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. 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 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 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. 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. 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. 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
Samples: Lease (Towne Services Inc)