Tenant the TI Allowance in accordance with this Lease.
18.3 Without limiting the provisions of Section 16.2, Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense.
18.4 Subject to the provisions of Section 14.4, if any excavation shall be made upon land adjacent to or under the BuildingImprovements, or shall be authorized to be madethe installation, then Tenant shall afford to operation, use or presence of Tenant’s Property, (iii) the person causing moving of any Tenant’s Improvements or authorized to cause such excavationTenant’s Property, license to enter the Premises for the purpose or (iv) any breach of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease, or any negligent or wrongful act or omission by Tenant or any Tenant Party.
18.5 This Article relates to 8.4.2. Landlord, throughout the Term, shall keep and maintain, and make all needed repairs in and maintenance arising in the ordinary course of operation of to, the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Subject to the provisions of Article 9, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing, Premises to the extent that the cost need for the same arises out of such repairs and maintenance arising from Tenant’s acts, neglect, fault or omissions (but not gross any negligence or willful misconduct) exceeds the limits misconduct of Landlord or any insurance maintained or required to be maintained Landlord Party. In addition, as requested by Tenant and as Landlord reasonably deems necessary, Landlord shall maintain, repair and replace (i) all damaged or broken fixtures, walls, ceilings, floors and floor coverings within the Premises (unless due to normal wear and/or tear or caused by Tenant), and (ii) all Building Systems located in or serving the Premises (excepting lighting fixtures, lighting, tubes, lamps, bulbs and ballasts), subject to the provisions of Section 4.5 regarding Landlord’s access to the Premises, and excepting any Alterations or Tenant’s Property or Tenant’s Improvements within the Premises, and excluding damage caused by Tenant (other than ordinary wear and tear and damage covered by insurance to the extent of such coverage). Landlord shall undertake reasonable efforts to perform all maintenance, repairs and replacements pursuant to this Lease but are covered by insurance maintained or required to be maintained by Section promptly after Landlord under this Lease, then Landlord shall file a claim learns of the need for such excess pursuant to Landlord’s insurance maintenance, repairs and Tenant shall reimburse Landlord for the deductible therefor within thirty replacements; provided, however, that in cases of “emergency” (30) days after receipt of an invoice therefor (ori.e., circumstances which, if Landlord has not obtained addressed promptly, could result in material damage to persons and property, and/or damage or maintained destruction to or of a structural component or Building System which materially impairs Tenant’s ability to utilize the insurance it is required to obtain and maintain pursuant to this LeasePremises as intended for more than twenty-four (24) consecutive hours), Landlord shall pay perform any maintenance, repairs and replacements as soon as reasonably practicable after it learns of the need for such excessmaintenance, other than what the deductible would have been had Landlord obtained repairs and maintained the requisite insurancereplacements. Such repairs shall be made at Landlord’s expense, which Tenant shall pay to Landlord within thirty (30) days after receipt of an invoice therefor)except as provided in Section 8.4.1 above.
Appears in 1 contract
Samples: Lease Agreement (Teltronics Inc)
Repairs and Maintenance. 18.1 Landlord (a) Tenant shall repair and maintain the structural and exterior portions and Common Area of the Building and the Project, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing up to the point of entry to the Building (for purposes of clarity, all plumbing from the point of entry to the Premises and extending into and through the Premises, including plumbing fixtures and plumbing lines, shall be Tenant’s obligation to maintain and repair pursuant to Section 18.2 below); fire sprinkler systems (if any); elevators; and base Building electrical systems installed or furnished by Landlord. Tenant hereby waives any and all rights under and benefits of Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect, and Tenant waives the right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code, and under all other similar laws, statutes or ordinances now or hereafter in effect.
18.2 Except for services of Landlord, if any, required by Section 18.1, Tenant shall, at Tenant’s sole cost and expense keep and at all times from and after maintain the date upon which Landlord delivers possession of the Demised Premises to Tenant for the purpose of commencing the Tenant Improvements, maintain, repair and keep the Premises (including but not limited to (i) the HVAC systems exclusively serving the Premises, including the portion of the HVAC system that includes the first damper or isolation valve and extends into and through the Premises, any supplemental HVAC serving the Premises, and any other systems or equipment exclusively serving the Premises and (ii) all plumbing serving the Premises from the point of entry to the Premises and extending into and through the Premises, including plumbing fixtures and plumbing lines) and every part thereof in good order, condition and repair, damage making all non-structural, repairs and replacements therein, including, without limitation, all scratched, damaged or broken doors and glass in the lobby area and in and about the Demised Premises. The provisions of this Section 12.01(a) shall not apply to any “Systems” (as hereinafter defined) located within the Demised Premises as described in Section 12.01(c) hereinbelow.
(b) Landlord shall have the right, in its sole and absolute discretion, to elect to perform any and/or all repairs and maintenance as provided in Section 12.01 (a) hereinabove in which event all costs and expenses incurred by Landlord with respect thereto from ordinary wear and tear excepted, and with the shall be paid by Tenant Improvements in substantially the same condition to Landlord as existed on the Term Commencement Date, and shall, an Additional Charge within ten (10) days after receipt Tenant is billed therefor. The performance by Landlord of any portion of the repair and maintenance obligations of Tenant provided for in Section 12.01(a) shall in no way relieve Tenant of its obligation to perform any of its repair and maintenance obligations not performed by Landlord.
(c) Landlord shall perform all new installations, maintenance, repairs and replacements to the mechanical, plumbing, electrical, sanitary, heating, ventilating, air conditioning, sprinkler, fire detection and other systems of the Project (herein collectively called the “Systems”). The costs and expenses incurred by Landlord pursuant to this Section 12.01(c) shall be deemed either (i) Common Area Expenses pursuant to Section 5.01 hereof, or (ii) the sole expense of Tenant in the event that such maintenance, repairs and replacements are required in order for Tenant to receive a certificate of occupancy for the Demised Premises (the completion of which shall in no event excuse the timely performance of any obligation of Tenant under this Lease) or in the event that such work is required as a result of Tenant’s actions or failure to act; which expense shall be considered as an Additional Charge hereunder separate and apart from any other cost or expense due under this Lease, and shall be payable within ten (10) days following written notice demand therefor from Landlord.
(d) Tenant shall immediately notify Landlord of all maintenance, provide repairs and replacements to be performed as required pursuant to Sections 12.01(a), (b) and (c) hereinabove.
(i) In addition, Tenant shall pay to Landlord any maintenanceas an Additional Charge within ten (10) days after Tenant is billed therefor, repair the costs and expenses of all repairs and replacements, in and to the Project (including the Demised Premises) and the facilities and systems thereof, the need for which arises out of (i) the performance or replacement records that Landlord reasonably requests. Tenant shallexistence of Tenant’s Work or Alterations, upon (ii) the expiration installation, use or sooner termination operation of Tenant’s equipment, fixtures and other personal property in the Demised Premises, (iii) the moving of Tenant’s equipment, fixtures and other personal property in or out of the Termbuilding within which the Demised Premises is located, surrender or (iv) the act, omission, misuse, or neglect of Tenant or any of its subtenants, assignees, licensees or its or their employees, agents, contractors, or invitees.
(ii) Tenant shall not overload the electrical wiring serving the Demised Premises to or within the Demised Premises, and provided Landlord in as good a condition as when receivedgives its prior written consent therefor, ordinary wear and tear excepted; and shall, Landlord will install at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, any additional electrical wiring and equipment from the Premises (but which may be required in connection with respect to wiring, only to the extent installed by or on behalf of a Tenant Party), and repair any damage to the Premises caused thereby. Except as expressly set forth in Section 18.1 above, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than Landlord’s obligation to make available to Tenant the TI Allowance in accordance with this Lease.
18.3 Without limiting the provisions of Section 16.2, Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense.
18.4 Subject to the provisions of Section 14.4, if any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, then Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of its business at the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this ArticleDemised Premises.
18.6 Subject to the provisions of Article 9, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing, to the extent that the cost of such repairs and maintenance arising from Tenant’s acts, neglect, fault or omissions (but not gross negligence or willful misconduct) exceeds the limits of any insurance maintained or required to be maintained by Tenant pursuant to this Lease but are covered by insurance maintained or required to be maintained by Landlord under this Lease, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice therefor (or, if Landlord has not obtained or maintained the insurance it is required to obtain and maintain pursuant to this Lease, Landlord shall pay such excess, other than what the deductible would have been had Landlord obtained and maintained the requisite insurance, which Tenant shall pay to Landlord within thirty (30) days after receipt of an invoice therefor).
Appears in 1 contract
Samples: Lease Agreement (Bankrate, Inc.)
Repairs and Maintenance. 18.1 Landlord 12.01 Tenant shall repair (and maintain the structural and exterior portions and Common Area of the Building and the Project, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabsshall require each Subtenant in each Sublease); exterior walls; plumbing up to the point of entry to the Building (for purposes of clarity, all plumbing from the point of entry to the Premises and extending into and through the Premises, including plumbing fixtures and plumbing lines, shall be Tenant’s obligation to maintain and repair pursuant to Section 18.2 below); fire sprinkler systems (if any); elevators; and base Building electrical systems installed or furnished by Landlord. Tenant hereby waives any and all rights under and benefits of Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect, and Tenant waives the right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code, and under all other similar laws, statutes or ordinances now or hereafter in effect.
18.2 Except for services of Landlord, if any, required by Section 18.1, Tenant shall, at Tenant’s sole cost 's expense if Subtenant shall violate such requirement, throughout the term of this lease, to take good care of and expense maintain in good order and at condition the Apartments and the fixtures and improvements therein. Tenant shall be responsible for all times from repairs, interior and after exterior, structural and non-structural, ordinary and extraordinary, foreseen or unforeseen, in and to the date upon Apartments, the need for which Landlord delivers possession arises out of: (a) the failure of Tenant or Subtenant to comply with the Premises to Tenant for the purpose of commencing the Tenant Improvements, maintain, foregoing repair and keep the Premises maintenance obligations; or (including but not limited to b) (i) the HVAC systems exclusively serving performance, installation, removal, or existence of alterations to an Apartment by Tenant, or Subtenant without the PremisesLandlord’s prior consent, including (ii) the portion moving of any Tenant/Subtenant Property in or out of the HVAC Apartments, or (c) any act, omission, misuse or neglect of Tenant, any Subtenants or Subtenant Guests, or their respective employees, agents, contractors, guests, vendors, visitors or invitees, but excluding normal wear and tear.
12.02 Tenant or Subtenant shall give Landlord prompt notice of any defective condition in any plumbing, heating, air-conditioning or ventilation system that includes the first damper or isolation valve and extends into and electrical lines or other mechanical systems located in, servicing or passing through the Premises. Following such notice, Landlord shall endeavor to remedy the conditions, but at the expense of Tenant if Tenant, any supplemental HVAC serving Subtenant or any Subtenant Guest is responsible for same under the Premises, and any other systems or equipment exclusively serving the Premises and (ii) all plumbing serving the Premises from the point provisions of entry to the Premises and extending into and through the Premises, including plumbing fixtures and plumbing lines) and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted, and with the Tenant Improvements in substantially the same condition as existed on the Term Commencement Date, and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance, repair or replacement records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises (but with respect to wiring, only to the extent installed by or on behalf of a Tenant Party), and repair any damage to the Premises caused thereby. this article.
12.03 Except as otherwise expressly set forth provided in Section 18.1 abovethis lease, Landlord shall have no obligation liability to alter, remodel, improve, repair, decorate or paint the Premises Tenant or any part thereofSubtenant, other than nor shall Tenant’s covenants and obligations under this lease be reduced or abated in any manner whatsoever, by reason of any inconvenience, annoyance, interruption or injury arising from Landlord’s obligation to make available to Tenant the TI Allowance in accordance with this Lease.
18.3 Without limiting the provisions of Section 16.2, Landlord shall not be liable for any failure to make making any repairs or changes that Landlord is required or permitted by this lease, or required by law, to perform any maintenance that is Landlord’s obligation pursuant make in or to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice the fixtures, equipment or appurtenances of the need of such repairs or maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expensePremises.
18.4 Subject to the provisions of Section 14.4, if any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, then Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Subject to the provisions of Article 9, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing, to the extent that the cost of such repairs and maintenance arising from Tenant’s acts, neglect, fault or omissions (but not gross negligence or willful misconduct) exceeds the limits of any insurance maintained or required to be maintained by Tenant pursuant to this Lease but are covered by insurance maintained or required to be maintained by Landlord under this Lease, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice therefor (or, if Landlord has not obtained or maintained the insurance it is required to obtain and maintain pursuant to this Lease, Landlord shall pay such excess, other than what the deductible would have been had Landlord obtained and maintained the requisite insurance, which Tenant shall pay to Landlord within thirty (30) days after receipt of an invoice therefor).
Appears in 1 contract
Samples: Lease Agreement
Repairs and Maintenance. 18.1 Landlord (a) Tenant shall repair and maintain the structural and exterior portions and Common Area of the Building and the Project, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing up to the point of entry to the Building (for purposes of clarity, all plumbing from the point of entry to the Premises and extending into and through the Premises, including plumbing fixtures and plumbing lines, shall be Tenant’s obligation to maintain and repair pursuant to Section 18.2 below); fire sprinkler systems (if any); elevators; and base Building electrical systems installed or furnished by Landlord. Tenant hereby waives any and all rights under and benefits of Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect, and Tenant waives the right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code, and under all other similar laws, statutes or ordinances now or hereafter in effect.
18.2 Except for services of Landlord, if any, required by Section 18.1, Tenant shall, at Tenant’s sole cost and expense keep and at all times from and after maintain the date upon which Landlord delivers possession of the Demised Premises to Tenant for the purpose of commencing the Tenant Improvements, maintain, repair and keep the Premises (including but not limited to (i) the HVAC systems exclusively serving the Premises, including the portion of the HVAC system that includes the first damper or isolation valve and extends into and through the Premises, any supplemental HVAC serving the Premises, and any other systems or equipment exclusively serving the Premises and (ii) all plumbing serving the Premises from the point of entry to the Premises and extending into and through the Premises, including plumbing fixtures and plumbing lines) and every part thereof in good order, condition and repair, damage making all non-structural, repairs and replacements therein, including, without limitation, all scratched, damaged or broken doors and glass in the lobby area and in and about the Demised Premises. The provisions of this Section 12.01(a) shall not apply to any “Systems” (as hereinafter defined) located within the Demised Premises as described in Section 12.01(c) hereinbelow.
(b) Landlord shall have the right, in its sole and absolute discretion, to elect to perform any and/or all repairs and maintenance as provided in Section 12.01(a) hereinabove in which event all costs and expenses incurred by Landlord with respect thereto from ordinary wear and tear excepted, and with the shall be paid by Tenant Improvements in substantially the same condition to Landlord as existed on the Term Commencement Date, and shall, an Additional Charge within ten (10) days after receipt Tenant is billed therefor. The performance by Landlord of any portion of the repair and maintenance obligations of Tenant provided for in Section 12.01(a) shall in no way relieve Tenant of its obligation to perform any of its repair and maintenance obligations not performed by Landlord.
(c) Landlord shall perform all new installations, maintenance, repairs and replacements to the mechanical, plumbing, electrical, sanitary, heating, ventilating, air conditioning, sprinkler, fire detection and other systems of the Project (herein collectively called the “Systems”). The costs and expenses incurred by Landlord pursuant to this Section 12.01(c) shall be deemed either (i) Common Area Expenses pursuant to Section 5.01 hereof, or (ii) the sole expense of Tenant in the event that such maintenance, repairs and replacements are required in order for Tenant to receive a certificate of occupancy for the Demised Premises (the completion of which shall in no event excuse the timely performance of any obligation of Tenant under this Lease) or in the event that such work is required as a result of Tenant’s actions or failure to act; which expense shall be considered as an Additional Charge hereunder separate and apart from any other cost or expense due under this Lease, and shall be payable within ten (10) days following written notice demand therefor from Landlord.
(d) Tenant shall immediately notify Landlord of all maintenance, provide repairs and replacements to be performed as required pursuant to Sections 12.01(a), (b) and (c) hereinabove.
(i) In addition, Tenant shall pay to Landlord any maintenanceas an Additional Charge within ten (10) days after Tenant is billed therefor, repair the costs and expenses of all repairs and replacements, in and to the Project (including the Demised Premises) and the facilities and systems thereof, the need for which arises out of (i) the performance or replacement records that Landlord reasonably requests. Tenant shallexistence of Tenant’s Work or Alterations, upon (ii) the expiration installation, use or sooner termination operation of Tenant’s equipment, fixtures and other personal property in the Demised Premises, (iii) the moving of Tenant’s equipment, fixtures and other personal property in or out of the Termbuilding within which the Demised Premises is located, surrender or (iv) the act, omission, misuse, or neglect of Tenant or any of its subtenants, assignees, licensees or its or their employees, agents, contractors, or invitees.
(ii) Tenant shall not overload the electrical wiring serving the Demised Premises to or within the Demised Premises, and provided Landlord in as good a condition as when receivedgives its prior written consent therefor, ordinary wear and tear excepted; and shall, Landlord will install at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, any additional electrical wiring and equipment from the Premises (but which may be required in connection with respect to wiring, only to the extent installed by or on behalf of a Tenant Party), and repair any damage to the Premises caused thereby. Except as expressly set forth in Section 18.1 above, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than Landlord’s obligation to make available to Tenant the TI Allowance in accordance with this Lease.
18.3 Without limiting the provisions of Section 16.2, Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense.
18.4 Subject to the provisions of Section 14.4, if any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, then Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of its business at the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this ArticleDemised Premises.
18.6 Subject to the provisions of Article 9, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing, to the extent that the cost of such repairs and maintenance arising from Tenant’s acts, neglect, fault or omissions (but not gross negligence or willful misconduct) exceeds the limits of any insurance maintained or required to be maintained by Tenant pursuant to this Lease but are covered by insurance maintained or required to be maintained by Landlord under this Lease, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice therefor (or, if Landlord has not obtained or maintained the insurance it is required to obtain and maintain pursuant to this Lease, Landlord shall pay such excess, other than what the deductible would have been had Landlord obtained and maintained the requisite insurance, which Tenant shall pay to Landlord within thirty (30) days after receipt of an invoice therefor).
Appears in 1 contract
Samples: Lease Agreement (Bankrate Inc)
Repairs and Maintenance. 18.1 Landlord shall repair 13.01. Tenant shall, at its expense, throughout the term of this Lease, take good care of and maintain in good order and condition the Premises and the fixtures and improvements therein including, without limitation, the property which is deemed Landlord's pursuant to Section 12.01 hereof and Tenant's Property, except as otherwise expressly provided in the last sentence of this Section 13.01. Notwithstanding the foregoing, Tenant shall not be required to make repairs the need for which arises out of defects in Landlord's Work (unless such defect was caused by Tenant, its employees, agents or contractors). Tenant shall be responsible for all repairs, interior and exterior, structural and exterior portions non-structural, ordinary and Common Area extraordinary, foreseen or unforeseen, in and to the 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 Projectfacilities and systems thereof, including roofing and covering materials; foundations the need for which arises out of (excluding any architectural slabsa) the performance or existence of Alterations, but including any structural slabs); exterior walls; plumbing up to (b) the point installation, use or operation of entry to the Building (for purposes of clarityproperty which is deemed Landlord's, all plumbing from the point of entry to the Premises and extending into and through the Premises, including plumbing fixtures and plumbing lines, shall be Tenant’s obligation to maintain and repair pursuant to Section 18.2 below); fire sprinkler systems Sections 12.01 and 12.02 hereof and Tenant's Property, (if any); elevators; c) the moving of the property which is deemed Landlord's pursuant to Sections 12.01 and base Building electrical systems installed 12.02 hereof and Tenant's Property in or furnished out of the Building, (d) the act, omission, misuse or 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 hereby waives any Tenant, at its expense, shall promptly replace all scratched, damaged or broken doors and all rights under glass (and benefits of Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect, and Tenant waives the right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code, and under all other similar laws, statutes or ordinances now or hereafter in effect.
18.2 Except for services of Landlordsolar film, if any, required by Section 18.1attached to the window glass) in and about the Premises, Tenant shallincluding, at Tenant’s sole cost without limitation, entrance doors and expense shall be responsible for all repairs, maintenance and at replacement of wall and floor coverings in the Premises and for all times from the repair, maintenance and after the date upon which Landlord delivers possession replacement of all horizontal portions of the Premises to Tenant for systems and facilities of the purpose of commencing the Tenant Improvements, maintain, repair and keep the Premises (including but not limited to (i) the HVAC systems Building within or exclusively serving the Premises, including without limitation the portion of the HVAC system that includes the first damper sanitary and electrical fixtures and equipment therein. All repairs in or isolation valve and extends into and through the Premises, any supplemental HVAC serving the Premises, and any other systems or equipment exclusively serving the Premises and (ii) all plumbing serving the Premises from the point of entry to the Premises and extending into and through the Premises, including plumbing fixtures and plumbing lines) and every part thereof for which Tenant is responsible shall be promptly performed by Tenant in good condition and repair, damage thereto from ordinary wear and tear excepted, and a manner which will not interfere with the Tenant Improvements in substantially the same condition as existed on the Term Commencement Date, and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance, repair or replacement records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination use of the TermBuilding by other occupants; provided, surrender the Premises to Landlord in as good a condition as when receivedhowever, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises (but with respect to wiring, only to the extent installed by or on behalf of a Tenant Party), and repair any damage to the Premises caused thereby. Except as expressly set forth in Section 18.1 above, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than Landlord’s obligation to make available to Tenant the TI Allowance in accordance with this Lease.
18.3 Without limiting the provisions of Section 16.2, Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense.
18.4 Subject to the provisions of Section 14.4, if any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, then Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Projectfacilities and systems thereof for which Tenant is responsible shall be performed by Landlord at Tenant's expense which expense shall be commercially reasonable; but Landlord may, at its option, before commencing any such work or at any time thereafter, require Tenant to furnish to Landlord such security, in form and amount as Landlord shall reasonably deem necessary to assure the payment for such work by Tenant. In Notwithstanding anything contained 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 Subject preceding sentence to the provisions of Article 9contrary, costs incurred with respect to any repairs performed by Landlord pursuant to this Article on behalf of the Tenant named herein only, Tenant shall constitute Operating Expenses. Notwithstanding the foregoing, to the extent that the cost of such repairs and maintenance arising from Tenant’s acts, neglect, fault or omissions (but not gross negligence or willful misconduct) exceeds the limits of any insurance maintained or in no event be required to be maintained by Tenant pursuant to this Lease but are covered by insurance maintained or required to be maintained by Landlord under this Lease, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice therefor (or, if Landlord has not obtained or maintained the insurance it is required to obtain and maintain pursuant to this Lease, Landlord shall pay such excess, other than what the deductible would have been had Landlord obtained and maintained the requisite insurance, which Tenant shall pay to Landlord within thirty (30) days after receipt of an invoice therefor).furnish any such
Appears in 1 contract
Samples: Lease (Medsite Com Inc)
Repairs and Maintenance. 18.1 Landlord shall repair and maintain (a) Tenant, throughout the structural and exterior portions and Common Area term of the Building and the Projectthis lease, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing up to the point of entry to the Building (for purposes of clarity, all plumbing from the point of entry to the Premises and extending into and through the Premises, including plumbing fixtures and plumbing lines, shall be Tenant’s obligation to maintain and repair pursuant to Section 18.2 below); fire sprinkler systems (if any); elevators; and base Building electrical systems installed or furnished by Landlord. Tenant hereby waives any and all rights under and benefits of Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect, and Tenant waives the right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code, and under all other similar laws, statutes or ordinances now or hereafter in effect.
18.2 Except for services of Landlord, if any, required by Section 18.1, Tenant shall, at Tenant’s sole cost its expense, take good care of and expense maintain in good order and at condition, and shall be responsible for all times from repairs and after the date upon which Landlord delivers possession of the Premises to Tenant for the purpose of commencing the Tenant Improvementsreplacements (ordinary and extraordinary, maintain, repair foreseen and keep the Premises (including but not limited unforeseen) to (i) the HVAC systems exclusively serving Premises (but not the PremisesBase Building Premises Components, including the portion of the HVAC system that includes the first damper or isolation valve and extends into and through the Premisesexcept as provided below), any supplemental HVAC serving the Premises, and any other systems or equipment exclusively serving the Premises and (ii) all plumbing serving Tenant's Improvements whether within or outside of the Premises. Without limiting the generality of the foregoing, Tenant, at its expense, shall promptly replace all damaged or broken doors (including, without limitation, entrance doors) and all interior glass in and about the Premises. Notwithstanding the foregoing, Tenant shall not be responsible for any repairs or replacements under this Section 13.01(a) to the extent that Landlord is responsible for the same under Section 13.02(b) hereof.
(b) Tenant, in addition, shall be responsible for all repairs and replacements, interior and exterior, structural and non-structural, ordinary and extraordinary, foreseen and unforeseen, in and to (x) the Real Property outside of the Premises from (exclusive of any Tenant Improvements outside of the point Premises) and (y) the Base Building Premises Components (whether within or outside of entry the Premises), in each case, to the extent the need for which arises out of (i) the performance of Alterations, or the installation, use, operation or existence of any Tenant's Improvements or Tenant's Property (provided, however, that Tenant shall not be responsible therefor under this
(c) The maintenance, repairs and replacements for which Tenant is responsible pursuant to the provisions of this Section 13.01 (herein called "TENANT REPAIRS") shall be performed in accordance with the following provisions:
(1) Tenant shall perform all Tenant Repairs for which Tenant is responsible pursuant to Section 13.01(a) above promptly, at its expense, and in a manner which will not interfere (in other than a de minimis manner) with the use of the Building by others. If, and to the extent that, such Tenant Repairs are to Tenant's Improvements located outside the Premises and extending into and through or otherwise require work to be performed outside of the Premises, including plumbing fixtures and plumbing linesthen (i) and every part thereof in good condition and repairsuch work shall be performed only at such time or times as are reasonably designated by Landlord, damage thereto from ordinary wear and tear exceptedand, at Landlord's option, under the supervision of Landlord or its designated representative, (ii) Landlord shall have the right to coordinate such work with any work then being undertaken by Landlord or by any other tenants of the Building, and with the Tenant Improvements in substantially the same condition as existed on the Term Commencement Date, and shall(iii) Tenant, within ten thirty (1030) days after receipt a written demand therefor, shall reimburse Landlord all supervision and coordination costs incurred by Landlord pursuant to clauses (i) or (ii) above (whether incurred to Landlord's employees or outside parties); provided, however, that, in cases of written emergency, Tenant, subject to the rights of other tenants, may perform such work at any time or times (to the extent necessitated by such emergency), so long as Tenant, immediately prior to commencing any such work, shall give Landlord notice from of the emergency and the work to be performed (which notice may be oral and shall be given to the applicable Building Office or, if such Building Office is closed, the Building's security desk).
(2) Landlord, provide at its option, may elect to perform Tenant Repairs for which Tenant is responsible pursuant to Section 13.01(b) above (each, a "TENANT BUILDING REPAIR") at Tenant's expense. If Tenant notifies Landlord of the need for any Tenant Building Repair, then Landlord shall promptly notify Tenant as to whether Landlord elects to perform such Tenant Building Repair, at Tenant's expense, or to have Tenant perform such repair. In all cases, except in cases of emergency (in which cases Landlord need not so notify Tenant), Landlord, prior to commencing any Tenant Building Repair, shall notify Tenant that Landlord has elected to perform the same at Tenant's expense.
(A) To the extent that Landlord elects to perform any Tenant Building Repair at Tenant's expense, (i) Landlord shall perform the same promptly, and the provisions of Section 35.15 shall apply in respect thereof, and (ii) Tenant, within thirty (30) days after a written demand therefor, shall reimburse Landlord all of Landlord's out-of-pocket costs reasonably incurred in connection with such Tenant Building Repair. Tenant, at its own expense, shall have the right to monitor the progress of Tenant Building Repair undertaken by Landlord.
(B) To the extent that Landlord elects to have Tenant perform any Tenant Building Repair, (i) Tenant shall perform the same promptly, at its expense, and in a manner which will not interfere (in other than a de minimis
(a) Except to the extent that Tenant shall be responsible for the same pursuant to the provisions of Section 13.01(a) or (b) above, Landlord, at its expense, shall make repairs and replacements to, and otherwise keep and maintain (in a condition befitting a first-class downtown Manhattan office building), the Base Building, other than those portions of the Base Building which are not Base Building Premises Components and which do not affect, or affect only to a de minimis extent, (i) Tenant's use and occupancy of the Premises, (ii) access to the Premises, (iii) the provision of Building Services to the Premises, and (iv) Tenant's right or ability to perform Alterations which would otherwise be permitted hereunder.
(b) Landlord, in addition, shall be responsible for all repairs and replacements, interior and exterior, structural and non-structural, ordinary and extraordinary, foreseen and unforeseen, in and to the Premises, Tenant's Improvements and Tenant's Property, in each case, to the extent, the need for which arises out of (i) the performance of any work in the Premises by Landlord, or person authorized by Landlord to enter the Premises, or any of their respective employees, agents or contractors (provided, however, that Landlord shall not be responsible therefor under this clause (i) to the extent that the repair or replacement in question would not have been needed but for a violation by Tenant of its obligations under this lease), (ii) the conduct of alterations, additions, improvements or changes in the Building by Landlord or any of its employees, agents or contractors, (iii) any violation by Landlord of this lease, or (iv) the negligence or intentional misconduct of Landlord or any of its employees, agents, contractors or invitees (any such repairs and replacements being herein called "LANDLORD'S ADDITIONAL REPAIRS"). Tenant, at its option, may elect to perform any of Landlord's Additional Repairs at Landlord's expense. If Landlord notifies Tenant of the need for any Landlord's Additional Repairs, then Tenant shall promptly notify Landlord as to whether Tenant elects to perform such Landlord's Additional Repairs, at Landlord's expense, or to have Landlord perform such repair. In all cases, except in cases of emergency (in which cases Tenant need not so notify Tenant), Tenant, prior to commencing any Landlord's Additional Repairs, shall notify Landlord that Tenant has elected to perform the same at Landlord's expense. To the extent that Tenant elects to perform any Tenant Building Repair at Landlord's expense, (x) Tenant shall perform the same in accordance with the provisions of Section 13.01(c)(1), applied mutatis mutandis (except that the same shall be performed at Landlord's expense and the provisions of Section 13.01(c)(iii) shall not so apply), and (y) Landlord, within thirty (30) days after a written demand therefor, shall reimburse Tenant all of Tenant's out-of-pocket costs reasonably incurred in connection with such Landlord's Additional Repair.
13.03. All maintenance, repairs and replacements performed by Tenant in the Building (including without limitation Tenant Repairs performed by Tenant and Landlord's Additional Repairs performed by Tenant, but specifically excluding any maintenance, repair repairs and replacements performed by Tenant to Tenant's Property (as opposed to Tenant's Improvements)) shall be performed using only contractors which have been approved or replacement records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to -82- 87 designated by Landlord in as good a condition as when receivedaccordance with the provisions of Sections 11.04 hereof, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises (but applied mutatis mutandis with respect to wiringsuch maintenance, repairs and replacements. The provisions of Sections 11.05 and 11.07 hereof, as well as any other provisions of Article 11 relating to the standards and/or prosecution of work in the Building, shall likewise apply, mutatis mutandis, to maintenance, repairs and replacements performed by Tenant pursuant to this Article 13.
13.04. Tenant shall have the right, as well as the obligation, to perform the maintenance, repairs and replacements for which it is responsible under Section 13.01(a) above, subject, in all cases, to the other provisions of this Article 13. In respect thereof, it is agreed that Tenant's right to repair and replace any Tenant Improvements shall include only (i) the right to repair such Tenant Improvements, as needed, without modification or change thereto, and (ii) the right to replace such Tenant Improvements or any portion thereof, as needed, without modification or change thereto; it being understood that any modifications or changes to any Tenant Improvements shall be deemed Alterations and may be performed only subject to and in accordance with Article 11 hereof. In addition, the right of Tenant to replace, as opposed to repair, any Tenant Improvements located outside the Premises shall, notwithstanding anything to the contrary contained herein, be deemed to allow Tenant to replace such Tenant Improvements or a portion thereof (as opposed to repairing the same) only to the extent installed by that (x) such Tenant Improvements are of such a nature that the same can only be replaced and not repaired, or on behalf (y) the repair of a Tenant Party), and repair any the same is not feasible in light of the damage to the Premises caused therebyor defect in question.
13.05. Except as expressly set forth in Section 18.1 abovethis lease, Landlord shall have no obligation liability to alterTenant, remodelnor, improveexcept as expressly set forth in Section 33.01, repairshall Tenant's covenants and obligations under this lease be reduced or abated in any manner whatsoever, decorate by reason of any inconvenience, annoyance, interruption or paint the Premises injury arising from Landlord's making any repairs or any part thereofchanges which Landlord is required or permitted by this lease, other than Landlord’s obligation or required by law, to make available in or to Tenant the TI Allowance in accordance Building, including without limitation the Premises. The provisions of this Section 13.05 shall not absolve Landlord of its obligations to comply with this Lease.
18.3 Without limiting the provisions of Section 16.2, Landlord 35.15 hereof.
13.06. This Article 13 shall not be liable for applicable, to any failure extent, to make any fire or other casualty referred to in Article 19, or to any repairs or to perform replacements of any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure damage or destruction resulting therefrom; the same shall persist for an unreasonable time after Tenant provides Landlord with written notice of be governed by the need of such repairs or maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense.
18.4 Subject to the other applicable provisions of Section 14.4this lease, if any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, then Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve including Articles 9 and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease19.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Subject to the provisions of Article 9, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing, to the extent that the cost of such repairs and maintenance arising from Tenant’s acts, neglect, fault or omissions (but not gross negligence or willful misconduct) exceeds the limits of any insurance maintained or required to be maintained by Tenant pursuant to this Lease but are covered by insurance maintained or required to be maintained by Landlord under this Lease, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice therefor (or, if Landlord has not obtained or maintained the insurance it is required to obtain and maintain pursuant to this Lease, Landlord shall pay such excess, other than what the deductible would have been had Landlord obtained and maintained the requisite insurance, which Tenant shall pay to Landlord within thirty (30) days after receipt of an invoice therefor).
Appears in 1 contract
Samples: Lease (Goldman Sachs Group Inc)
Repairs and Maintenance. 18.1 Landlord shall repair 13.01 Tenant shall, at its expense, throughout the term of this Lease, take good care of and maintain in good order and condition the Premises and the fixtures and improvements therein including, without limitation, the property which is deemed Landlord’s pursuant to Section 12.01 hereof and Tenant’s Property, except as otherwise expressly provided in the last sentence of this Section 13.01. Tenant shall be responsible for all repairs, interior and exterior, structural and exterior portions non-structural, ordinary and Common Area extraordinary, foreseen or unforeseen, in and to the 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 Projectfacilities and systems thereof, including roofing the need for which arises out of (a) the performance or existence of Alterations, (b) the installation, use or operation of the property which is deemed Landlord’s, pursuant to Sections 12.01 and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing up to the point of entry to the Building (for purposes of clarity, all plumbing from the point of entry to the Premises 12.02 hereof and extending into and through the Premises, including plumbing fixtures and plumbing lines, shall be Tenant’s obligation to maintain and repair Property, (c) the moving of the property which is deemed Landlord’s pursuant to Section 18.2 below); fire sprinkler systems Sections 12.01 and 12.02 hereof and Tenant’s Property in or out of the Building, (if any); elevators; d) the act, omission, misuse or 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 base Building electrical systems installed or furnished specifications regardless of the fact that such Tenant’s plans may have been approved by Landlord. Tenant hereby waives any Tenant, at its expense, shall promptly replace all scratched, damaged or broken doors and all rights under glass (and benefits of Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect, and Tenant waives the right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code, and under all other similar laws, statutes or ordinances now or hereafter in effect.
18.2 Except for services of Landlordsolar film, if any, required by Section 18.1attached to the window glass) in and about the Premises, Tenant shallincluding, at Tenant’s sole cost without limitation, entrance doors, and expense shall be responsible for all repairs, maintenance and at replacement of wall and floor coverings in the Premises and for all times from the repair, maintenance and after the date upon which Landlord delivers possession replacement of all horizontal portions of the Premises to Tenant for systems and facilities of the purpose of commencing the Tenant Improvements, maintain, repair and keep the Premises (including but not limited to (i) the HVAC systems Building within or exclusively serving the Premises, including without limitation the portion sanitary and electrical fixtures and equipment therein. The foregoing sentence is not intended to require Tenant to replace improvements that are otherwise in good working condition, but merely have normal wear and tear. All repairs in or to the Premises for which Tenant is responsible shall be promptly performed by Tenant in a manner which will not interfere with the use of the HVAC system that includes the first damper or isolation valve and extends into and through the PremisesBuilding by other occupants; provided, however, any supplemental HVAC serving repairs in and to the PremisesBuilding 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; but Landlord may, at its option, before commencing any such work or at any time thereafter, require Tenant to furnish to Landlord such security, in form and amount as Landlord shall reasonably deem necessary to assure the payment for such work by Tenant. The exterior walls of the Building, the portions of any window xxxxx outside the windows, and any other systems or equipment exclusively serving the windows are not part of the Premises and Landlord reserves all rights to such parts of the Building. Notwithstanding the foregoing provisions of this Section 13.01, Tenant shall not be responsible for repairs to or replacements of any structural elements of the Building (ii) all plumbing serving the Premises from the point of entry to the Premises and extending into and through including the Premises), including plumbing fixtures and plumbing lines) and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted, and with the Tenant Improvements in substantially the same condition as existed on the Term Commencement Date, and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance, repair or replacement records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises (but with respect to wiring, only except to the extent installed by the need for such repairs or on behalf of a Tenant Party), and repair any damage to replacements arises from the Premises caused thereby. Except as expressly matters set forth in clauses (a), (b), (c), (d) or (e) of the second sentence of this Section 18.1 above13.01 or from the negligence or willful misconduct of Tenant, its employees, agents or contractors.
13.02 Tenant shall give Landlord prompt notice of any defective condition in any plumbing, heating, air-conditioning or ventilation system or electrical lines located in, servicing or passing through the Premises of which it has actual knowledge. Following such notice, Landlord shall remedy the conditions, but at the expense of Tenant if Tenant is responsible for same under the provisions of this Article 13.
13.03 Except as otherwise expressly provided in this Lease, Landlord shall have no obligation liability to alterTenant, remodelnor shall Tenant’s covenants and obligations under this Lease be reduced or abated in any manner whatsoever, improveby reason of any inconvenience, repairannoyance, decorate interruption or paint the Premises or any part thereof, other than injury arising from Landlord’s obligation making any repairs or changes which Landlord is required or permitted by this Lease, or required by law, to make available in or to Tenant the TI Allowance fixtures, equipment or appurtenances of the Building or the Premises; provided, however, that Landlord shall use reasonable efforts to the extent practicable to make such repairs and changes at such times and in accordance such manner as to minimize interference with this Lease.
18.3 Without limiting the provisions conduct of Section 16.2Tenant’s business in the Premises, provided that Landlord shall not be liable for any failure to make any repairs or required to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for work on an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs overtime or maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expensepremium-pay basis.
18.4 Subject 13.04 Landlord shall, at its expense, but subject to the provisions of Section 14.4, if any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, then Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease.
18.5 This Article relates to repairs , keep and maintenance arising maintain (and replace if necessary as determined by Landlord in its sole discretion) the ordinary course of operation public portions of the Building (including the structural elements of the Building) and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Subject to the provisions of Article 9, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoingBuilding systems and facilities, to the extent that such systems and facilities affect the cost of such repairs Premises, in good working order and maintenance arising from Tenant’s acts, neglect, fault or omissions (but not gross negligence or willful misconduct) exceeds shall operate the limits of any insurance maintained or required to be maintained by Tenant pursuant to this Lease but are covered by insurance maintained or required to be maintained by Landlord under this Lease, then Landlord shall file Building as a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice therefor (or, if Landlord has not obtained or maintained the insurance it is required to obtain and maintain pursuant to this Lease, Landlord shall pay such excess, other than what the deductible would have been had Landlord obtained and maintained the requisite insurance, which Tenant shall pay to Landlord within thirty (30) days after receipt of an invoice therefor)first-class office building.
Appears in 1 contract
Samples: Lease Agreement (Heidrick & Struggles International Inc)
Repairs and Maintenance. 18.1 Landlord shall repair and maintain the structural and exterior portions and Common Area of the Building and the Project, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing up 20.1. Subject to the point of entry to the Building (for purposes of clarity, all plumbing from the point of entry to the Premises and extending into and through the Premises, including plumbing fixtures and plumbing lines, shall be Tenant’s obligation to maintain and repair pursuant to Section 18.2 below); fire sprinkler systems (if any); elevators; and base Building electrical systems installed or furnished by Landlord. Tenant hereby waives any and all rights under and benefits of Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect, and Tenant waives the right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Codeobligations hereunder, and under all other similar laws, statutes or ordinances now or hereafter in effect.
18.2 Except for services of Landlord, if any, required by Section 18.1, Tenant shallTenant, at Tenant’s its sole cost and expense and at all times from and after the date upon which Landlord delivers possession of the Premises to Tenant for the purpose of commencing the Tenant Improvementsexpense, maintain, repair shall maintain and keep the Premises Property (other than the Diversified Space), all improvements thereon, and all appurtenances thereto, including but not limited to (i) the HVAC sidewalks, parking areas, curbs, roads, driveways, lighting standards, landscaping, sewers, water, gas and electrical distribution systems exclusively serving the Premisesand facilities, including the portion of the HVAC system that includes the first damper or isolation valve and extends into and through the Premises, any supplemental HVAC serving the Premisesdrainage facilities, and any other systems all signs, both illuminated and non-illuminated that are now or equipment exclusively serving hereafter on the Premises and (ii) all plumbing serving the Premises from the point of entry to the Premises and extending into and through the PremisesProperty, including plumbing fixtures and plumbing lines) and every part thereof in good condition and repairin a manner consistent with the Permitted Use. Tenant shall make all repairs, damage thereto from ordinary wear replacements and tear exceptedimprovements, including, without limitation, all HVAC, plumbing and electrical repairs, replacements and improvements required, and with the Tenant Improvements in substantially shall keep the same condition as existed on free and clear from all rubbish and debris, excluding, however, the Term Commencement Datefoundation, and shallslab, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance, repair or replacement records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination structural portions of the Term, surrender walls and roof (not including the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises (but with respect to wiring, only to the extent installed by or on behalf of a Tenant Partymembrane), and repair any damage structural steel aspects of the Buildings. All repairs made by Tenant shall be at least equal in quality to the Premises caused thereby. Except as expressly set forth original work, and shall be made only by a licensed, bonded contractor approved in Section 18.1 above, advance by Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than Landlord’s obligation to make available to Tenant the TI Allowance in accordance with this Lease.
18.3 Without limiting the provisions of Section 16.2, Landlord (which shall not be liable for unreasonably withheld, conditioned or delayed); provided, however, that such contractor need not be bonded or approved by Landlord if the non-structural alterations, repairs, additions or improvements to be performed do not exceed Fifty Thousand Dollars ($50,000) per occurrence or an aggregate amount of One Hundred Thousand Dollars ($100,000) in any twelve (12) month period. Tenant shall not take or omit to take any action, the taking or omission of which shall cause waste, damage or injury to the Property. Tenant shall indemnify, defend (by legal counsel acceptable to Landlord) and hold harmless Landlord from and against any and all Claims (as defined below) arising out of the failure to make any repairs of Tenant or Tenant’s Agents to perform the covenants contained in this Section. “Tenant’s Agents” shall be defined to include Tenant’s officers, employees, agents, contractors, invitees, customers and subcontractors. For the avoidance of doubt, as used in this Article 20 and in Section 11.1, the Diversified Space shall exclude all building systems within the Diversified Space and 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 demising, exterior or load bearing walls (other than the need interior surface of such repairs or maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense.
18.4 Subject to walls within the provisions of Section 14.4, if any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, then Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Subject to the provisions of Article 9, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing, to the extent that the cost of such repairs and maintenance arising from Tenant’s acts, neglect, fault or omissions (but not gross negligence or willful misconduct) exceeds the limits of any insurance maintained or required to be maintained by Tenant pursuant to this Lease but are covered by insurance maintained or required to be maintained by Landlord under this Lease, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice therefor (or, if Landlord has not obtained or maintained the insurance it is required to obtain and maintain pursuant to this Lease, Landlord shall pay such excess, other than what the deductible would have been had Landlord obtained and maintained the requisite insurance, which Tenant shall pay to Landlord within thirty (30) days after receipt of an invoice thereforDiversified Space).
Appears in 1 contract
Samples: Lease (Illumina Inc)
Repairs and Maintenance. 18.1 Landlord 14.01. Tenant shall repair and maintain the structural and exterior portions and Common Area take good care of the Building Demised Premises. Tenant, at its expense, shall promptly make all repairs, ordinary or extraordinary, interior or exterior, structural or otherwise in and about the Demised Premises and the ProjectBuilding, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing up to the point of entry to the Building (for purposes of clarity, all plumbing from the point of entry to the Premises and extending into and through the Premises, including plumbing fixtures and plumbing lines, as shall be Tenant’s obligation to maintain and repair pursuant to Section 18.2 below); fire sprinkler systems (if any); elevators; and base Building electrical systems installed or furnished by Landlord. Tenant hereby waives any and all rights under and benefits of Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect, and Tenant waives the right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code, and under all other similar laws, statutes or ordinances now or hereafter in effect.
18.2 Except for services of Landlord, if any, required by Section 18.1, Tenant shall, at Tenant’s sole cost and expense and at all times from and after the date upon which Landlord delivers possession reason of the Premises to Tenant for the purpose of commencing the Tenant Improvements, maintain, repair and keep the Premises (including but not limited to (i) the HVAC systems exclusively serving the Premises, including the portion performance of the HVAC system that includes the first damper Tenant's Finish Work or isolation valve and extends into and through the Premises, any supplemental HVAC serving the Premises, and any other systems or equipment exclusively serving the Premises and Tenant's Changes; (ii) all plumbing serving the installation, use or operation of Tenant's Property in the Demised Premises from by Tenant, its agents or employees; (iii) the point moving of entry to the Premises and extending into and through the Premises, including plumbing fixtures and plumbing lines) and every part thereof Tenant's Property in good condition and repair, damage thereto from ordinary wear and tear excepted, and with the Tenant Improvements in substantially the same condition as existed on the Term Commencement Date, and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance, repair or replacement records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination out of the Term, surrender Building; or (iv) the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises (but with respect to wiring, only to the extent installed by misuse or on behalf neglect of a Tenant Party), and repair any damage to the Premises caused thereby. Except as expressly set forth in Section 18.1 above, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereofof its employees, other than Landlord’s obligation to make available to agents, contractors or invitees; but Tenant the TI Allowance in accordance with this Lease.
18.3 Without limiting the provisions of Section 16.2, Landlord shall not be liable responsible, and Landlord shall be responsible, for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs as are required by reason of Landlord's neglect or other fault in the manner of performing any of Tenant's Finish 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 in or about the Demised Premises and shall be responsible for all repairs, maintenance. Tenant waives its rights under Applicable Laws now or hereafter , and replacement of wall and floor coverings in effect to make repairs at Landlord’s expensethe Demised Premises and, for the repair and maintenance of all lighting fixtures therein.
18.4 Subject 14.02. Landlord, subject to the provisions of Section 14.45.04, if shall keep and maintain the Building and its fixtures, appurtenances, systems and facilities serving the Demised Premises, in good working order, condition, and repair and shall make with all due diligence all repairs, structural and otherwise, interior and exterior, as and when needed in or about the Demised Premises, except for those repairs for which Tenant is responsible pursuant to any excavation other provisions of this Lease. Landlord states that on the inception of this Lease, the plumbing, mechanical, electrical, sewerage, fire protection and sprinkler systems and the HVAC system and the elevators will be in good working order and shall be made upon land adjacent comply with applicable legal requirements.
14.03. Landlord shall have no liability to or under the BuildingTenant by reason of any inconvenience, annoyance, interruption, or shall be authorized injury to be madeTenant's business arising from Landlord's making any repairs or changes which Landlord is required or permitted by this Lease or required by law, then Tenant shall afford to the person causing make in or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation portion of the Building and or the Project. In the event of a casualty described Demised Premises, or 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 Subject or to the provisions fixtures, equipment of Article 9appurtenances of the Building or the Demised Premises, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing, to the extent provided that the cost of such repairs and maintenance arising from Tenant’s acts, neglect, fault or omissions (but not gross negligence or willful misconduct) exceeds the limits of any insurance maintained or required to be maintained by Tenant pursuant to this Lease but are covered by insurance maintained or required to be maintained by Landlord under this Lease, then Landlord shall file use due diligence with respect thereto and shall perform such work, except in case of emergency, at a claim for time reasonably convenient to Tenant and otherwise in such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for a manner as will not materially interfere with Tenant's use of the deductible therefor within thirty (30) days after receipt of an invoice therefor (or, if Landlord has not obtained or maintained the insurance it is required to obtain and maintain pursuant to this Lease, Landlord shall pay such excess, other than what the deductible would have been had Landlord obtained and maintained the requisite insurance, which Tenant shall pay to Landlord within thirty (30) days after receipt of an invoice therefor)Demised Premises.
Appears in 1 contract
Samples: Sublease Agreement (I Many Inc)
Repairs and Maintenance. 18.1 Landlord 17.01. Tenant shall, throughout the Term, take good care of the Demised Premises, the fixtures and appurtenances therein, and shall repair not do, suffer, or permit any waste with respect thereto. Tenant shall keep and maintain the structural all interior and exterior portions and Common Area of the Demised Premises including, without limitation, the roof, the roof deck, all Building equipment, windows, doors, loading bay doors and shelters, plumbing and electrical systems, heating, ventilating and air conditioning ("HVAC") systems in a clean and orderly condition and in good order and repair. Tenant shall keep and maintain all floors, sidewalks, landscaping (including lawn areas), curbing, paving whether in driveways, parking areas or access easements. The phrase "keep and maintain" as used herein includes repairs, replacement and/or restoration as appropriate. Tenant shall maintain the Projectexterior areas of the Demised Premises free of accumulation of snow, including roofing ice, dirt and covering materials; foundations (excluding rubbish. Tenant shall not permit or suffer any architectural slabsover-loading of the floors of the Building. Tenant shall be responsible for all repairs, but including any interior and exterior, structural slabs); exterior walls; plumbing up and nonstructural, ordinary and extraordinary, in and to the point of entry to the Building (for purposes of clarity, all plumbing from the point of entry to the Premises and extending into and through the Premises, including plumbing fixtures and plumbing lines, shall be Tenant’s obligation to maintain and repair pursuant to Section 18.2 below); fire sprinkler systems (if any); elevators; and base Building electrical systems installed or furnished by Landlord. Tenant hereby waives any and all rights under and benefits of Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect, and Tenant waives the right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code, and under all other similar laws, statutes or ordinances now or hereafter in effect.
18.2 Except for services of Landlord, if any, required by Section 18.1, Tenant shall, at Tenant’s sole cost and expense and at all times from and after the date upon which Landlord delivers possession of the Premises to Tenant for the purpose of commencing the Tenant Improvements, maintain, repair and keep the Premises (including but not limited to (i) the HVAC systems exclusively serving the Demised Premises, including the portion Building and Land and the facilities and systems thereof, the need for which arises out of (a) the performance or existence of the HVAC system that includes Tenant's Work or alterations, (b) the first damper installation, use or isolation valve and extends into and through operation of the Tenant's Property in the Demised Premises, any supplemental HVAC serving (c) the Premises, and any other systems or equipment exclusively serving the Premises and (ii) all plumbing serving the Premises from the point of entry to the Premises and extending into and through the Premises, including plumbing fixtures and plumbing lines) and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted, and with the Tenant Improvements in substantially the same condition as existed on the Term Commencement Date, and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance, repair or replacement records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination moving of the Term, surrender the Premises to Landlord Tenant's Property in as good a condition as when received, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises (but with respect to wiring, only to the extent installed by or on behalf out of a Tenant Party), and repair any damage to the Premises caused thereby. Except as expressly set forth in Section 18.1 above, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than Landlord’s obligation to make available to Tenant the TI Allowance in accordance with this Lease.
18.3 Without limiting the provisions of Section 16.2, Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense.
18.4 Subject to the provisions of Section 14.4, if any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made(d) the act, then omission, misuse or neglect of Tenant or any of its subtenants or its or their employees, agents, contractors or invitees. Upon request by Landlord, Tenant shall afford to the person causing or authorized to cause such excavationfurnish Landlord with true and complete copies of maintenance contracts and with copies of all invoices for work performed, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting confirming Tenant’s 's compliance with its obligations under this Lease.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event Tenant fails to furnish such copies, Landlord shall have the right, at Tenant's cost and expense, to conduct such inspections or surveys as may be required to determine whether or not Tenant is in compliance with this Article and to have any work required of eminent domainTenant performed at Tenant's cost and expense. Tenant shall promptly replace all scratched, Article 25 damaged or broken doors and glass in and about the Demised Premises and shall apply be responsible for all repairs, maintenance and replacement of wall and floor coverings in lieu the Demised Premises and for the repair and maintenance of this Article.
18.6 Subject all sanitary and electrical fixtures and equipment therein. Tenant shall promptly make all repairs in or to the provisions Demised Premises for which Tenant is responsible, and any repairs required to be made by Tenant to the mechanical, electrical, sanitary, heating, ventilating, air-conditioning or other systems of Article 9the Building shall be performed only by contractor(s) reasonably acceptable to Landlord. Any other repairs in or to the Building and the facilities and systems thereof for which Tenant is responsible may, costs incurred at Landlord's option, be performed by Landlord pursuant at Tenant's expense. Landlord agrees to this Article shall constitute Operating Expenses. Notwithstanding assign to Tenant the foregoingroof warranty, to the extent assignable. In the event that said roof warranty shall not be assignable, Landlord agrees that it shall, at the direction of Tenant and at no cost or expense to Landlord, enforce the same for the benefit of Tenant. In the event that any of Tenant's roof installations as part of Tenant's Work or otherwise, or Tenant's utilization, servicing or maintenance of any of such installations, shall result in any roof puncture or roof penetration which would violate the roof warranty or otherwise violate the roof warranty, Tenant shall be responsible, at its sole cost and expense, to keep and maintain the roof membrane, without benefit of such roof warranty.
17.02. Except as otherwise provided in Section 17.01 above, Landlord shall be responsible for the structural integrity of the Building (excluding, roof and roof deck) and shall, at its cost and expense, make all repairs and replacements to the structural elements thereof. For the purposes hereof structural shall mean footings, foundations, structural steel, exterior walls, and load bearing members. Notwithstanding anything contained in the immediately preceding sentence to the contrary, Tenant shall be responsible for the ordinary day-to-day maintenance arising from Tenant’s actsand repairs to the exterior walls, neglectincluding, fault or omissions (but not gross negligence or willful misconduct) exceeds the limits of any insurance maintained or required to be maintained by Tenant pursuant to this Lease but are covered by insurance maintained or required to be maintained by Landlord under this Leasenecessarily limited to, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance painting, sealing, and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice therefor (or, if Landlord has not obtained or maintained the insurance it is required to obtain and maintain pursuant to re-pointing.
17.03. Except as otherwise expressly provided in this Lease, Landlord shall pay such excesshave no liability to Tenant, other than what nor shall Tenant's covenants and obligations under this Lease be reduced or abated in any manner whatsoever, by reason of any inconvenience, annoyance, interruption or injury to business arising from Landlord's doing any repairs, maintenance, or changes which Landlord is required or permitted by this Lease, or required by Law, to make in or to any portion of the deductible would have been had Landlord obtained and maintained the requisite insurance, which Building.
17.04. Tenant shall pay not permit or suffer the overloading of the floors of the Demised Premises beyond 250 pounds per square foot, or lesser amount as may be applicable to Landlord within thirty (30) days after receipt of an invoice therefor)any mezzanine area.
Appears in 1 contract
Samples: Lease Agreement (Childrens Place Retail Stores Inc)
Repairs and Maintenance. 18.1 18.1. Landlord shall repair and maintain the structural and exterior portions and Common Area of the Building and the Project, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing plumbing; fire sprinkler systems (if any); base Building HVAC systems up to the point of entry to first damper or isolation valve that serves the Building Premises (for purposes of clarity, all plumbing from the point portion of entry to the Premises HVAC system that includes such first damper or isolation valve and extending extends into and through the Premises, including plumbing fixtures and plumbing lines, any supplemental HVAC serving the Premises shall not be part of the base Building HVAC and shall be Tenant’s obligation to maintain and repair pursuant to Section 18.2 below); fire sprinkler systems (if any); elevators; and base Building electrical systems installed or furnished by Landlord. Tenant hereby waives any and all rights under and benefits of Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect, and Tenant waives the right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code, and under all other similar laws, statutes or ordinances now or hereafter in effect.
18.2 18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall, shall at Tenant’s sole cost and expense and at all times from and after the date upon which Landlord delivers possession of the Premises to Tenant for the purpose of commencing the Tenant Improvements, maintain, repair maintain and keep the Premises (including but not limited to (i) the HVAC systems exclusively serving the Premises, including the portion of the HVAC system that includes the first damper or isolation valve and extends into and through the Premises, any supplemental HVAC serving the Premises, and any other systems or equipment exclusively serving the Premises and (ii) all plumbing serving the Premises from the point of entry to the Premises and extending into and through the Premises, including plumbing fixtures and plumbing lines) and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted, and with the Tenant Improvements in substantially the same condition as existed on the Term Commencement Date, and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance, repair or replacement maintenance records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises (but with respect to wiring, only to the extent installed by or on behalf of a Tenant PartyParty (as defined below)), and repair any damage to the Premises caused thereby. Except as expressly set forth in Section 18.1 above, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than Landlord’s obligation to make available to Tenant the TI Allowance in accordance with this Lease.
18.3 Without limiting 18.3. Throughout the provisions Term of Section 16.2the Lease, Tenant shall, at Tenant’s sole cost and expense, maintain copies of all service contracts, service, repair and maintenance records, and inspection reports on all equipment installed by or maintained by Tenant. Tenant shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records, service or inspection reports that Landlord reasonably requests.
18.4. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. Except as otherwise set forth in Section 31.13 of this Lease, Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense.
18.4 Subject to the provisions of Section 14.4, if 18.5. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, then Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease, provided, however, that in any such event Landlord shall use reasonable efforts to minimize disruption of Tenant’s business operations.
18.5 18.6. This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Subject to the provisions of Article 9, costs 18.7. Costs incurred by Landlord pursuant to this Article Article, other than pursuant to Section 18.5, shall constitute Operating Expenses. Notwithstanding the foregoing, to the extent that the cost of such repairs and maintenance arising from Tenant’s acts, neglect, fault or omissions (but not gross negligence or willful misconduct) exceeds the limits of any insurance maintained or required to be maintained by Tenant pursuant to this Lease but are covered by insurance maintained or required to be maintained by Landlord under this Lease, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice therefor (or, if Landlord has not obtained or maintained the insurance it is required to obtain and maintain pursuant to this Lease, Landlord shall pay such excess, other than what the deductible would have been had Landlord obtained and maintained the requisite insurance, which Tenant shall pay to Landlord within thirty (30) days after receipt of an invoice therefor).
Appears in 1 contract
Samples: Lease (Cyclerion Therapeutics, Inc.)
Repairs and Maintenance. 18.1 Landlord shall repair and maintain (a) Tenant, throughout the structural and exterior portions and Common Area term of the Building and the Projectthis lease, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing up to the point of entry to the Building (for purposes of clarity, all plumbing from the point of entry to the Premises and extending into and through the Premises, including plumbing fixtures and plumbing lines, shall be Tenant’s obligation to maintain and repair pursuant to Section 18.2 below); fire sprinkler systems (if any); elevators; and base Building electrical systems installed or furnished by Landlord. Tenant hereby waives any and all rights under and benefits of Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect, and Tenant waives the right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code, and under all other similar laws, statutes or ordinances now or hereafter in effect.
18.2 Except for services of Landlord, if any, required by Section 18.1, Tenant shall, at Tenant’s sole cost its expense, take good care of and expense maintain in good order and at condition, and shall be responsible for all times from repairs and after the date upon which Landlord delivers possession of the Premises to Tenant for the purpose of commencing the Tenant Improvementsreplacements (ordinary and extraordinary, maintain, repair foreseen and keep the Premises (including but not limited unforeseen) to (i) the HVAC systems exclusively serving Premises (but not the PremisesBase Building Premises Components), including the portion of the HVAC system that includes the first damper or isolation valve and extends into and through the Premises, any supplemental HVAC serving the Premises, and any other systems or equipment exclusively serving the Premises and (ii) all plumbing serving Tenant's Improvements. Without limiting the Premises from generality of the point of entry foregoing, Tenant, at its expense, shall promptly replace all damaged or broken doors (including, without limitation, entrance doors) and all interior glass in and about the Premises. Notwithstanding the foregoing, Tenant shall not be responsible for any repairs or replacements under this Section 13.01(a) to the Premises extent that Landlord is responsible for the same under Section 13.02(b) hereof.
(b) Tenant, in addition, shall be responsible for all repairs and extending into replacements, interior and through exterior, structural and non-structural, ordinary and extraordinary, foreseen and unforeseen, in and to (x) the Real Property outside of the Premises, including plumbing fixtures and plumbing lines(y) and every part thereof the Base Building Premises Components, in good condition and repaireach case, damage thereto from ordinary wear and tear exceptedto the extent the need for which arises out of (i) the performance of Alterations, and with or the installation, use, operation or existence of any Tenant's Improvements or Tenant's Property (provided, however, that Tenant Improvements in substantially shall not be responsible therefor under this clause (i) to the same condition as existed on extent that the Term Commencement Date, and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance, repair or replacement records that in question would not have been needed but for (x) a violation by Landlord reasonably requests. Tenant shallof its obligations under this lease, upon or (y) a representation made by Landlord hereunder being untrue), (ii) the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises (but with respect to wiring, only to the extent installed moving by or on behalf of a Tenant Partyof any Tenant's Improvements or Tenant's Property in or out of the
(c) The repairs and replacements for which Tenant is responsible pursuant to the provisions of this Section 13.01 (herein called "TENANT REPAIRS") shall be performed in accordance with the following provisions:
(1) Tenant shall perform all Tenant Repairs for which Tenant is responsible pursuant to Section 13.01(a) above (i.e., to the Premises), and repair any damage to all Tenant's improvements) promptly, at its expense, and in a manner which will not interfere (in other than a de minimis manner) with the use of the Building by others. If, and to the extent that, such Tenant Repairs are to Tenant's Improvements located outside the Premises caused therebyor otherwise require work to be performed outside of the Premises, then (i) such work shall be performed only at such time or times as are reasonably designated by Landlord, and, at Landlord's option, under the supervision of Landlord or its designated representative, (ii) Landlord shall have the right to coordinate such work with any work then being undertaken by Landlord or by any other tenants of the Building, and (iii) Tenant, within thirty (30) days after a written demand therefor, shall reimburse Landlord all supervision and coordination costs incurred by Landlord pursuant to clauses (i) or (ii) above (whether incurred to Landlord's employees or outside parties).
(2) Landlord, at its option, may elect to perform Tenant Repairs for which Tenant is responsible pursuant to Section 13.01(b) above (i.e., to the Real Property outside of the Premises and to the Base Building Premises Components) (each, a "TENANT BUILDING REPAIR") at Tenant's expense. If Tenant notifies Landlord of the need for any Tenant Building Repair, then Landlord shall promptly notify Tenant as to whether Landlord elects to perform such Tenant Building Repair, at Tenant's expense, or to have Tenant perform such repair. In all cases, except in cases of emergency (in which cases Landlord need not so notify Tenant), Landlord, prior to commencing any Tenant Building Repair, shall notify Tenant that Landlord has elected to perform the same at Tenant's expense.
(A) To the extent that Landlord elects to perform any Tenant Building Repair at Tenant's expense, (i) Landlord shall perform the same promptly, and the provisions of Section 35.15 shall apply in respect thereof, and (ii) Tenant, within thirty (30) days after a written demand therefor, shall reimburse Landlord all of Landlord's out-of-pocket costs incurred in connection with such Tenant Building Repair. Tenant, at its own expense, shall have the right to monitor the progress of Tenant Building Repair undertaken by Landlord.
(B) To the extent that Landlord elects to have Tenant perform any Tenant Building Repair, (i) Tenant shall perform the same promptly, at its expense, and in a manner which will not interfere (in other than a de minimis
(a) Except to the extent that Tenant shall be responsible for the same pursuant to the provisions of Section 13.01(a) or (b) above, Landlord, at its expense, shall make repairs and replacements to, and otherwise keep and maintain (in a condition befitting a first-class downtown Manhattan office building), the Base Building, other than those portions of the Base Building which are not Base Building Premises Components and which do not affect, or affect only to a de minimis extent, (i) Tenant's use and occupancy of the Premises, (ii) access to the Premises, (iii) the provision of Building Services to the Premises, and (iv) Tenant's right or ability to perform Alterations which would otherwise be permitted hereunder.
(b) Landlord, in addition, shall be responsible for all repairs and replacements, interior and exterior, structural and non-structural, ordinary and extraordinary, foreseen and unforeseen, in and to the Premises, Tenant's Improvements and Tenant's Property, in each case, to the extent, the need for which arises out of (i) any performance of any work or the taking of any other act in the Premises by Landlord, or person authorized by Landlord to enter the Premises, or any of their respective employees, agents or contractors, (ii) the conduct of alterations, additions, improvements or changes in the Building by Landlord or any of its employees, agents or contractors, or (iii) the negligence or intentional misconduct of Landlord or any of its employees, agents, contractors or invitees.
13.03. Except as expressly set forth in Section 18.1 abovethis lease, Landlord shall have no obligation liability to alterTenant, remodelnor, improveexcept as expressly set forth in Section 39.01, repairshall Tenant's covenants and obligations under this lease be reduced or abated in any manner whatsoever, decorate by reason of any inconvenience, annoyance, interruption or paint the Premises injury arising from Landlord's making any repairs or any part thereofchanges which Landlord is required or permitted by this lease, other than Landlord’s obligation or required by law, to make available in or to Tenant the TI Allowance in accordance Building, including without limitation the Premises. The provisions of this Section 13.03 shall not absolve Landlord of its obligations to comply with this Lease.
18.3 Without limiting the provisions of Section 16.2, Landlord 35.15 hereof.
13.04. This Article 13 shall not be liable for applicable, to any failure extent, to make any fire or other casualty referred to in Article 19, or to any repairs or to perform replacements of any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure damage or destruction resulting therefrom; the same shall persist for an unreasonable time after Tenant provides Landlord with written notice of be governed by the need of such repairs or maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense.
18.4 Subject to the other applicable provisions of Section 14.4this lease, if any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, then Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve including Articles 9 and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease19.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Subject to the provisions of Article 9, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing, to the extent that the cost of such repairs and maintenance arising from Tenant’s acts, neglect, fault or omissions (but not gross negligence or willful misconduct) exceeds the limits of any insurance maintained or required to be maintained by Tenant pursuant to this Lease but are covered by insurance maintained or required to be maintained by Landlord under this Lease, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice therefor (or, if Landlord has not obtained or maintained the insurance it is required to obtain and maintain pursuant to this Lease, Landlord shall pay such excess, other than what the deductible would have been had Landlord obtained and maintained the requisite insurance, which Tenant shall pay to Landlord within thirty (30) days after receipt of an invoice therefor).
Appears in 1 contract
Samples: Lease (Global Decisions Group LLC)
Repairs and Maintenance. 18.1 Landlord shall repair 13.01 Tenant shall, at its expense, throughout the term of this Lease, take good care of and maintain in good order and condition the Premises and the fixtures and improvements therein including, without limitation, the property which is deemed Landlord’s pursuant to Section 12.01 hereof and Tenant’s Property, except as otherwise expressly provided in the last sentence of this Section 13.01, and except for ordinary wear and tear and damage from casualty or condemnation. Tenant shall be responsible for the cost of all repairs, interior and exterior, structural and exterior portions non-structural, ordinary and Common Area of extraordinary, foreseen or unforeseen, in and to the Premises and the Building and the Projectfacilities and systems thereof, including roofing the need for which arises out of (a) the performance or existence of Alterations, (b) the installation, use or operation of the property which is deemed Landlord’s, pursuant to Sections 12.01 and covering materials; foundations 12.02 hereof and Tenant’s Property, (excluding c) the moving of the property which is deemed Landlord’s pursuant to Sections 12.01 and 12.02 hereof and Tenant’s Property in or out of the Building, (d) the wrongful act or neglect of Tenant or any architectural slabsof its subtenants or its or their employees, but including agents, contractors or invitees or (e) design flaws in any structural slabs); exterior walls; plumbing up of Tenant’s Plans regardless of the fact that such Tenant’s Plans may have been approved by Landlord. Tenant, at its expense, shall promptly replace all damaged or broken doors and interior glass (subject to reasonable wear and tear) in and about the point Premises, including, without limitation, entrance doors, and shall be responsible for all repairs, maintenance and replacement of entry to the Building (for purposes of clarity, all plumbing from the point of entry to wall and floor coverings in the Premises and extending into for all the repair, maintenance and through the Premises, including plumbing fixtures and plumbing lines, shall be Tenant’s obligation to maintain and repair pursuant to Section 18.2 below); fire sprinkler systems (if any); elevators; and base Building electrical systems installed or furnished by Landlord. Tenant hereby waives any and replacement of all rights under and benefits of Sections 1941 and 1942 horizontal portions of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect, systems and Tenant waives the right to make repairs at Landlord’s expense under Sections 1941 and 1942 facilities of the California Civil Code, Building within and under all other similar laws, statutes or ordinances now or hereafter in effect.
18.2 Except for services of Landlord, if any, required by Section 18.1, Tenant shall, at Tenant’s sole cost and expense and at all times from and after the date upon which Landlord delivers possession of the Premises to Tenant for the purpose of commencing the Tenant Improvements, maintain, repair and keep the Premises (including but not limited to (i) the HVAC systems exclusively serving the Premises, including without limitation the portion sanitary and electrical fixtures and equipment therein (but in any event excluding the high pressured duct work serving the perimeter induction system). All repairs in or to the Premises for which Tenant is responsible shall be promptly performed by Tenant in a manner which will not interfere with the use of the HVAC system that includes the first damper or isolation valve and extends into and through the PremisesBuilding by other occupants; provided, however, any supplemental HVAC serving repairs in and to the PremisesBuilding 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 walls of the Building, the portions of any window xxxxx outside the windows (and the solar film, if any, attached to the window glass), and any other systems or equipment exclusively serving the windows are not part of the Premises and (ii) Landlord reserves all plumbing serving the Premises from the point of entry rights to the Premises and extending into and through the Premises, including plumbing fixtures and plumbing lines) and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted, and with the Tenant Improvements in substantially the same condition as existed on the Term Commencement Date, and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance, repair or replacement records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination such parts of the TermBuilding. Notwithstanding the foregoing provisions of this Section 13.01, surrender Tenant shall not be responsible for repairs to or replacements of any structural elements of the Premises to Landlord in as good a condition as when receivedBuilding, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises (but with respect to wiring, only except to the extent installed by the need for such repairs or on behalf of a Tenant Party), and repair any damage to replacements arises from the Premises caused thereby. Except as expressly matters set forth in clauses (a), (b), (c), (d) or (e) of the second sentence of this Section 18.1 above13.01 or from the negligence or willful misconduct of Tenant, its employees, agents or contractors.
13.02 Tenant shall give Landlord prompt notice of any defective condition in any plumbing, heating, air-conditioning or ventilation system or electrical lines located in, servicing or passing through the Premises of which it has actual knowledge. Following such notice, Landlord shall remedy the conditions, but at the expense of Tenant if Tenant is responsible for same under the provisions of this Article 13.
13.03 Except as otherwise expressly provided in this Lease, Landlord shall have no obligation liability to alterTenant, remodelnor shall Tenant’s covenants and obligations under this Lease be reduced or abated in any manner whatsoever, improveby reason of any inconvenience, repairannoyance, decorate interruption or paint the Premises or any part thereof, other than injury arising from Landlord’s obligation making any repairs or changes which Landlord is required or permitted by this Lease, or required by law, to make available in or to Tenant the TI Allowance fixtures, equipment or appurtenances of the Building or the Premises; provided, however, that Landlord shall use reasonable efforts to the extent practicable to make such repairs and changes at such times and in accordance such manner as to minimize interference with this Lease.
18.3 Without limiting the provisions conduct of Section 16.2Tenant’s business in the Premises, provided that Landlord shall not be liable for any failure to make any repairs or required to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for work on an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs overtime or maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expensepremium-pay basis.
18.4 Subject 13.04 Landlord shall, at its expense, but subject to the provisions of Section 14.4this Lease, if any excavation shall be made upon land adjacent to or under keep and maintain the public portions of the Building, or shall be authorized to be madethe structural portions of the Building, then Tenant shall afford the windows (including the solar film, if any, attached to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Subject to the provisions of Article 9, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoingwindow glass, to the extent that the cost same shall bubble without the fault of Tenant), and the Building’s plumbing, heating, air-conditioning, ventilation and electrical systems and facilities, to the extent that such repairs systems and maintenance arising from Tenant’s actsfacilities affect the Premises, neglectin good working order, fault or omissions (but not gross negligence or willful misconduct) exceeds and shall operate the limits of any insurance maintained or required to be maintained by Tenant pursuant to this Lease but are covered by insurance maintained or required to be maintained by Landlord under this Lease, then Landlord shall file Building as a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days after receipt of an invoice therefor (or, if Landlord has not obtained or maintained the insurance it is required to obtain and maintain pursuant to this Lease, Landlord shall pay such excess, other than what the deductible would have been had Landlord obtained and maintained the requisite insurance, which Tenant shall pay to Landlord within thirty (30) days after receipt of an invoice therefor)first-class office building.
Appears in 1 contract
