Repairs by Landlord. Landlord will make, as an Operating Expense (to the extent allowable), all repairs to, and perform necessary maintenance, repair, refurbishing and replacement work to the Properties, and all parts thereof, in such manner as is in keeping with Comparable Buildings, including the: (a) structural elements of the Buildings, (b) mechanical (including HVAC), electrical, the plumbing and fire/life safety systems serving the Buildings in general, (c) Common Areas including the Parking Areas , (d) roofs of the Buildings, (e) exterior windows of the Buildings and (f) elevators serving the Buildings. Landlord shall promptly make repairs (considering the nature and urgency of the repair) for which Landlord is responsible. Except in emergency situations as reasonably determined by Landlord, Landlord shall provide Tenant with prior notice of any entry into the Leased Premises required to effectuate the repairs for which Landlord is responsible and shall exercise reasonable efforts to perform any such entry into the Leased Premises in a manner that is reasonably designed to minimize interference with the operation of Tenant’s business in the Leased Premises. If Landlord should fail or refuse to make such repairs, refurbishings or replacements or perform said maintenance with reasonable promptness after written notice from Tenant, then Tenant may, at its option, but without any obligation to do so, upon written notice to Landlord, cure such failure as expressed in Section 7.1(f) and recover the reasonable cost thereof from Landlord as expressed in Article XIII.
Appears in 5 contracts
Samples: Master Lease Agreement (KBS Real Estate Investment Trust, Inc.), Master Lease Agreement (Gramercy Capital Corp), Master Lease Agreement (Gramercy Capital Corp)
Repairs by Landlord. (a) Landlord will makeshall keep and maintain, as an Operating Expense and make all needed repairs to, the Base Building and the Common Areas in good condition and repair in accordance with the standards generally applicable with respect to Comparable Buildings (any such maintenance and/or repairs for which Landlord is responsible being herein collectively called “Landlord Repairs”).
(b) If, and to the extent allowable)that, the need for any Landlord Repair arises out of any negligent or wrongful act or omission by Tenant or any Tenant Party, then Tenant, within thirty (30) days after written demand, shall pay or reimburse Landlord for all repairs tothe reasonable out-of-pocket costs incurred by Landlord in performing such repair (together with interest thereon, and perform necessary maintenanceat the Applicable Rate, repair, refurbishing and replacement work from the date incurred to the Properties, and all parts thereof, in such manner as is in keeping with Comparable Buildings, including the: (a) structural elements of the Buildings, (b) mechanical (including HVACdate so paid or reimbursed), electrical, the plumbing and fire/life safety systems serving the Buildings in general, .
(c) Common Areas including the Parking Areas , (d) roofs of the Buildings, (e) exterior windows of the Buildings and (f) elevators serving the Buildings. Landlord shall promptly make repairs all Landlord Repairs (considering the nature and urgency of the repair) for which Landlord is responsible), and perform the same in a good and workmanlike manner. Except in emergency situations as reasonably determined by Landlord, Landlord shall provide Tenant with prior notice of any entry into the Leased Premises required Access to effectuate the repairs for which Landlord is responsible and shall exercise reasonable efforts to perform any such entry into the Leased Premises in a manner that is reasonably designed to minimize interference connection with the operation making of Tenant’s business in any such repairs shall be governed by the Leased Premises. provisions of Section 4.2 above.
(d) If Landlord should fail or refuse to make such repairs, refurbishings or replacements or perform said maintenance any Landlord Repair with reasonable promptness after written notice from Tenant, then Tenant’s cure rights under Section 13.1(b) hereof shall be applicable to the extent provided therein, and, as provided therein, Tenant may, at its option, but without any obligation may (except to do so, upon written notice to Landlord, cure such failure as expressed in the extent that the provisions of Section 7.1(f5.5(b) and hereof are applicable) recover the reasonable cost thereof from Landlord as expressed in Article XIIILandlord.
Appears in 3 contracts
Samples: Lease (KBS Real Estate Investment Trust, Inc.), Lease Agreement (Gramercy Capital Corp), Lease (Gramercy Capital Corp)
Repairs by Landlord. Landlord will make, as an Operating Expense (to the extent allowable), all repairs to, and perform necessary maintenance, repair, refurbishing and replacement work to the Properties, and all parts thereof, in such manner as is in keeping with Comparable Buildings, including the: (a) Landlord agrees to keep in good repair the roof, the floor slab, foundations, structural elements of the BuildingsBuilding, exterior paved areas and exterior walls, utility lines, plumbing, heating, ventilation, and air conditioning systems and to perform any capital improvements or replacements to any of the systems serving the Building or any capital expenditures as may be necessary or appropriate in Landlord’s reasonable discretion with respect to the Building and the Property. Tenant shall promptly notify Landlord in writing of any damage covered under this Section 6, and Landlord shall be under no duty to repair unless it receives written notice of such damage. Tenant shall be responsible for the cost of any damage to any portion of the Premises or other portions of the Building or the Property caused by Tenant’s use and occupancy or caused by the acts or omissions of Tenant or Tenant’s Agents, however, Landlord shall perform any necessary repairs to the extent any damage is outside of the Premises or if Landlord is in charge of the damaged area under this Section 6. Upon written demand, Tenant shall promptly reimburse Landlord, as additional Rent, for any repairs or maintenance required with respect to any portion of the Premises or other portions of the Building or the Property caused by the acts or omissions of Tenant or Tenant’s Agents.
(b) mechanical Landlord has the right to require Tenant to shut down operations at the Premises no more than twenty-four (including HVAC), electrical, 24) days in each calendar year for the plumbing purpose of repairs and fire/life safety maintenance to any part of the Building or the systems serving the Buildings in general, (c) Common Areas including the Parking Areas , (d) roofs of the Buildings, (e) exterior windows of the Buildings and (f) elevators serving the BuildingsBuilding. Landlord and Tenant shall promptly make repairs (considering the nature cooperate in good faith with each other to enable such shut downs, and urgency of the repair) for which Landlord is responsible. Except in emergency situations as reasonably determined by Landlord, Landlord shall provide Tenant with reasonably sufficient prior notice of any entry into the Leased Premises required (via email and telephone to effectuate the repairs for which Landlord is responsible and shall exercise reasonable efforts to perform any such entry into the Leased Premises in a manner that is reasonably designed Tenant) to minimize interference with the operation of disruption to Tenant’s business in the Leased Premises. If Landlord should fail or refuse to make such repairs, refurbishings or replacements or perform said maintenance with reasonable promptness after written notice from Tenant, then Tenant may, at its option, but without any obligation to do so, upon written notice to Landlord, cure such failure as expressed in Section 7.1(f) and recover the reasonable cost thereof from Landlord as expressed in Article XIIIoperations.
Appears in 2 contracts
Samples: Lease Agreement (Embecta Corp.), Lease Agreement (Embecta Corp.)
Repairs by Landlord. Landlord will makeshall, as an Operating Expense at its expense, maintain only the roof (to the extent allowableincluding roof membrane and frame), all repairs to, foundations and perform necessary maintenance, repair, refurbishing and replacement work to the Properties, and all parts thereof, in such manner as is in keeping with Comparable Buildings, including the: (a) structural elements soundness of the Buildings, (b) mechanical (including HVAC), electrical, the plumbing and fire/life safety systems serving the Buildings in general, (c) Common Areas including the Parking Areas , (d) roofs of the Buildings, (e) exterior windows walls of the Buildings (exclusive of all glass and (fexclusive of all exterior doors) elevators serving the Buildingsin good repair. In addition, Landlord shall promptly make repairs (considering be responsible for the nature and urgency capital replacement of any portion of the repair) for which Landlord is responsible. Except fire suppression system or the HVAC system located in emergency situations the Premises as may be required to maintain such systems in good working order as reasonably determined by LandlordLandlord (“Capital Replacement”). In the event that Landlord undertakes a Capital Replacement, all costs related thereto shall be amortized over the useful life of such replacement and Tenant shall reimburse Landlord the monthly portion of such amortized cost as a part of Additional Rent (“Capital Replacement Amortization Payment”). The foregoing maintenance and capital replacement obligations of Landlord specifically exclude repairs or replacements rendered necessary by the negligence or intentional acts of Tenant, its employees, invitees or representatives which shall be repaired or replaced by Tenant. Landlord shall provide maintain the grounds surrounding the Buildings, including paving, snow removal, the mowing of grass, care of shrubs and general landscaping as part of the Common Expenses set forth herein. Tenant with prior notice of shall promptly report in writing to Landlord any entry into the Leased Premises required condition known to effectuate the repairs for Tenant to be defective which Landlord is responsible and required to repair. Landlord shall exercise be required to commence such repairs within a reasonable efforts to perform any such entry into the Leased Premises in a manner that is reasonably designed to minimize interference with the operation period of time from receipt of Tenant’s business in the Leased Premises. If Landlord should fail or refuse to make such repairs, refurbishings or replacements or perform said maintenance with reasonable promptness after written notice from Tenant, then Tenant may, at its option, but without any obligation to do so, upon written notice to Landlord, cure such failure as expressed in Section 7.1(f) and recover the reasonable cost thereof from Landlord as expressed in Article XIIInotice.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement (Truck Hero, Inc.)
Repairs by Landlord. Landlord will make, as an Operating Expense (to the extent allowable), all repairs to, and perform necessary maintenance, repair, refurbishing and replacement work to the PropertiesProperty, and all parts thereof, in such manner as is in keeping with Comparable Buildings, including the: (a) structural elements of the BuildingsBuilding, (b) mechanical (including HVAC), electrical, the plumbing and fire/life safety systems serving the Buildings Building in general, (c) Common Areas including the Parking Areas , (d) roofs of the BuildingsBuilding, (e) exterior windows of the Buildings Building and (f) elevators serving the BuildingsBuilding. Landlord shall promptly make repairs (considering the nature and urgency of the repair) for which Landlord is responsible. Except in emergency situations as reasonably determined by Landlord, Landlord shall provide Tenant with prior notice of any entry into the Leased Premises required to effectuate the repairs for which Landlord is responsible and shall exercise reasonable efforts to perform any such entry into the Leased Premises in a manner that is reasonably designed to minimize interference with the operation of Tenant’s business in the Leased Premises. If Landlord should fail or refuse to make such repairs, refurbishings or replacements or perform said maintenance with reasonable promptness after written notice from Tenant, then Tenant may, at its option, but without any obligation to do so, upon written notice to Landlord, cure such failure as expressed in Section 7.1(f) and recover the reasonable cost thereof from Landlord as expressed in Article XIIILandlord.
Appears in 2 contracts
Samples: Master Lease Agreement (KBS Real Estate Investment Trust, Inc.), Master Lease Agreement (Gramercy Capital Corp)
Repairs by Landlord. Landlord will make, as an Operating Expense (to the extent allowable), all repairs to, and perform necessary maintenance, repair, refurbishing and replacement work to the PropertiesProject, and all parts thereof, in such manner as is in keeping with Comparable Buildings, including including, but not limited to, the: (a) structural elements of the BuildingsBuilding, (b) mechanical (including HVAC), electrical, the plumbing and fire/life safety systems serving the Buildings Building in general, (c) Common Areas including including, without limitation, the Parking Areas , (d) roofs of the BuildingsBuilding, (e) exterior windows of the Buildings Building and (f) elevators serving the BuildingsBuilding. Landlord shall promptly make repairs (considering the nature and urgency of the repair) for which Landlord is responsible. Except in emergency situations as reasonably determined by Landlord, Landlord shall provide Tenant with prior notice of any entry into the Leased Premises required to effectuate the repairs for which Landlord is responsible and shall exercise reasonable efforts to perform any such entry into the Leased Premises in a manner that is reasonably designed to minimize interference with the operation of Tenant’s 's business in the Leased Premises. If Landlord should fail or refuse to make such repairs, refurbishings or replacements or perform said maintenance with reasonable promptness after written notice from Tenant, then Tenant may, at its option, but without any obligation to do so, upon written notice to Landlord, cure such failure as expressed in Section 7.1(f) and recover the reasonable cost thereof from Landlord as expressed in Article XIIILandlord.
Appears in 1 contract
Samples: Master Lease Agreement (American Financial Realty Trust)
Repairs by Landlord. Landlord will make, as an Operating Expense (to the extent allowable), all repairs to, and perform necessary maintenance, repair, refurbishing and replacement work to the Properties, and all parts thereof, in such manner as is in keeping with Comparable Buildings, including the: (a) structural elements of the Buildings, (b) mechanical (including HVAC), electrical, the plumbing and fire/life safety systems serving the Buildings in general, (c) Common Areas including the Parking Areas , (d) roofs of the Buildings, (e) exterior windows of the Buildings and (f) elevators serving the Buildings. Landlord shall promptly make ________________________________________________________________________________________________________________________ repairs (considering the nature and urgency of the repair) for which Landlord is responsible. Except in emergency situations as reasonably determined by Landlord, Landlord shall provide Tenant with prior notice of any entry into the Leased Premises required to effectuate the repairs for which Landlord is responsible and shall exercise reasonable efforts to perform any such entry into the Leased Premises in a manner that is reasonably designed to minimize interference with the operation of Tenant’s business in the Leased Premises. If Landlord should fail or refuse to make such repairs, refurbishings or replacements or perform said maintenance with reasonable promptness after written notice from Tenant, then Tenant may, at its option, but without any obligation to do so, upon written notice to Landlord, cure such failure as expressed in Section 7.1(f) and recover the reasonable cost thereof from Landlord as expressed in Article XIII.
Appears in 1 contract
Samples: Master Lease Agreement (KBS Real Estate Investment Trust, Inc.)
Repairs by Landlord. The Landlord will makeagrees to keep in good repair the parking and truck courts, as an Operating Expense roof, foundations, and exterior walls of the Building containing or constituting a part of the Premises; provided, however, the Landlord shall not be responsible for the repair of glass and exterior doors and any and all repairs rendered necessary by the negligence of Tenant, its agents, employees, or invitees. Landlord warrants to Tenant that the structural integrity of the floors of the Premises is sufficient for uses allowable for a slab design of six (6) inches unreinforced, 4,000 psi concrete, and Landlord agrees to perform all repairs necessary due to a breach in said warranty; provided, however, that Landlord shall not be responsible for the repair of (i) any and all repairs rendered necessary by the negligence of Tenant, its agents, employees, or invitees, and (ii) any areas of the floor xxxxx Xxxxxx xxxxalls its cooler and freezer areas. In addition, with respect to the extent allowable)saw joint areas, all repairs tothis warranty is conditioned on Tenant providing a flexible epoxy joint sealer similar to Euco 700, manufactured by Euclid Chemical Company, in the saw joint locations of Tenant's fork lift traffic, with said sealer being applied during the first twelve months of the Lease term. Landlord gives to Tenant exclusive control of the Premises and shall be under no obligation to inspect said Premises. Tenant shall report in writing to Landlord any defective condition known to it within a reasonable time after learning of such condition, which Landlord is required to repair, and perform failure to so report such defects shall make Tenant responsible to Landlord for any liability incurred by Landlord by reason of such failure to report except for any repairs rendered necessary maintenanceby the negligence of Tenant, repairits agents, refurbishing and replacement work to the Propertiesemployees, and all parts thereof, in such manner as is in keeping with Comparable Buildings, including the: (a) structural elements of the Buildings, (b) mechanical (including HVAC), electrical, the plumbing and fire/life safety systems serving the Buildings in general, (c) Common Areas including the Parking Areas , (d) roofs of the Buildings, (e) exterior windows of the Buildings and (f) elevators serving the Buildingsor invitees. Landlord shall promptly make repairs warrant all construction for a period of one (considering 1) year after the nature and urgency of the repair) for which Landlord is responsibleCommencement Date. Except in emergency situations as reasonably determined by Landlord, Landlord shall provide assign to Tenant with prior notice of any entry into the Leased Premises required to effectuate the repairs all warranties including those for which Landlord is responsible equipment and shall exercise reasonable efforts to perform any such entry into the Leased Premises in a manner that is reasonably designed to minimize interference with the operation of Tenant’s business in the Leased Premises. If Landlord should fail or refuse to make such repairs, refurbishings or replacements or perform said maintenance with reasonable promptness after written notice from Tenant, then Tenant may, at its option, but without any obligation to do so, upon written notice to Landlord, cure such failure as expressed in Section 7.1(f) and recover the reasonable cost thereof from Landlord as expressed in Article XIIImechanical systems.
Appears in 1 contract
Samples: Commercial Lease Contract (United Natural Foods Inc)
Repairs by Landlord. (a) Landlord will makeshall keep and maintain, as an Operating Expense and make all needed repairs to, the Base Building and the Common Areas in good condition and repair in accordance with the standards generally applicable with respect to Comparable Buildings (any such maintenance and/or repairs for which Landlord is responsible being herein collectively called “Landlord Repairs”).
(b) If, and to the extent allowable)that, the need for any Landlord Repair arises out of any negligent or wrongful act or omission by Tenant or any Tenant Party, then Tenant, within thirty (30) days after written demand, shall pay or reimburse Landlord for all repairs tothe reasonable out-of-pocket costs incurred by Landlord in performing such repair (together with interest thereon, and perform necessary maintenanceat the Applicable Rate, repair, refurbishing and replacement work from the date incurred to the Properties, and all parts thereof, in such manner as is in keeping with Comparable Buildings, including the: (a) structural elements of the Buildings, (b) mechanical (including HVACdate so paid or reimbursed), electrical, the plumbing and fire/life safety systems serving the Buildings in general, .
(c) Common Areas including the Parking Areas , (d) roofs of the Buildings, (e) exterior windows of the Buildings and (f) elevators serving the Buildings. Landlord shall promptly make repairs all Landlord Repairs (considering the nature and urgency of the repair) for which Landlord is responsible), and perform the same in a good and workmanlike manner. Except in emergency situations as reasonably determined by Landlord, Landlord shall provide Tenant with prior notice of any entry into the Leased Premises required Access to effectuate the repairs for which Landlord is responsible and shall exercise reasonable efforts to perform any such entry into the Leased Premises in a manner that is reasonably designed to minimize interference connection with the operation making of Tenant’s business in any such repairs shall be governed by the Leased Premises. provisions of Section 4.2 above.
(d) If Landlord should fail or refuse to make such repairs, refurbishings or replacements or perform said maintenance any Landlord Repair with reasonable promptness after written notice from Tenant, then Tenant’s cure rights under Section 13.1 (b) hereof shall be applicable to the extent provided therein, and, as provided therein, Tenant may, at its option, but without any obligation may (except to do so, upon written notice to Landlord, cure such failure as expressed in the extent that the provisions of Section 7.1(f5.5(b) and hereof are applicable) recover the reasonable cost thereof from Landlord as expressed in Article XIIILandlord.
Appears in 1 contract
Repairs by Landlord. Landlord will make, as an Operating Expense (to the extent allowable), all repairs to, and perform necessary maintenance, repair, refurbishing and replacement work to the Properties, and all parts thereof, in such manner as is in keeping with Comparable Buildings, including the: (a) structural elements of the Buildings, (b) mechanical (including HVAC), electrical, the plumbing and fire/life safety systems serving the Buildings in general, (c) Common Areas including the Parking Areas Areas, (d) roofs of the Buildings, (e) exterior windows of the Buildings and (f) elevators serving the Buildings. Landlord shall promptly make repairs (considering the nature and urgency of the repair) for which Landlord is responsible. Except in emergency situations as reasonably determined by Landlord, Landlord shall provide Tenant with prior notice of any entry into the Leased Premises required to effectuate the repairs for which Landlord is responsible and shall exercise reasonable efforts to perform any such entry into the Leased Premises in a manner that is reasonably designed to minimize interference with the operation of Tenant’s business in the Leased Premises. If Landlord should fail or refuse to make such repairs, refurbishings or replacements or perform said maintenance with reasonable promptness after written notice from Tenant, then Tenant may, at its option, but without any obligation to do so, upon written notice to Landlord, cure such failure as expressed in Section 7.1(f) and recover the reasonable cost thereof from Landlord as expressed in Article XIII.
Appears in 1 contract
Samples: Master Lease Agreement (American Financial Realty Trust)
Repairs by Landlord. Landlord will make, as an Operating Expense (to the extent allowable), all repairs to, and perform necessary maintenance, repair, refurbishing and replacement work to the Properties, and all parts thereof, in such manner as is in keeping with Comparable Buildings, including the: (a) Landlord shall keep the roof, structural elements portions, the exterior of the BuildingsPremises, and Common Areas, in good and tenantable condition and repair during the Term, subject to Section 12.2, provided, however, if the need for such repair is attributable to or results from the operation or acts of Tenant or its agents, or is Tenant's responsibility, then in such case Tenant does hereby agree to and shall reimburse Landlord, on demand, for all costs and expenses incurred by Landlord with respect to such repairs, and such reimbursement obligations shall be considered additional rent.
(b) mechanical (including HVAC)As used in this Article the expression "structural portions" and "exterior of the Premises" shall not be deemed to include store front or store fronts, electricalplate glass, window cases or window frames, doors or door frames, or alterations required to comply with any Regulations, including, but not limited to, the plumbing Americans with Disabilities Act ("ADA"). It is expressly understood and fire/life safety systems agreed that Landlord shall be under no obligation to make any repairs, alterations, replacements or improvements to or upon the Premises resulting from compliance with the ADA or the mechanical equipment exclusively serving the Buildings in general, Premises at any time.
(c) Common Areas including the Parking Areas Landlord shall not in any way be liable to Tenant for failure to make repairs as herein specifically required of Landlord, (d) roofs unless Tenant has previously notified Landlord in writing of the Buildings, (e) exterior windows need for such repairs and Landlord has failed to commence said repairs within a reasonable period of the Buildings and (f) elevators serving the Buildings. Landlord shall promptly make repairs (considering the nature and urgency of the repair) for which Landlord is responsible. Except in emergency situations as reasonably determined by Landlord, Landlord shall provide Tenant with prior notice of any entry into the Leased Premises required to effectuate the repairs for which Landlord is responsible and shall exercise reasonable efforts to perform any such entry into the Leased Premises in a manner that is reasonably designed to minimize interference with the operation time following receipt of Tenant’s business in the Leased Premises. If Landlord should fail or refuse 's written notification, and has not diligently pursued said repairs to make such repairs, refurbishings or replacements or perform said maintenance with reasonable promptness after written notice from Tenant, then Tenant may, at its option, but without any obligation to do so, upon written notice to Landlord, cure such failure as expressed in Section 7.1(f) and recover the reasonable cost thereof from Landlord as expressed in Article XIIIcompletion.
Appears in 1 contract
Samples: Deed of Lease (Ciao Cucina Corp)
Repairs by Landlord. Tenant, by taking possession of the Premises, shall accept and shall be held to have accepted the Premises as suitable for the use intended by this Lease. Landlord will makeshall not be required, as an Operating Expense (after possession of the Premises has been delivered to Tenant, to make any repairs or improvements to the extent allowablePremises, except as set forth in this Lease. Except for damage caused by casualty and condemnation (which shall be governed by Section 28 and 29 below), all repairs toand subject to normal wear and tear, Landlord shall maintain in good repair the exterior walls, roof, common areas, foundation and perform necessary maintenance, repair, refurbishing and replacement work to the Properties, and all parts thereof, in such manner as is in keeping with Comparable Buildings, including the: (a) structural elements portions of the Buildings, (b) mechanical (including HVAC)Office Building and the mechanical, electrical, the plumbing and fire/life safety HVAC systems serving the Buildings Office Building (but not any special or supplemental systems installed by or on behalf of Tenant, not any Rooftop Equipment, not the Connector UPS Room (as defined in generalExhibit B) and not the Exclusive Equipment (as defined in Exhibit B)), provided (ci) Common Areas including such repairs are not caused by Tenant, Tenant's invitees or anyone in the Parking Areas employ or control of Tenant and (ii) such repairs are not necessitated by conditions existing on or prior to the date of this Lease (the “Pre-Existing Conditions”). Tenant accepts the Pre-Existing Conditions, (d) roofs and acknowledges that the continuation of Pre-Existing Conditions as of the Buildings, (e) exterior windows of Commencement Date and thereafter during the Buildings Term is not a default by Landlord in its repair and (f) elevators serving the Buildingsmaintenance obligations hereunder. Landlord shall promptly make repairs (considering the nature and urgency of the repair) for which Landlord is responsible. Except in emergency situations as reasonably determined by Landlordrepair or remedy all Pre-Existing Conditions, provided, that Landlord shall provide Tenant with prior notice of any entry into have the Leased Premises required to effectuate the repairs for which Landlord is responsible and shall exercise right, in its reasonable efforts to perform any such entry into the Leased Premises discretion exercised in a diligent manner that is reasonably designed to minimize interference consistent with the operation of Tenant’s business in a first-class building, to determine the Leased Premises. If Landlord should fail or refuse timetable and extent of repair with respect to make such repairs, refurbishings or replacements or perform said maintenance with reasonable promptness after written notice from Tenant, then Tenant may, at its option, but without any obligation to do so, upon written notice to Landlord, cure such failure as expressed in Section 7.1(f) and recover the reasonable cost thereof from Landlord as expressed in Article XIIIall Pre-Existing Conditions.
Appears in 1 contract
Samples: Lease Agreement (Healthsouth Corp)
Repairs by Landlord. (a) Landlord will makeshall keep and maintain, as an Operating Expense and make all needed repairs to, the Base Building and the Common Areas in good condition and repair in accordance with the standards generally applicable with respect to Comparable Buildings (any such maintenance and/or repairs for which Landlord is responsible being herein collectively called “Landlord Repairs”).
(b) If, and to the extent allowable)that, the need for any Landlord Repair arises out of any negligent or wrongful act or omission by Tenant or any Tenant Party, then Tenant, within thirty (30) days after written demand, shall pay or reimburse Landlord for all repairs tothe reasonable out-of- pocket costs incurred by Landlord in performing such repair (together with interest thereon, and perform necessary maintenanceat the Applicable Rate, repair, refurbishing and replacement work from the date incurred to the Properties, and all parts thereof, in such manner as is in keeping with Comparable Buildings, including the: (a) structural elements of the Buildings, (b) mechanical (including HVACdate so paid or reimbursed), electrical, the plumbing and fire/life safety systems serving the Buildings in general, .
(c) Common Areas including the Parking Areas , (d) roofs of the Buildings, (e) exterior windows of the Buildings and (f) elevators serving the Buildings. Landlord shall promptly make repairs all Landlord Repairs (considering the nature and urgency of the repair) for which Landlord is responsible), and perform the same in a good and workmanlike manner. Except in emergency situations as reasonably determined by Landlord, Landlord shall provide Tenant with prior notice of any entry into the Leased Premises required Access to effectuate the repairs for which Landlord is responsible and shall exercise reasonable efforts to perform any such entry into the Leased Premises in a manner that is reasonably designed to minimize interference connection with the operation making of Tenant’s business in any such repairs shall be governed by the Leased Premises. provisions of Section 4.2 above.
(d) If Landlord should fail or refuse to make such repairs, refurbishings or replacements or perform said maintenance any Landlord Repair with reasonable promptness after written notice from Tenant, then Tenant’s cure rights under Section 13.1(b) hereof shall be applicable to the extent provided therein, and, as provided therein, Tenant may, at its option, but without any obligation may (except to do so, upon written notice to Landlord, cure such failure as expressed in the extent that the provisions of Section 7.1(f5.5(b) and hereof are applicable) recover the reasonable cost thereof from Landlord as expressed in Article XIIILandlord.
Appears in 1 contract
Repairs by Landlord. (a) Landlord will makeshall keep the roof, as an Operating Expense (structural portions, the exterior of the Premises, parking facilities and other Common Areas, in good and tenantable condition and repair during the Term of this Lease, subject to Section 12.2, provided, however, except to the extent allowable)waived by Landlord pursuant to Section 17.4, all repairs toif the need for such repair is attributable to or results from Tenant's or its agent's negligent operation or acts, and perform necessary maintenance, repair, refurbishing and replacement work to the Properties, and all parts thereof, then in such manner as is case Tenant does hereby agree to and shall reimburse Landlord for all costs and expenses incurred by Landlord in keeping with Comparable Buildings, including the: (a) structural elements of the Buildings, respect to such repairs.
(b) As used in this Article the expression "structural portions and exteriors of the Premises" shall not be deemed to include store front or store fronts, plate glass, window cases or window frames, doors or door frames or alterations required to comply with the Americans with Disabilities Act ("ADA"). It is expressly understood and agreed that Landlord shall be under no obligation to make any repairs, alterations, replacements or improvements to and upon the Premises resulting from compliance with the ADA or the mechanical (including HVAC), electrical, the plumbing and fire/life safety systems equipment exclusively serving the Buildings Premises at any time except as in general, this Lease expressly provided.
(c) Common Areas including the Parking Areas , (d) roofs Landlord shall not in any way be liable to Tenant for failure to make repairs as herein specifically required of Landlord unless Tenant has previously notified Landlord in writing of the Buildings, (e) exterior windows need for such repairs and Landlord has failed to commence said repairs within a reasonable period of the Buildings and (f) elevators serving the Buildings. Landlord shall promptly make repairs (considering the nature and urgency of the repair) for which Landlord is responsible. Except in emergency situations as reasonably determined by Landlord, Landlord shall provide Tenant with prior notice of any entry into the Leased Premises required to effectuate the repairs for which Landlord is responsible and shall exercise reasonable efforts to perform any such entry into the Leased Premises in a manner that is reasonably designed to minimize interference with the operation time following receipt of Tenant’s business in the Leased Premises. If Landlord should fail 's written notification, or refuse has not diligently pursued said repairs to make such repairs, refurbishings or replacements or perform said maintenance with reasonable promptness after written notice from Tenant, then Tenant may, at its option, but without any obligation to do so, upon written notice to Landlord, cure such failure as expressed in Section 7.1(f) and recover the reasonable cost thereof from Landlord as expressed in Article XIIIcompletion.
Appears in 1 contract
Samples: Lease Agreement (Play Co Toys & Entertainment Corp)
Repairs by Landlord. Landlord will makeagrees to keep in good repair the Building's roof, as an Operating Expense (foundations, exterior walls, common areas, structural portions and the Building's electrical, mechanical and plumbing systems, all to the extent allowable), all repairs to, and perform necessary maintenance, repair, refurbishing and replacement work to that the Properties, and all parts thereof, in such manner as is in keeping with Comparable Buildings, including the: (a) structural elements of same affects the Buildings, (b) mechanical (including HVAC), electrical, the plumbing and fire/life safety systems serving the Buildings in general, (c) Common Areas including the Parking Areas , (d) roofs of the Buildings, (e) exterior windows of the Buildings and (f) elevators serving the BuildingsPremises. Landlord shall in no event be responsible for repairs rendered necessary by the negligence or intentional wrongful acts of Tenant, its agents, employees or invitees. Landlord shall maintain the common areas surrounding the Building, including paving, the mowing of grass, care of shrubs and general landscaping. Tenant shall promptly make repairs (considering report in writing to Landlord any defective condition in the nature and urgency of the repair) for Premises known to it which Landlord is responsiblerequired to repair. Except If Tenant fails to so report such condition, and the delay occasioned thereby increases Landlord's costs in emergency situations as reasonably determined by Landlordmaking any repairs, then Tenant shall be responsible for those additional costs. Landlord shall provide not be responsible to make any improvements or repairs to the Building other than as expressly provided in this Lease. Landlord shall not be liable for any failure to make repairs which, under the provisions of this section Landlord has undertaken to make unless Tenant with prior has given notice to Landlord of any entry into the Leased Premises required to effectuate the repairs for which Landlord is responsible and shall exercise reasonable efforts to perform any such entry into the Leased Premises in a manner that is reasonably designed to minimize interference with the operation of Tenant’s business in the Leased Premises. If Landlord should fail or refuse need to make such repairs, refurbishings and Landlord has failed to commence to make such repairs within a reasonable time after receipt of such notice, or replacements or perform said maintenance fails to proceed with reasonable promptness after written notice from Tenant, then Tenant may, at its option, but without any obligation diligence to do so, upon written notice to Landlord, cure complete such failure as expressed in Section 7.1(f) and recover the reasonable cost thereof from Landlord as expressed in Article XIIIrepairs.
Appears in 1 contract