Common use of REPAIRS; FLOOR LOAD Clause in Contracts

REPAIRS; FLOOR LOAD. Section 5.1 Landlord shall maintain and repair, in a good and workmanlike manner, the Building Systems and the public portions of the Building, both exterior and interior, and the structural elements thereof, including the roof, foundation and curtain wall. Tenant, at Tenant’s expense, shall take good care of the Premises and the fixtures, systems, equipment and appurtenances therein, and make all non-structural repairs thereto as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence and damage for which Tenant is not responsible pursuant to the provisions of Articles 10 and 11. Notwithstanding the foregoing, all damage or injury to the Premises or to any other part of the Building, or to its fixtures, equipment and appurtenances, caused by or resulting from carelessness, omission, neglect or improper conduct of, or Alterations made by Tenant, Tenant’s agents, employees or licensees, shall be repaired at Tenant’s expense, (a) by Tenant to the satisfaction of Landlord (if the required repairs are non-structural and do not affect any Building System), or (b) by Landlord (if the required repairs are structural or affect any Building System). Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property. All of such repairs shall be of quality or class equal to the original work or construction. If Tenant fails after fifteen (15) days notice to proceed with due diligence to make repairs required to be made by Tenant, Landlord may make such repairs at the expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest at the Default Rate, as Additional Rent within ten (10) days after rendition of a xxxx or statement therefor.

Appears in 4 contracts

Samples: Sublease (Switch & Data, Inc.), Agreement and Guaranty (Switch & Data, Inc.), Agreement and Guaranty (Switch & Data, Inc.)

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REPAIRS; FLOOR LOAD. Section 5.1 Landlord shall maintain and repair, in a good and workmanlike manner, the Building Systems and repair the public portions of the Building, both exterior and interior, and the structural elements thereof, including the roofroof in conformance with the standards of non-institutional office buildings in Manhattan comparable to the Building. Tenant shall, foundation and curtain wall. Tenantthroughout the Term, at Tenant’s expense, shall take good care of the Premises and the fixtures, systems, equipment fixtures and appurtenances thereintherein and at Tenant’s sole cost and expense, and make all non-structural nonstructural repairs thereto as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence tear and damage for which Tenant is not responsible pursuant under the terms of this Lease excepted. Tenant shall pay Landlord for all replacements to the provisions of Articles 10 lamps, tubes, ballasts and 11starters in the lighting fixtures installed in the Premises. Notwithstanding the foregoing, all damage or injury to the Premises or to any other part of the Building, or to its fixtures, equipment and appurtenances, whether requiring structural or nonstructural repairs, caused by or resulting from carelessness, omission, neglect or improper conduct of, of or Alterations made by Tenant, Tenant’s agentsservants, employees employees, invitees or licensees, shall be repaired promptly by Landlord at Tenant’s sole cost and expense, (a) by Tenant to the satisfaction of Landlord (if the required repairs are non-structural and do not affect any Building System), or (b) by Landlord (if the required repairs are structural or affect any Building System)Landlord. Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s Propertyfixtures, furniture or equipment. All of such the aforesaid repairs shall be of quality or class equal to the original work or constructionconstruction and shall be made in accordance with the provisions of Article 3 hereof. If Tenant fails after fifteen ten (1510) days days’ notice to proceed with due diligence to make repairs required to be made by Tenant, Landlord may make Tenant or if such repairs are structural in nature or affect a Building system, the same may be made by Landlord, at the expense of Tenant, Tenant and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest at the Default Rate, shall be collectible by Landlord as Additional Rent additional rent within ten (10) days after rendition of a xxxx or statement therefor. Tenant shall give Landlord prompt notice of any defective condition in any plumbing, electrical, air-cooling or heating system located in, servicing or passing through the Premises. Tenant shall not place a load upon any floor of the Premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law. Landlord reserves the right to prescribe the weight and position of all safes, business machines and heavy equipment and installations. Business machines and mechanical equipment shall be placed and maintained by Tenant at Tenant’s expense in settings sufficient in Landlord’s judgment to absorb and prevent vibration, noise and annoyance. Except as provided in Article 10 hereof, 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 Landlord, Tenant or others making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Building, or the Premises, or in or to fixtures, appurtenances, or equipment thereof. If the Premises are or become infested with vermin, Tenant, at Tenant’s expense, shall cause the same to be exterminated from time to time to the satisfaction of Landlord and shall employ such exterminators and such exterminating company or companies as shall be approved by Landlord. The water and wash closets and other plumbing fixtures shall not be used for any purposes other than those for which they were designed or constructed, and no sweepings, rubbish, rags, acids or other substances shall be deposited therein.

Appears in 2 contracts

Samples: Agreement of Lease (Panacea Acquisition Corp), Agreement of Lease (Panacea Acquisition Corp)

REPAIRS; FLOOR LOAD. Section 5.1 Landlord shall maintain and repair, in a good and workmanlike manner, the Building Systems and repair the public portions of the Building, both exterior and interior. Tenant shall, and throughout the structural elements thereofTerm, including the roof, foundation and curtain wall. Tenant, at Tenant’s expense, shall take good care of the Premises and the fixtures, systems, equipment fixtures and appurtenances thereintherein and at Tenant's sole cost and expense, and make all non-structural nonstructural repairs thereto as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence tear and damage for which Tenant is not responsible pursuant under the terms of this Lease excepted. Tenant shall pay Landlord for all replacements to the provisions of Articles 10 lamps, tubes, ballasts and 11starters in the lighting fixtures installed in the Premises. Notwithstanding the foregoing, all damage or injury to the Premises or to any other part of the Building, or to its fixtures, equipment and appurtenances, whether requiring structural or nonstructural repairs, caused by or resulting from carelessness, omission, neglect or improper conduct of, of or Alterations made by Tenant or any of Tenant's servants, Tenant’s agentsemployees, employees invitees or licensees, shall be repaired promptly by Tenant, at Tenant’s its sole cost and expense, (a) by Tenant to the satisfaction of Landlord (if the required repairs are non-structural and do not affect any Building System), or (b) by Landlord (if the required repairs are structural or affect any Building System)Landlord. Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property's fixtures, furniture or equipment. All of such the aforesaid repairs shall be of quality or and class equal to the original work or constructionconstruction and shall be made in accordance with the provisions of Article 3 hereof. If Tenant fails after fifteen ten (1510) days notice to proceed with due diligence to make repairs required to be made by TenantTenant hereunder, Landlord the same may make such repairs be made by Landlord, at the expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest at the Default Rate, Landlord shall be collectible by Landlord as Additional Rent within ten (10) days additional rent promptly after rendition of a xxxx or statement therefor. Tenant shall give Landlord prompt notice of any defective condition in any plumbing, electrical, air-cooling or heating system located in, servicing or passing through the Premises. Tenant shall not place a load upon any floor of the Premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law. Landlord reserves the right to prescribe the weight and position of all safes, business machines and heavy equipment and installations. Business machines and mechanical equipment shall be placed and maintained by Tenant at Tenant's expense in settings sufficient in Landlord's judgment to absorb and prevent vibration, noise and annoyance. Except as expressly provided in Article 10 hereof, 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 Landlord, Tenant or others making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Building, or the Premises, or in or to fixtures, appurtenances, or equipment thereof. If the Premises be or become infested with vermin, Tenant, at Tenant's expense, shall cause the same to be exterminated from time to time to the satisfaction of Landlord and shall employ such exterminators and such exterminating company or companies as shall be approved by Landlord. The water and wash closets and other plumbing fixtures shall not be used for any purposes other than those for which they were designed or constructed, and no sweepings, rubbish, rags, acids or other substances shall be deposited therein.

Appears in 2 contracts

Samples: Execution Original (Intralinks Inc), Execution Original (Intralinks Inc)

REPAIRS; FLOOR LOAD. Section 5.1 6.1 Landlord shall maintain and repair, in a good and workmanlike manner, the Building Systems and the public portions structural elements of the Building, both exterior and interiorincluding but not limited to, the roofs, foundations, and the structural elements curtain walls thereof, including the roofBuilding Systems serving the Building up to the point of connection to the Premises, foundation and curtain wallshall perform all maintenance and repairs of exterior of the Building, all common areas, landscaping surrounding the Building and its drives, walks and, except as expressly provided herein, parking areas and to keep and maintain the parking areas, drives, entrances and sidewalks clean and free of any unsafe conditions, including, holes, ice and debris. Tenant, at Tenant’s expense, shall take good care of the Premises, Premises Equipment, Tenant’s Property, Tenant’s Alterations and the fixtures, systems, equipment and appurtenances therein, and make all non-structural repairs thereto as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence and obsolescence, damage for which Tenant is not responsible pursuant to the provisions of Articles 10 11 and 1112 and that for which Landlord is responsible pursuant to this Lease. Notwithstanding the foregoing, subject to Section 11.3 hereof, all damage or injury to the Premises, Premises Equipment or to any other part of the Building, or to its fixtures, equipment and appurtenances, caused by or resulting from carelessness, omission, neglect or improper conduct of, or Alterations made by Tenant, Tenant’s agents, employees Tenant or licensees, any Tenant Party shall be repaired at Tenant’s expense, (a) by Tenant to the reasonable satisfaction of Landlord (Landlord, if the required repairs are non-structural and structural, do not affect any Building System)System and may be performed entirely within the Premises or any portion of the Building not occupied by any other tenant or occupant, or (b) in all other instances, by Landlord (if the required repairs are structural or affect any Building System)Landlord. Tenant also shall repair all damage to the Building Building, Premises and the Premises Equipment caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property. All of such repairs by Tenant shall be of good quality or class materials and workmanship at least equal to the original work or construction. If Tenant fails after fifteen thirty (1530) days notice to proceed with due diligence to make repairs required to be made by Tenant, Landlord may make such repairs at the expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest at the Default Rate, as Additional Rent within ten thirty (1030) days after rendition of a xxxx or statement therefor.

Appears in 2 contracts

Samples: Agreement of Lease (Emdeon Inc.), Agreement of Lease (Emdeon Inc.)

REPAIRS; FLOOR LOAD. Section 5.1 Landlord shall maintain and repair, in a good and workmanlike manner, the Building Systems and the public portions of the Building, both exterior and interior, and the structural elements thereof, including the roof, foundation and curtain wall7.1. Tenant, at Tenant’s sole cost and expense, during the Term shall take good care of the Premises and the fixtures, systems, equipment and appurtenances therein, therein (including any air-conditioning units exclusively serving the existing server room of the Premises) and make all non-structural repairs thereto as and when needed to preserve them in good working order and condition, except for (a) reasonable wear and tear, (b) obsolescence and (c) damage for which Tenant is not responsible pursuant to the provisions of Articles 10 Article 13. Except as otherwise provided in this Section 7.1, Tenant shall not be obligated to repair any Building Systems, except that Tenant shall maintain the fire and 11life safety system components (“Class E System”) within and exclusively servicing the Premises by entering into a maintenance contract with the Building’s Class E System contractor. The design and decoration of the elevator areas of each floor of the Premises and the public corridors of any floor of the Premises occupied by more than one (1) occupant shall be under the sole control of Landlord subject to the terms of this Lease. Notwithstanding any provision contained in this Lease to the foregoingcontrary, all damage or injury to the Premises Premises, and all damage or injury to any other part of the Building, or to its fixtures, equipment and appurtenancesappurtenances (including the Building Systems), whether requiring structural or non-structural repairs, caused by the moving of Tenant’s Property or caused by or resulting from carelessness, omission, neglect any act or improper conduct omission of, or Alterations made by Tenantby, Tenant or Persons Within Tenant’s agents, employees or licenseesControl, shall be repaired by Tenant, at Tenant’s sole cost and expense, (a) by Tenant to the reasonable satisfaction of Landlord (if the required repairs are non-structural in nature and do not affect any Building SystemSystems), or (b) by Landlord at Tenant’s sole cost and expense (if the required repairs are structural in nature or affect any Building SystemSystems). Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property. All of such the aforesaid repairs shall be performed in a manner and with new materials and design of class and quality or class equal to consistent with comparable office buildings in Manhattan and shall be made in accordance with the original work or constructionprovisions of Article 6. If Tenant fails shall fail, after fifteen ten (1510) days Business Days notice (or such shorter period as may be required because of an emergency), to proceed with due diligence to make repairs required to be made by Tenant, Landlord the same may make such repairs be made by Landlord, at the expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest thereon at the Default Applicable Rate, shall be paid to Landlord, as Additional Rent Rent, within ten (10) days after rendition of a xxxx or statement therefor. Tenant shall give Landlord prompt notice of any defective condition in any Building Systems located in, servicing or passing through the Premises.

Appears in 2 contracts

Samples: Agreement of Lease (Everyday Health, Inc.), Agreement of Lease (Everyday Health, Inc.)

REPAIRS; FLOOR LOAD. Section 5.1 Landlord shall maintain and repair, in a good and workmanlike manner, repair the Building Systems and the public portions of the Building, both exterior and interior, and the structural elements thereof, including the roof, foundation and curtain wall. Tenant, at Tenant’s expense, shall take good care of the Premises and the fixtures, systems, equipment and appurtenances therein, and make all non-structural repairs thereto as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence and damage for which Tenant is not responsible pursuant to the provisions of Articles 10 and 1111 hereof. Notwithstanding the foregoing, all damage or injury to the Premises or to any other part of the Building, or to its fixtures, equipment and appurtenances, caused by or resulting from carelessness, omission, neglect or improper conduct of, or Alterations made by Tenant, Tenant’s agents, employees or licensees, shall be repaired at Tenant’s expense, (a) by Tenant to the satisfaction of Landlord (if the required repairs are non-structural and do not affect any Building System), or (b) by Landlord (if the required repairs are structural or affect any Building System). Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property. All of such repairs shall be of quality or class equal to the original work or construction. If Tenant fails after fifteen (15) days notice to proceed with due diligence to make repairs required to be made by Tenant, Landlord may make such repairs at the expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest at the Default Rate, as Additional Rent within ten (10) days after rendition of a xxxx or statement therefor.

Appears in 2 contracts

Samples: Switch & Data, Inc., Switch & Data, Inc.

REPAIRS; FLOOR LOAD. Section 5.1 Landlord shall maintain and repair, in a good and workmanlike manner, repair the Building Systems and the public portions of the Building, both exterior and interior, and the structural elements thereof, including the roof, foundation and curtain wall. Tenant, at Tenant’s 's expense, shall take good care of the Premises and the fixtures, systems, equipment and appurtenances therein, and make all non-structural repairs thereto as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence and damage for which Tenant is not responsible pursuant to the provisions of Articles 10 and 1111 hereof. Notwithstanding the foregoing, all damage or injury to the Premises or to any other part of the Building, or to its fixtures, equipment and appurtenances, caused by or resulting from carelessness, omission, neglect or improper conduct of, or Alterations made by Tenant, Tenant’s 's agents, employees or licensees, shall be repaired at Tenant’s 's expense, (a) by Tenant to the satisfaction of Landlord (if the required repairs are non-structural and do not affect any Building System), or (b) by Landlord (if the required repairs are structural or affect any Building System). Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s 's Property. All of such repairs shall be of quality or class equal to the original work or construction. If Tenant fails after fifteen (15) days notice to proceed with due diligence to make repairs required to be made by Tenant, Landlord may make such repairs at the expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest at the Default Rate, as Additional Rent within ten (10) days after rendition of a xxxx or statement therefor.

Appears in 2 contracts

Samples: Agreement of Lease (Ibasis Inc), Agreement of Lease (Fibernet Telecom Group Inc\)

REPAIRS; FLOOR LOAD. Section 5.1 6.1 Landlord shall maintain and repair, in a good and workmanlike manner, repair the Building Systems and the public portions of the Building, both exterior and interior, and the structural elements thereof, including the roof, foundation and curtain wall. (Landlord’s obligation in the preceding sentence shall include an obligation to maintain the public portions of the Building in a clean and neat condition.) Tenant, at Tenant’s expense, shall take good care of the Premises and the fixtures, systems, equipment and appurtenances thereintherein that exclusively serve or benefit the Premises, and all fixtures, systems, equipment and appurtenances outside the Premises that both exclusively service the Premises or any portion thereof and are installed by or on behalf of Tenant or at Tenant’s request, and make all non-structural repairs thereto as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence and damage for which Tenant is not responsible pursuant to the provisions of Articles 10 11 and 1112. Notwithstanding the foregoingforegoing or anything contained in the following provisions of this Section or in any other provision of this Lease which may be deemed to the contrary, all Tenant’s Property, whether within or outside the Premises, including Antenna Equipment (as such term is defined in Section 10.10) and the Tenant’s HVAC System (as such term is defined in Section 10.2(c)), shall be maintained, repaired and replaced (if necessary) at Tenant’s sole cost and expense. In addition, and notwithstanding anything contained in this Section or any other provision of this Lease to the contrary, and subject to Section 11.2, all damage or injury to the Premises or to any other part of the Building, or to its fixtures, equipment and appurtenances, caused by or resulting from carelessness, omission, neglect the negligence or improper conduct willful misconduct of, or Alterations made by TenantTenant or any Tenant Party, but (except in the case of Tenant’s agentsProperty and Alterations) only to the extent not caused by the negligence or willful misconduct of Landlord or any Landlord Party (and, employees in the case of Tenant’s Property and Alterations, only to the extent not caused by the willful misconduct of Landlord or licenseesany Landlord Party), shall be repaired at Tenant’s expense, (a) by Tenant to the satisfaction of Landlord (Tenant, if the required repairs are non-structural and do not affect any Building System), subject to Landlord’s approval as and to the extent provided under Article 4, or (b) by Landlord (if the required repairs are structural or affect affect, in any material respect, any Building System). Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property. All of such repairs shall be of quality or class equal to the original work or construction. If Tenant fails after fifteen (15) days notice to proceed with due diligence to make repairs required to be made by Tenant, Landlord may make such repairs at the expense of Tenant’s expense, and Tenant shall pay the costs and expenses thereof so incurred by Landlord, with interest as well as the costs and expenses incurred by Landlord to perform the repairs described in clause (b) above, with, in both cases, at the Default Rate, as Additional Rent within ten thirty (1030) days after rendition of a xxxx bxxx or statement therefor.

Appears in 1 contract

Samples: WebMD Health Holdings, Inc.

REPAIRS; FLOOR LOAD. Section 5.1 4.1 Landlord shall maintain make all necessary repairs and repair, in a good replacements (both structural and workmanlike manner, non-structural) to the Building Systems and the public portions of the BuildingBuilding and the structural portions of the Premises, both exterior and interior, as well as latent defects in the Building and the Premises and the structural elements thereofcomponents of the Premises, including and shall operate and maintain the roof, foundation and curtain wallBuilding in conformance with standards applicable to comparable first-class office buildings in Manhattan. Tenant, at Tenant’s sole cost and expense, shall take good care of the Premises and the fixtures, systems, equipment and appurtenances therein, therein and make all non-structural nonstructural repairs thereto as and when needed to preserve them in good working order and condition, except for (i) reasonable wear and tear, obsolescence and damage for which Tenant is not responsible pursuant to the provisions of Articles 10 and 1111 hereof and (ii) damage caused by the negligence or willful misconduct of Landlord or Landlord’s employees, agents, contractors or designees. Notwithstanding the foregoing, (a) all damage or injury to the Premises or to any other part of the Building, or to its fixtures, equipment and appurtenances, whether requiring structural or nonstructural repairs, caused by or resulting from carelessness, omission, neglect the negligence or improper conduct willful misconduct of, or Alterations made by by, Tenant, Tenant’s agents, employees employees, contractors, subcontractors or licenseesmaterialmen, and not covered by Landlord’s insurance policies and any waiver of subrogation in favor of Tenant thereon, shall be repaired at Tenant’s sole reasonable cost and expense, (a) either by Tenant to the reasonable satisfaction of Landlord (if the required repairs are non-structural nonstructural in nature and do not affect any Building System), ) or (b) by Landlord (if the required repairs are structural in nature or affect any Building System)) and (b) all damage or injury to the Premises (other than Alterations) or to any other part of the Building, or to its fixtures, equipment and appurtenances, whether requiring structural or non-structural repairs, caused by or resulting from the negligence or willful misconduct of Landlord, Landlord’s agents, employees, contractors, subcontractors or materialmen, and not covered by Tenant’s insurance policies and any waiver of subrogation in favor of Landlord thereon, shall be repaired by Landlord at Landlord’s sole reasonable cost and expense. Tenant also shall repair all damage to the Building and the Premises to the extent caused by the making of any Alterations by Tenant installation or by the moving of Tenant’s Property. All of such repairs shall be of quality or class equal to the original work or construction. If Tenant fails after fifteen (15) days notice to proceed with due diligence to make repairs required to be made by Tenant, Landlord may make such repairs at the expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest at the Default Rate, as Additional Rent within ten (10) days after rendition of a xxxx or statement therefor.the

Appears in 1 contract

Samples: Agreement of Lease (Kbw, Inc.)

REPAIRS; FLOOR LOAD. Section 5.1 4.1. Landlord shall operate, maintain and repair, in a good make all necessary repairs (both structural and workmanlike manner, nonstructural) to the part of Building Systems which provide service to the Premises (but not to the distribution portions of such Building Systems located within the Premises) and the public portions of the Building, both exterior and interior, and the structural elements thereof, including the roof, foundation and curtain wallin conformance with standards applicable to first class office buildings in Manhattan. Tenant, at Tenant’s 's sole cost and expense, shall take good care of the Premises and the fixtures, systems, equipment and appurtenances therein, therein and the distribution systems and shall make all non-structural nonstructural repairs thereto as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence and damage for which Tenant is not responsible pursuant to the provisions of Articles Article 10 and 11hereof. Notwithstanding the foregoing, all damage or injury to the Premises or to any other part of the BuildingBuilding and Building Systems, or to its fixtures, equipment and appurtenances, whether requiring structural or nonstructural repairs, caused by or resulting from carelessness, omissionomission (where this Lease or applicable law imposes a duty to act), neglect or improper conduct wilful misconduct of, or Alterations made by by, Tenant, Tenant’s 's agents, employees employees, invitees or licensees, shall be repaired at Tenant’s 's sole cost and expense, (a) by Tenant to the reasonable satisfaction of Landlord (if the required repairs are non-structural nonstructural in nature and do not affect any Building System), or (b) by Landlord (if the required repairs are structural in nature or affect any Building System). Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property. All of such the aforesaid repairs shall be of first quality or and of a class equal to the original consistent with first class office building work or constructionconstruction and shall be made in accordance with the provisions of Article 3 hereof. If Tenant fails after fifteen ten (1510) days days' notice (or such shorter period as Landlord may be permitted pursuant to any Superior Lease or Mortgage or such shorter period as may be required due to an emergency) to proceed with due diligence to make repairs required to be made by Tenant, the same may be made by Landlord may make such repairs at the expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest thereon at the Default Applicable Rate, shall be forthwith paid to Landlord as Additional Rent within ten (10) days additional rent after rendition of a xxxx or bill xx statement therefor. Tenant shall give Landlord prompt notice of any defective condition in the Building or in any Building System, located in, servicing or passing through the Premises.

Appears in 1 contract

Samples: Agreement of Lease (Fibernet Telecom Group Inc\)

REPAIRS; FLOOR LOAD. Section 5.1 Landlord shall maintain and repair, in a good and workmanlike manner, the Building Systems and repair the public portions of the Building, both exterior and interior. Tenant shall, and throughout the structural elements thereofTerm, including the roof, foundation and curtain wall. Tenant, at Tenant’s expense, shall take good care of the Premises and the fixtures, systems, equipment fixtures and appurtenances thereintherein and at Tenant’s sole cost and expense, and make all non-structural nonstructural repairs thereto as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence tear and damage for which Tenant is not responsible pursuant under the terms of this Lease excepted. Tenant shall pay Landlord for all replacements to the provisions of Articles 10 lamps, tubes, ballasts and 11starters in the lighting fixtures installed in the Premises. Notwithstanding the foregoing, all damage or injury to the Premises or to any other part of the Building, or to its fixtures, equipment and appurtenances, whether requiring structural or nonstructural repairs, caused by or resulting from carelessness, omission, neglect or improper conduct of, of or Alterations made by Tenant, Tenant or any of Tenant’s agentsservants, employees employees, invitees or licensees, shall be repaired promptly by Tenant, at Tenant’s its sole cost and expense, (a) by Tenant to the satisfaction of Landlord (if the required repairs are non-structural and do not affect any Building System), or (b) by Landlord (if the required repairs are structural or affect any Building System)Landlord. Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s Propertyfixtures, furniture or equipment. All of such the aforesaid repairs shall be of quality or and class equal to the original work or constructionconstruction and shall be made in accordance with the provisions of Article 3 hereof. If Tenant fails after fifteen ten (1510) days notice to proceed with due diligence to make repairs required to be made by TenantTenant hereunder, Landlord the same may make such repairs be made by Landlord, at the expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest at the Default Rate, Landlord shall be collectible by Landlord as Additional Rent within ten (10) days additional rent promptly after rendition of a xxxx or statement therefor. Tenant shall give Landlord prompt notice of any defective condition in any plumbing, electrical, air-cooling or heating system located in, servicing or passing through the Premises. Tenant shall not place a load upon any floor of the Premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law. Landlord reserves the right to prescribe the weight and position of all safes, business machines and heavy equipment and installations. Business machines and mechanical equipment shall be placed and maintained by Tenant at Tenant’s expense in settings sufficient in Landlord’s judgment to absorb and prevent vibration, noise and annoyance. Except as expressly provided in Article 10 hereof, 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 Landlord, Tenant or others making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Building, or the Premises, or in or to fixtures, appurtenances, or equipment thereof. If the Premises be or become infested with vermin, Tenant, at Tenant’s expense, shall cause the same to be exterminated from time to time to the satisfaction of Landlord and shall employ such exterminators and such exterminating company or companies as shall be approved by Landlord. The water and wash closets and other plumbing fixtures shall not be used for any purposes other than those for which they were designed or constructed, and no sweepings, rubbish, rags, acids or other substances shall be deposited therein.

Appears in 1 contract

Samples: Agreement of Lease (Intralinks Inc)

REPAIRS; FLOOR LOAD. Section 5.1 4.1. Landlord shall operate, maintain and repair, in a good make all necessary repairs (both structural and workmanlike manner, nonstructural) to the part of Building Systems which provide service to the Premises (but not to the distribution portions of such Building Systems located within the Premises) and the public portions of the Building, both exterior and interior, and the structural elements thereof, including the roof, foundation and curtain wallin conformance with standards applicable to non-institutional first class office buildings in Manhattan. Tenant, at Tenant’s 's sole cost and expense, shall take good care of the Premises and the fixtures, systems, equipment and appurtenances therein, therein and the distribution systems and shall make all non-structural nonstructural repairs thereto as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence and damage for which Tenant is not responsible pursuant to the provisions of Articles Article 10 and 11hereof. Notwithstanding the foregoing, all damage or injury to the Premises or to any other part of the BuildingBuilding and Building Systems, or to its fixtures, equipment and appurtenances, whether requiring structural or nonstructural repairs, caused by or resulting from carelessness, omission, neglect or improper conduct of, or Alterations made by by, Tenant, Tenant’s 's agents, employees employees, invitees or licensees, shall be repaired at Tenant’s 's sole cost and expense, (a) by Tenant to the reasonable satisfaction of Landlord (if the required repairs are non-structural nonstructural in nature and do not affect any Building System), or (b) by Landlord (if the required repairs are structural in nature or affect any Building System). Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property. All of such the aforesaid repairs shall be of first quality or and of a class equal to the original consistent with non-institutional first class office building work or constructionconstruction and shall be made in accordance with the provisions of Article 3 hereof. If Tenant fails after fifteen ten (1510) days days' notice (or such shorter period as Landlord may be permitted pursuant to any Superior Lease or Mortgage or such shorter period as may be required due to an emergency) to proceed with due diligence to make or commence making repairs required to be made by Tenant, the same may be made by Landlord may make such repairs at the expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest thereon at the Default Applicable Rate, shall be forthwith paid to Landlord as Additional Rent additional rent within ten fifteen (1015) days Business Days after rendition of a xxxx or statement therefor. Tenant shall give Landlord prompt notice of any defective condition in the Building or in any Building System, located in, servicing or passing through the Premises.

Appears in 1 contract

Samples: Focal Communications Corp

REPAIRS; FLOOR LOAD. Section 5.1 Landlord shall maintain and repair, in a good and workmanlike manner, repair the Building Systems systems, public and the public structural portions of the Building, both exterior and interior, and except that Landlord shall have no responsibility to maintain or repair the structural elements thereofSupplemental Units. Tenant shall, including throughout the roofTerm, foundation and curtain wall. Tenant, at Tenant’s expense, shall take good care of the Premises and the fixtures, systems, equipment fixtures and appurtenances thereintherein and at Tenant's sole cost and expense, and make all non-structural nonstructural repairs thereto as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence tear and damage for which Tenant is not responsible pursuant under the terms of this Lease excepted. Tenant shall pay Landlord for all reasonable out-of-pocket costs for replacements to the provisions of Articles 10 lamps, tubes, ballasts and 11starters in the lighting fixtures installed in the Premises. Notwithstanding the foregoing, all damage or injury to the Premises or to any other part of the Building, or to its fixtures, equipment and appurtenances, whether requiring structural or nonstructural repairs, caused by or resulting from carelessness, omission, neglect or improper conduct of, of or Alterations made by Tenant or any of Tenant's servants, Tenant’s agentsemployees, employees invitees or licensees, shall be repaired promptly by Tenant, at Tenant’s its sole cost and expense, (a) by Tenant to the satisfaction of Landlord (if the required repairs are non-structural and do not affect any Building System), or (b) by Landlord (if the required repairs are structural or affect any Building System)Landlord. Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property's fixtures, furniture or equipment. All of such the aforesaid repairs shall be of quality or and class equal to the original work or constructionconstruction and shall be made in accordance with the provisions of Article 3 hereof. If Tenant fails after fifteen ten (1510) business days notice to proceed with due diligence to make repairs required to be made by TenantTenant hereunder, Landlord the same may make such repairs be made by Landlord, at the expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest at the Default Rate, Landlord shall be collectible by Landlord as Additional Rent within ten (10) days additional rent promptly after rendition of a xxxx or statement therefor. Tenant shall give Landlord prompt notice of any defective condition in any plumbing, electrical, air-cooling or heating system located in, servicing or passing through the Premises. Tenant shall not place a load upon any floor of the Premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law. Landlord reserves the right to reasonably prescribe the weight and position of all safes, business machines and heavy equipment and installations. Business machines and mechanical equipment shall be placed and maintained by Tenant at Tenant's expense in settings sufficient in Landlord's reasonable judgment to absorb and prevent vibration, noise and annoyance. Except as expressly provided in Article 10 hereof, 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 Landlord, Tenant or others making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Building, or the Premises, or in or to fixtures, appurtenances, or equipment thereof, except that if, because of the making, or failing to make, by Landlord of any repairs, alterations, additions or improvements in or to any portion of the Building and if, as a result thereof, Tenant is unable to occupy the Premises for Tenant's Permitted Use for a period of at least ninety (90) consecutive days (but no greater than 120 days in any 6 month period), Tenant shall have the right to terminate this Lease by delivering to Landlord at least a thirty (30) day written notice, in which event this Lease shall terminate on the date designated in such notice, provided that on such date on which the Lease is scheduled to terminate, Tenant is still unable to occupy the Premises for the Permitted Uses. If the Premises be or become infested with vermin as a result of Tenant's acts or omissions, Tenant, at Tenant's expense, shall cause the same to be exterminated from time to time to the satisfaction of Landlord and shall employ such exterminators and such exterminating company or companies as shall be reasonably approved by Landlord. If the Premises become infested with vermin as a result of Landlord's acts or omissions, Landlord shall cause the same to be exterminated as soon as is commercially reasonable. The water and wash closets and other plumbing fixtures shall not be used for any purposes other than those for which they were designed or constructed, and no sweepings, rubbish, rags, acids or other substances shall be deposited therein.

Appears in 1 contract

Samples: Agreement (Viatel Inc)

REPAIRS; FLOOR LOAD. Section 5.1 4.1. Landlord shall operate, maintain and repair, in a good make all necessary ------------ repairs (both structural and workmanlike manner, nonstructural) to the part of Building Systems which provide service to the Premises (but not to the distribution portions of such Building Systems located within the Premises with respect to which Tenant shall have performed an Alteration or repair which shall have affected such Building Systems) and the public portions of the Building, both exterior and interior, and the structural elements thereof, including the roof, foundation and curtain wallin conformance with standards applicable to non-institutional first class office buildings in Manhattan. Tenant, at Tenant’s 's sole cost and expense, shall take good care of the Premises and the fixtures, systems, equipment and appurtenances therein, therein and the distribution systems with respect to which Tenant shall have performed an Alteration or repair which shall have affected such Building Systems and shall make all non-structural nonstructural repairs thereto as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence and damage for which Tenant is not responsible pursuant to the provisions of Articles Article 10 hereof and 11damage caused by Landlord, Landlord's agents, employees or contractors. Landlord shall repair, at Landlord's sole cost and expense, all damage to the Premises caused by or resulting from the negligence of Landlord or Landlord's agents, employees or contractors. Notwithstanding the foregoing, but subject to Section 10.5 hereof, all damage or injury to the Premises or to any other part of the BuildingBuilding and Building Systems, or to its fixtures, equipment and appurtenances, whether requiring structural or nonstructural repairs, caused by or resulting from carelessnessomission (where this Lease or applicable law imposes a duty to act), omission, neglect negligence or improper conduct of, or Alterations made by by, Tenant, Tenant’s 's agents, employees employees, invitees or licensees, shall be repaired at Tenant’s 's sole cost and expense, (a) by Tenant to the reasonable satisfaction of Landlord (if the required repairs are non-structural nonstructural in nature and do not affect any Building System), or (b) by Landlord (if the required repairs are structural in nature or affect any Building System). Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property. All of such the aforesaid repairs shall be of first quality or and of a class equal to the original consistent with non-institutional first class office building work or constructionconstruction and shall be made in accordance with the provisions of Article 3 hereof. If Tenant fails after fifteen ten (1510) days days' notice (or such shorter period as Landlord may be permitted pursuant to any Superior Lease or Mortgage or such shorter period as may be required due to an emergency) to proceed with due diligence to make repairs required to be made by Tenant, the same may be made by Landlord may make such repairs at the expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest thereon at the Default Applicable Rate, shall be forthwith paid to Landlord as Additional Rent within ten (10) days additional rent after rendition of a xxxx or statement therefor. Tenant shall give Landlord prompt notice of any defective condition in the Premises, or in any Building System, located in, servicing or passing through the Premises.

Appears in 1 contract

Samples: Musicmaker Com Inc

REPAIRS; FLOOR LOAD. Section 5.1 Landlord shall maintain and repair, in a good and workmanlike manner, the Building Systems and the public portions of the Building, both exterior and interior, and the structural elements thereof, including the roof, foundation and curtain wall. 7.1 Tenant, at Tenant’s sole cost and expense, shall take good care of the Premises and the fixtures, systems, equipment and appurtenances thereintherein (including the HVAC distribution system, ie., the ductwork, VAV and controls) and make all non-structural repairs thereto as and when needed to preserve them in good working order and condition, except for (a) reasonable wear and tear, (b) obsolescence and (c) damage for which Tenant is not responsible pursuant to the provisions of Articles 10 Article 13. Except as otherwise provided in this Section 7.1, Tenant shall not be obligated to repair any exterior or structural components of the Building or Building Systems, except that Landlord, at Tenant’s expense, shall maintain the fire and 11life safety system and its components (“Class E Systems”) within the Premises by entering into a maintenance contract with the Building’s Class E System contractor. Landlord also shall enter into a maintenance contract with the Building’s Class E System contractor for the fire and life safety system and its components outside of the Premises. The design and decoration of the public corridors and elevator areas of any floor of the Premises occupied by Tenant and any other occupants that is not an affiliate of Tenant shall be under the sole control of Landlord. The design and decoration of the elevator areas of each floor of the Premises that is occupied solely by Tenant (or any other occupant that is an affiliate of Tenant) shall be subject to Landlord’s approval, not to be unreasonably withheld, conditioned or delayed. Notwithstanding any provision contained in this Lease to the foregoingcontrary, all damage or injury to the Premises Premises, and all damage or injury to any other part of the Building, or to its fixtures, equipment and appurtenancesappurtenances (including the Building Systems), whether requiring structural or non-structural repairs, caused by the moving of Tenant’s Property or caused by or resulting from carelessness, omission, neglect any act or improper conduct wrongful or negligent omission of, or Alterations made by Tenantby, Tenant or Persons Within Tenant’s agents, employees or licenseesControl, shall be repaired by Tenant, at Tenant’s sole cost and expense, (a) by Tenant to the reasonable satisfaction of Landlord (if the required repairs are non-structural in nature and do not affect any Building SystemSystems), or (b) by Landlord at Tenant’s sole cost and expense (if the required repairs are structural in nature or affect any Building SystemSystems). Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property. All of such the aforesaid repairs shall be performed in a manner and with materials and design of first class and quality or consistent with first-class equal to office buildings in Manhattan and shall be made in accordance with the original work or constructionprovisions of Article 6. If Tenant fails shall fail, after fifteen ten (1510) days notice Business Days’ Notice (or such shorter period as may be required because of an emergency), to proceed with due diligence to make repairs required to be made by Tenant, Landlord the same may make such repairs be made by Landlord, at the reasonable expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest thereon at the Default Applicable Rate, shall be paid to Landlord, as Additional Rent Rent, within ten thirty (1030) days after rendition of a xxxx or statement therefor. Tenant shall give Landlord Notice promptly after becoming aware of any defective condition in any Building Systems located in, servicing or passing through the Premises.

Appears in 1 contract

Samples: Agreement of Lease (Digitas Inc)

REPAIRS; FLOOR LOAD. Section 5.1 Landlord shall maintain and repair, in a good and workmanlike manner, the Building Systems and the public portions of the Building, both exterior and interior, and the structural elements thereof, including the roof, foundation and curtain wall7.1. Tenant, at Tenant’s sole cost and expense, shall take good care of the Premises and the fixtures, systems, equipment and appurtenances therein, therein and make all non-structural repairs thereto as and when needed to preserve them in good working order and condition, except for (a) reasonable wear and tear, (b) obsolescence and (c) damage for which Tenant is not responsible pursuant to the provisions of Articles 10 Article 13. Except as otherwise provided in this Section 7.1, Tenant shall not be obligated to repair any Building System. The design and 11decoration of the elevator areas of each floor of the Premises and the public corridors of any floor of the Premises occupied by more than one (1) occupant shall be under the sole control of Landlord. Notwithstanding any provision contained in this Lease to the foregoingcontrary, all damage or injury to the Premises Premises, and all damage or injury to any other part of the Building, or to its fixtures, equipment and appurtenancesappurtenances (including Building Systems), whether requiring structural or non-structural repairs, caused by the moving of Tenant’s Property or caused by or resulting from carelessness, omission, neglect any act or improper conduct omission of, or Alterations made by Tenantby, Tenant or Persons Within Tenant’s agents, employees or licenseesControl, shall be repaired by Tenant, at Tenant’s sole cost and expense, (a) by Tenant to the reasonable satisfaction of Landlord (if the required repairs are non-structural in nature and do not affect any Building System), or (b) by Landlord at Tenant’s sole cost and expense (if the required repairs are structural in nature or affect any Building System). Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property. All of such the aforesaid repairs shall be performed in a manner and with materials and design of first class and quality or consistent with first-class equal to office buildings in Manhattan, City and State of New York, and shall be made in accordance with the original work or constructionprovisions of Article 6. If Tenant fails shall fail, after fifteen (15) 15 days notice (or such shorter period as may be required because of an emergency), to proceed with due diligence to make repairs required to be made by Tenant, Landlord the same may make such repairs be made by Landlord, at the expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest thereon at the Default Applicable Rate, shall be paid to Landlord, as Additional Rent Rent, within ten (10) 15 days after rendition of a xxxx or statement therefor. Tenant shall give Landlord prompt notice of any defective condition known to Tenant in any Building System located in, servicing or passing through the Premises.

Appears in 1 contract

Samples: Agreement (Ampex Corp /De/)

REPAIRS; FLOOR LOAD. Section 5.1 Landlord shall maintain and repair, in a good and workmanlike manner, the Building Systems and the public portions of the Building, both exterior and interior, and the structural elements thereof, including the roof, foundation and curtain wall7.1. Tenant, at Tenant’s 's sole cost and expense, shall take good care of the Premises and the fixtures, systems, equipment and appurtenances therein, therein and make all non-structural repairs thereto as and when needed to preserve them in good working order and condition, except for (a) reasonable wear and tear, (b) obsolescence and (c) damage for which Tenant is not responsible pursuant to the provisions of Articles 10 Article 13. Except as otherwise provided in this Section 7.1, Tenant shall not be obligated to repair any Building System. The design and 11decoration of the elevator areas of each floor of the Premises and the public corridors of any floor of the Premises occupied by more than one (1) occupant shall be under the sole control of Landlord. Notwithstanding any provision contained in this Lease to the foregoingcontrary, all damage or injury to the Premises Premises, and all damage or injury to any other part of the Building, or to its fixtures, equipment and appurtenancesappur-tenances (including Building Systems), whether requiring structural or non-structural repairs, caused by the moving of Tenant's Property or caused by or resulting from carelessness, omission, neglect any act or improper conduct omission of, or Alterations made by by, Tenant or Persons Within Tenant, Tenant’s agents, employees or licensees's Control, shall be repaired by Tenant, at Tenant’s 's sole cost and expense, (a) by Tenant to the reasonable satisfaction of Landlord (if the required repairs are non-structural in nature and do not affect any Building System), or (b) by Landlord at Tenant's sole cost and expense (if the required repairs are structural in nature or affect any Building System). Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property. All of such the aforesaid repairs shall be performed in a manner and with materials and design of first class and quality or consistent with first-class equal to office buildings in Manhattan, City and State of New York, and shall be made in accordance with the original work or constructionprovisions of Article 6. If Tenant fails shall fail, after fifteen (15) 15 days notice (or such shorter period as may be required because of an emergency), to proceed with due diligence to make repairs required to be made by Tenant, Landlord the same may make such repairs be made by Landlord, at the expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest thereon at the Default Applicable Rate, shall be paid to Landlord, as Additional Rent Rent, within ten (10) 15 days after rendition of a xxxx or statement therefor. Tenant shall give Landlord prompt notice of any defective condition known to Tenant in any Building System located in, servicing or passing through the Premises.

Appears in 1 contract

Samples: Agreement of Lease (Ampex Corp /De/)

REPAIRS; FLOOR LOAD. Section 5.1 Landlord shall maintain and repair, in a good and workmanlike manner, the Building Systems and the public portions of the Building, both exterior and interior, and the structural elements thereof, including the roof, foundation and curtain wall7.1. (A) Tenant, at Tenant’s sole cost and expense, shall take good care of the Premises and the fixtures, systems, equipment and appurtenances thereintherein (including, without limitation, the AC Unit and any Supplemental AC System serving the Premises) and make all non-structural repairs thereto as and when needed to preserve them in good working order and condition, except for (a) reasonable wear and tear, (b) obsolescence and (c) damage for which Tenant is not responsible pursuant to the provisions of Articles 10 Article 13. Except as otherwise provided in this Section 7.1, Tenant shall not be obligated to repair any Building Systems and/or other items not set forth in the prior sentence. The design and 11decoration of the elevator areas of each floor of the Premises and the public corridors of any floor of the Premises occupied by more than one (1) occupant shall be under the sole control of Landlord. Notwithstanding any provision contained in this Lease to the foregoingcontrary, all damage or injury to the Premises Premises, and all damage or injury to any other part of the Building, or to its fixtures, equipment and appurtenancesappurtenances (including the Terrace and Building Systems), whether requiring structural or non-structural repairs, caused by the moving of Tenant’s Property or caused by or resulting from carelessness, omission, neglect any act or improper conduct omission of, or Alterations made by Tenantby, Tenant or Persons Within Tenant’s agents, employees or licenseesControl, shall be repaired by Tenant, at Tenant’s sole cost and expense, (a) by Tenant to the reasonable satisfaction of Landlord (if the required repairs are non-structural in nature and do not affect any Building SystemSystems), or (b) by Landlord at Tenant’s sole cost and expense (if the required repairs are structural in nature or affect any Building SystemSystems). Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property. All of such the aforesaid repairs shall be performed in a manner and with materials and design of first class and quality or consistent with first-class equal to office buildings in Manhattan and shall be made in accordance with the original work or constructionprovisions of Article 6. If Tenant fails shall fail, after fifteen ten (1510) days Business Days notice (or such shorter period as may be required because of an emergency), to proceed with due diligence to commence to make repairs required to be made by Tenant, Landlord the same may make such repairs be made by Landlord, at the reasonable expense of Tenant, and Tenant shall pay the costs and reasonable expenses thereof incurred by Landlord, with interest thereon at the Default Applicable Rate, shall be paid to Landlord, as Additional Rent Rent, within ten thirty (1030) days after rendition of a xxxx or statement therefor. Tenant shall give Landlord prompt notice of any defective condition in any Building Systems located in, servicing or passing through the Premises.

Appears in 1 contract

Samples: Agreement of Lease (Medidata Solutions, Inc.)

REPAIRS; FLOOR LOAD. Section 5.1 4.1 Landlord shall operate, maintain and repair, in a good make all necessary repairs (both structural and workmanlike manner, non-structural) to the Building Systems and the public portions of the BuildingBuilding and the structural portions of the Premises, both exterior and interior, as well as latent defects in the portions of the Building outside of the Premises and the structural elements thereofcomponents of the Premises, including the roof, foundation and curtain wallin conformance with standards applicable to comparable first-class office buildings in Manhattan. Tenant, at Tenant’s sole cost and expense, shall take good care of the Premises and the fixtures, systems, equipment and appurtenances therein, therein and make all non-structural nonstructural repairs thereto as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence and damage for which Tenant is not responsible pursuant to the provisions of Articles 10 and 1111 hereof. Notwithstanding the foregoing, all damage or injury to the Premises or to any other part of the Building, or to its fixtures, equipment and appurtenances, whether requiring structural or nonstructural repairs, caused by or resulting from carelessness, omission, neglect negligence or improper conduct of, or Alterations made by by, Tenant, Tenant’s agents, employees employees, contractors, subcontractors or licenseesmaterialmen, and not covered by Landlord’s insurance policies and any waiver of subrogation in favor of Tenant thereon, shall be repaired at Tenant’s sole reasonable cost and expense, (a) either by Tenant to the reasonable satisfaction of Landlord (if the required repairs are non-structural nonstructural in nature and do not affect any Building System), or (b) by Landlord (if the required repairs are structural in nature or affect any Building System). Tenant also shall repair all damage to the Building and the Premises to the extent caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property. All of such the aforesaid repairs shall be of first quality or and class equal to the original consistent with first-class office building work or constructionconstruction and shall be made in accordance with the provisions of Article 3 hereof. If Tenant fails after fifteen ten (1510) days’ notice (or such shorter period (but in no event less than five (5) days notice or such shorter period as may be required due to an emergency) as Landlord may be permitted pursuant to any Superior Lease or mortgage) to proceed with due diligence to make repairs required to be made by Tenant, the same may be made by Landlord may make such repairs at the reasonable expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest thereon at the Default RateApplicable Rate from the time the expense was incurred, shall be forthwith paid to Landlord as Additional Rent additional rent within ten (10) days after rendition of a xxxx bxxx or statement therefor. Tenant shall give Landlord prompt notice after discovery by Tenant of any defective condition in any Building System, located in, servicing or passing through the Premises.

Appears in 1 contract

Samples: Agreement of Lease (National Financial Partners Corp)

REPAIRS; FLOOR LOAD. Section 5.1 6.1. Landlord shall maintain and repair, in a good and workmanlike mannerrepair the Structural Components, the Building Systems and the public portions of the Building, both exterior and interior, in a good and the structural elements thereof, including the roof, foundation and curtain wallworkmanlike manner. Tenant, at Tenant’s expense, shall take good care of the Premises and the fixtures, systems, equipment and appurtenances therein, and make all non-structural repairs Repairs thereto as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence and damage for which Tenant is not responsible pursuant to the provisions of Articles 10 11, 12, and 1113. Notwithstanding the foregoing, all damage or injury to the Premises or to any other part of the Building, or to its fixtures, equipment and appurtenances, caused by or resulting from carelessness, omission, neglect the negligence or improper conduct of, willful misconduct of or Alterations made by Tenant, Tenant’s agents, employees or licensees, any Tenant Party shall be repaired at Tenant’s expense, expense (ai) by Tenant to the satisfaction of Landlord (Landlord’s satisfaction, if the required repairs Repairs are non-structural and structural, do not affect any Building System), and may be performed entirely within the Premises, or (bii) in all other instances by Landlord (if the required repairs are structural or affect any Building System)Landlord. Tenant also shall repair all any damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property. All of such repairs Repairs by Tenant shall be of quality or class and workmanship at least equal to the original work or construction. If Tenant fails after fifteen thirty (1530) days notice, or without notice in the event of an emergency involving imminent danger to persons or property, to proceed with due diligence to make repairs required to be made by Tenant, Landlord may make such repairs Repairs at the expense of Tenant’s expense, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest at the Default Rate, as Additional Rent within ten thirty (1030) days after the rendition of a xxxx or statement therefor.

Appears in 1 contract

Samples: Agreement of Lease (Telx Group, Inc.)

REPAIRS; FLOOR LOAD. Section 5.1 Landlord shall maintain and repair, in a good and workmanlike manner, the Building Systems and repair the public portions of the Building, both exterior and interior. Tenant shall, and throughout the structural elements thereofTerm, including the roof, foundation and curtain wall. Tenant, at Tenant’s expense, shall take good care of the Premises and the fixtures, systems, equipment fixtures and appurtenances thereintherein and at Tenant's sole cost and expense, and make all non-structural nonstructural repairs thereto as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence tear and damage for which Tenant is not responsible pursuant under the terms of this Lease excepted. Tenant shall pay Landlord for all replacements to the provisions lamps, tubes, ballasts and starters in the lighting fixtures installed in the Premises within ten (10) days after rendition of Articles 10 and 11a bill therefor. Notwithstanding the foregoing, all damage or injury to the tx xxe Premises or to any other part of the Building, or to its fixtures, equipment and appurtenances, whether requiring structural or nonstructural repairs, caused by or resulting from carelessness, omission, neglect or improper conduct of, of or Alterations made by Tenant or any of Tenant's servants, Tenant’s agentsemployees, employees invitees or licensees, shall be repaired promptly by Tenant, at Tenant’s its sole cost and expense, (a) by Tenant to the satisfaction of Landlord (if the required repairs are non-structural and do not affect any Building System), or (b) by Landlord (if the required repairs are structural or affect any Building System)Landlord. Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property's fixtures, furniture or equipment. All of such the aforesaid repairs shall be of quality or and class equal to the original work or constructionconstruction and shall be made in accordance with the provisions of Article 3 hereof. If Tenant fails after fifteen ten (1510) days days' notice to proceed with due diligence to make repairs required to be made by TenantTenant hereunder, Landlord the same may make such repairs be made by Landlord, at the expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest at the Default Rate, Landlord shall be collectible by Landlord as Additional Rent additional rent within ten (10) days after rendition of a xxxx bill or statement therefor. Tenant shall give Landlord prompt notice xx any defective condition in any plumbing, electrical, air-cooling or heating system located in, servicing or passing through the Premises. Tenant shall not place a load upon any floor of the Premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law. Landlord reserves the right to prescribe the weight and position of all safes, business machines and heavy equipment and installations. Business machines and mechanical equipment shall be, placed and maintained by Tenant at Tenant's expense in settings sufficient in Landlord's judgment to absorb and prevent vibration, noise and annoyance. Except as expressly provided in Article 10 hereof, 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 Landlord, Tenant or others making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Building, or the Premises, or in or to fixtures, appurtenances, or equipment thereof. If the Premises be or become infested with vermin, Tenant, at Tenant's expense, shall cause the same to be exterminated from time to time to the satisfaction of Landlord and shall employ such exterminators and such exterminating company or companies as shall be approved by Landlord. The water and wash closets and other plumbing fixtures shall not be used for any purposes other than those for which they were designed or constructed, and no sweepings, rubbish, rags, acids or other substances shall be deposited therein.

Appears in 1 contract

Samples: Bridgeline Software, Inc.

REPAIRS; FLOOR LOAD. Section 5.1 Landlord shall maintain and repair, in a good and workmanlike manner, the Building Systems and repair the public portions of the Building, both exterior and interior. Tenant shall, and throughout the structural elements thereofTerm, including the roof, foundation and curtain wall. Tenant, at Tenant’s expense, shall take good care of the Premises and the fixtures, systems, equipment fixtures and appurtenances thereintherein and at Tenant's sole cost and expense, and make all non-structural nonstructural repairs thereto as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence tear and damage for which Tenant is not responsible pursuant under the terms of this Lease excepted. Tenant shall pay Landlord for all replacements to the provisions of Articles 10 lamps, tubes, ballasts and 11starters in the lighting fixtures installed in the Premises. Notwithstanding the foregoing, all damage or injury to the Premises or to any other part of the Building, or to its fixtures, equipment and appurtenances, whether requiring structural or nonstructural repairs, caused by or resulting from carelessness, omission, neglect or improper conduct of, of or Alterations made by Tenant or any of Tenant's servants, Tenant’s agentsemployees, employees invitees or licensees, shall be repaired promptly by Tenant, at Tenant’s its sole cost and expense, (a) by Tenant to the satisfaction of Landlord (if the required repairs are non-structural and do not affect any Building System), or (b) by Landlord (if the required repairs are structural or affect any Building System)Landlord. Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property's fixtures, furniture or equipment. All of such the aforesaid repairs shall be of quality or and class equal to the original work or constructionconstruction and shall be made in accordance with the provisions of Article 3 hereof. If Tenant fails after fifteen ten (1510) days notice to proceed with due diligence to make repairs required to be made by TenantTenant hereunder, Landlord the same may make such repairs be made by Landlord, at the expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest at the Default Rate, Landlord shall be collectible by Landlord as Additional Rent within ten (10) days additional rent promptly after rendition of a xxxx or statement therefor. Tenant shall give Landlord prompt notice of any defective condition in any plumbing, electrical, air-cooling or heating system located in, servicing or passing through the Premises. Tenant shall not place a load upon any floor of the Premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed bylaw. Landlord reserves the right to prescribe the weight and position of all safes, business machines and heavy equipment and installations. Business machines and mechanical equipment shall be placed and maintained by Tenant at Tenant's expense in settings sufficient in Landlord's judgment to absorb and prevent vibration, noise and annoyance. Except as expressly provided in Article 10 hereof, 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 Landlord, Tenant or others making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Building, or the Premises, or in or to fixtures, appurtenances, or equipment thereof. If the Premises be or become infested with vermin, Tenant, at Tenant's expense, shall cause the same to be exterminated from time to time to the satisfaction of Landlord and shall employ such exterminators and such exterminating company or companies as shall be approved by Landlord. The water and wash closets and other plumbing fixtures shall not be used for any purposes other than those for which they were designed or constructed, and no sweepings, rubbish, rags, acids or other substances shall be deposited therein.

Appears in 1 contract

Samples: Execution Original (Thrupoint Inc)

REPAIRS; FLOOR LOAD. Section 5.1 4.1 Landlord shall operate, maintain and repair, in a good make all necessary repairs (both structural and workmanlike manner, non-structural) to the Building Systems and the public portions of the BuildingBuilding and the structural portions of the Premises, both exterior and interior, as well as latent defects in the portions of the Building outside of the Premises and the structural elements thereofcomponents of the Premises, including the roof, foundation and curtain wallin conformance with standards applicable to comparable first-class office buildings in Manhattan. Tenant, at Tenant’s sole cost and expense, shall take good care of the Premises and the fixtures, systems, equipment and appurtenances therein, therein and make all non-structural nonstructural repairs thereto as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence and damage for which Tenant is not responsible pursuant to the provisions of Articles 10 and 1111 hereof. Notwithstanding the foregoing, all damage or injury to the Premises or to any other part of the Building, or to its fixtures, equipment and appurtenances, whether requiring structural or nonstructural repairs, caused by or resulting from carelessness, omission, neglect negligence or improper conduct of, or Alterations made by by, Tenant, Tenant’s agents, employees employees, contractors, subcontractors or licenseesmaterialmen, and not covered by Landlord’s insurance policies and any waiver of subrogation in favor of Tenant thereon, shall be repaired at Tenant’s sole reasonable cost and expense, (a) either by Tenant to the reasonable satisfaction of Landlord (if the required repairs are non-structural nonstructural in nature and do not affect any Building System), or (b) by Landlord (if the required repairs are structural in nature or affect any Building System). Tenant also shall repair all damage to the Building and the Premises to the extent caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property. All of such the aforesaid repairs shall be of first quality or and class equal to the original consistent with first-class office building work or constructionconstruction and shall be made in accordance with the provisions of Article 3 hereof. If Tenant fails after fifteen ten (1510) days’ notice (or such shorter period (but in no event less than five (5) days notice or such shorter period as may be required due to an emergency) as Landlord may be permitted pursuant to any Superior Lease or mortgage) to proceed with due diligence to make repairs required to be made by Tenant, the same may be made by Landlord may make such repairs at the reasonable expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest thereon at the Default RateApplicable Rate from the time the expense was incurred, shall be forthwith paid to Landlord as Additional Rent additional rent within ten (10) days after rendition of a xxxx or statement therefor. Tenant shall give Landlord prompt notice after discovery by Tenant of any defective condition in any Building System, located in, servicing or passing through the Premises.

Appears in 1 contract

Samples: www.sec.gov

REPAIRS; FLOOR LOAD. Section 5.1 Landlord shall maintain and repair, in a good and workmanlike manner, the Building Systems and repair the public portions of the Building, both exterior and interior, interior and the structural elements thereofthereof except for repairs required to be performed by Tenant in accordance with the terms of this Lease. Tenant shall, including throughout the roofTerm, foundation and curtain wall. Tenant, at Tenant’s expense, shall take good care of the Premises and the fixtures, systems, equipment fixtures and appurtenances thereintherein and at Tenant's sole cost and expense, and make all non-structural nonstructural repairs thereto as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence tear and damage for which Tenant is not responsible pursuant under the terms of this Lease excepted. Tenant shall pay Landlord for all replacements to the provisions of Articles 10 lamps, tubes, ballasts and 11starters in the lighting fixtures installed in the Premises. Notwithstanding the foregoing, all damage or injury to the Premises or to any other part of the Building, or to its fixtures, equipment and appurtenances, whether requiring structural or nonstructural repairs, caused by or resulting from carelessness, omission, neglect or improper conduct of, of or Alterations made by Tenant or any of Tenant's servants, Tenant’s agentsemployees, employees invitees or licensees, shall be repaired at promptly by Tenant’s , its sole cost and expense, (a) by Tenant to the satisfaction of Landlord (if the required repairs are non-structural and do not affect any Building System), or (b) by Landlord (if the required repairs are structural or affect any Building System)Landlord. Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property's fixtures, furniture or equipment. All of such the aforesaid repairs shall be of quality or and class equal to the original work or constructionconstruction and shall be made in accordance with the provisions of Article 3 hereof. If Tenant fails after fifteen (15) days notice to proceed with due diligence to make repairs required to be made by TenantTenant hereunder, Landlord the same may make such repairs be made by Landlord, at the expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest at the Default Rate, Landlord shall be collectible by Landlord as Additional Rent within ten (10) days additional rent promptly after rendition of a xxxx or statement therefor. Tenant shall give Landlord prompt notice of any defective condition in any plumbing, electrical, air-cooling or heating system located in, servicing or passing through the Premises. Tenant shall not place a load upon any floor of the Premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law. Landlord reserves the right to prescribe the weight and position of all safes, business machines and heavy equipment and installations. Business machines and mechanical equipment shall be placed and maintained by Tenant at Tenant's expense in settings sufficient in Landlord's judgment to absorb and prevent vibration, noise and annoyance. Except as expressly provided in Article 10 hereof, 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 Landlord, Tenant or others making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Building, or the Premises, or in or to fixtures, appurtenances, or equipment thereof. If the Premises be or become infested with vermin, Tenant, at Tenant's expense, shall cause the same to be exterminated from time to time to the satisfaction of Landlord and shall employ such exterminators and such exterminating company or companies as shall be approved by Landlord. The water and wash closets and other plumbing fixtures shall not be used for any purposes other than those for which they were designed or constructed, and no sweepings, rubbish, rags, acids or other substances shall be deposited therein.

Appears in 1 contract

Samples: Execution Original (Thrupoint Inc)

REPAIRS; FLOOR LOAD. Section 5.1 Landlord shall maintain and repair, in a good and workmanlike manner, the Building Systems and repair the public portions of ------------------- the Building, both exterior and interior. Landlord shall perform such maintenance and repairs promptly, in good and workmanlike manner, and in manner so as to minimize, to the structural elements thereofextent reasonably practicable, including any interference to Tenant's use of the roofPremises, foundation and curtain wallwithout requiring the use of overtime or premium pay labor in connection therewith. TenantTenant shall, at Tenant’s expensethroughout the Term, shall take good care of the Premises and the fixtures, systems, equipment fixtures and appurtenances thereintherein and at Tenant's sole cost and expense, and make all non-structural nonstructural repairs thereto as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence tear and damage for which Tenant is not responsible pursuant under the terms of this Lease excepted. Tenant shall pay Landlord for all replacements to the provisions of Articles 10 lamps, tubes, ballasts and 11starters in the lighting fixtures installed in the Premises. Notwithstanding the foregoing, all damage or injury to the Premises or to any other part of the Building, or to its fixtures, equipment and appurtenances, whether requiring structural or nonstructural repairs, caused by or resulting from carelessness, omission, neglect or improper conduct of, of or Alterations made by Tenant, Tenant’s agents's servants, employees employees, invitees or licensees, shall be repaired promptly by Tenant, at Tenant’s its sole cost and expense, (a) by Tenant to the satisfaction of Landlord (if the required repairs are non-structural and do not affect any Building System), or (b) by Landlord (if the required repairs are structural or affect any Building System)Landlord. Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property's fixtures, furniture or equipment. All of such the aforesaid repairs shall be of quality or class equal to the original work or constructionconstruction and shall be made in accordance with the provisions of Article 3 hereof. If Tenant fails after fifteen ten (1510) days days' notice to proceed with due diligence to make repairs required to be made by Tenant, Landlord the same may make such repairs be made by Landlord, at the expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest at the Default Rate, Landlord shall be collectible by Landlord as Additional Rent within ten (10) days additional rent after rendition of a xxxx or statement therefor. Tenant shall give Landlord prompt notice of any defective condition in any plumbing, electrical, air cooling or heating system located in, servicing or passing through the Premises. Tenant shall not place load upon any floor of the Premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law. Landlord reserves the right to reasonably prescribe the weight and position of all safes, business machines and heavy equipment and installations. Business machines and mechanical equipment shall be placed and maintained by Tenant at Tenant's expense in settings sufficient in Landlord's reasonable judgment to absorb an prevent vibration, noise and annoyance. Except as provided in Article 10 hereof, there shall be no allowance to Tenant for diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord, Tenant or others making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Building, or the Premises, or in or to fixtures, appurtenances, or equipment thereof. If the Premises be or become infested with vermin, Tenant, at Tenant's expense, shall cause the same to be exterminated from time to time to the satisfaction of Landlord and shall employ such exterminators and such extermination company or companies as shall be approved by Landlord. The water and wash closets and other plumbing fixtures shall not be used for any purposes other than those for which they were designed or constructed, and no sweepings, rubbish, rags, acids or other substances shall be deposited therein.

Appears in 1 contract

Samples: Agreement of Lease (Global Broadcasting Systems Inc/Fa)

REPAIRS; FLOOR LOAD. Section 5.1 4.1. Landlord shall operate, maintain and repair, in a good make all necessary repairs (both structural and workmanlike manner, nonstructural) and replacements to (a) the Building Systems that provide service to the Premises (including the perimeter induction units in the Premises and the sprinkler riser to the point of distribution to the Premises, and specifically excluding the distribution portions of such Building Systems located within the Premises), (b) the exterior and public portions of the Building, both exterior and interior, and the structural elements thereof, interior (including the roof, roof membrane, windows, stairwells, foundation and curtain wallsupport structure of the Building), and (c) the walls, foundation, and structural support columns running through the Premises, all in conformance with standards applicable to first-class office buildings in Manhattan. Tenant, at Tenant’s sole cost and expense, shall take good care of the Premises and the fixtures, systems, equipment and appurtenances therein, including all toilets and bathrooms if any, within the Premises, and the distribution systems and shall make all non-structural nonstructural repairs thereto as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence and damage for which Tenant is not responsible pursuant to the provisions of Articles 10 and 11Article 10. Notwithstanding the foregoing, all damage or injury to the Premises or to any other part of the BuildingBuilding and Building Systems, or to its the Building’s fixtures, equipment and appurtenances, whether requiring structural or nonstructural repairs, caused by or resulting from carelessness, omission, neglect or improper conduct of, or Alterations made by by, Tenant, Tenant’s agents, employees employees, invitees or licensees, shall be repaired at Tenant’s sole cost and expense, (a) by Tenant to the reasonable satisfaction of Landlord (if the required repairs are non-structural nonstructural in nature and do not affect any Building System), or (b) by Landlord (if the required repairs are structural in nature or affect any Building System). Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property. All of such the aforesaid repairs shall be of first quality or and of a class equal to the original consistent with first class office building work or constructionconstruction and shall be made in accordance with the provisions of Article 3. If Tenant fails fails, after fifteen ten (1510) days days’ notice (or such shorter period as Landlord may be permitted pursuant to any Superior Lease or Mortgage or such shorter period as may be required due to an emergency), to proceed with due diligence to make repairs required to be made by Tenant, the same may be made by Landlord may make such repairs at the expense of Tenant, and Tenant shall pay the costs and actual out-of-pocket expenses thereof incurred by Landlord, with interest thereon at the Default Applicable Rate, shall be paid to Landlord as Additional Rent within ten (10) days Business Days after rendition of a detailed xxxx or statement therefor. Tenant shall give Landlord prompt notice of any defective condition in the Building or in any Building System, located in, servicing, or passing through, the Premises.

Appears in 1 contract

Samples: Agreement of Lease (Travelzoo Inc)

REPAIRS; FLOOR LOAD. Section 5.1 6.1 Landlord shall maintain and repair, in a good and workmanlike manner, repair the Building Systems and the public portions of the Building, both exterior and interior, and the structural elements thereof, including the roof, foundation and curtain wall. Tenant, at Tenant’s expense, shall take good care of the Premises and the fixtures, systems, equipment and appurtenances thereintherein that serve or benefit the Premises, and make all non-structural repairs thereto as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence and damage for which Tenant is not responsible pursuant to the provisions of Articles 10 11 and 1112. Notwithstanding the foregoing, and subject to Section 11.2, all damage or injury to the Premises or to any other part of the Building, or to its fixtures, equipment and appurtenances, caused by or resulting from carelessness, omission, neglect the negligence or improper conduct willful misconduct of, or Alterations made by Tenant, Tenant’s agents, employees Tenant or licensees, any Tenant Party shall be repaired at Tenant’s expense, (a) by Tenant to the satisfaction of Landlord (Tenant, if the required repairs are non-structural and do not affect any Building System), subject to Landlord’s approval as and to the extent provided under Article 4, or (b) by Landlord (if the required repairs are structural or affect affect, in any material respect, any Building System). Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property. All of such repairs shall be of quality or class equal to the original work or construction. If Tenant fails after fifteen (15) days notice to proceed with due diligence to make repairs required to be made by Tenant, Landlord may make such repairs at the expense of Tenant’s expense, and Tenant shall pay the costs and expenses thereof so incurred by Landlord, with interest at the Default Rate, as Additional Rent within ten thirty (1030) days after rendition of a xxxx bxxx or statement therefor.

Appears in 1 contract

Samples: Agreement of Lease (Doubleclick Inc)

REPAIRS; FLOOR LOAD. Section 5.1 Landlord shall operate, maintain and repair, in a good and workmanlike manner, the Building Systems and repair the public structural and mechanical portions of the Building, both exterior and interiorinterior in conformance with standards applicable to office buildings in Manhattan and all Rules and Regulations (as hereinafter defined). Tenant shall, and throughout the structural elements thereofTerm, including the roof, foundation and curtain wall. Tenant, at Tenant’s expense, shall take good care of the Premises Premises, Tenant's Equipment (as hereinafter defined) and the fixtures, systems, equipment fixtures and appurtenances thereintherein and at Tenant's sole cost and expense, and make all non-structural nonstructural repairs thereto as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence tear and damage for which Tenant is not responsible pursuant under the terms of this Lease excepted. Tenant shall pay Landlord for all replacements to the provisions of Articles 10 lamps, tubes, ballasts and 11starters in the lighting fixtures installed in the Premises at competitive prices. Notwithstanding the foregoing, all damage or injury to the Premises or to any other part of the Building, or to its fixtures, equipment and appurtenances, whether requiring structural or nonstructural repairs, caused by or resulting from carelessness, omissionacts or omissions, neglect or improper conduct of, or Alterations made by Tenant or any of Tenant's employees, Tenant’s agents, employees invitees or licensees, shall be repaired promptly by (i) Tenant, at Tenant’s its sole cost and expense, (a) by Tenant to the reasonable satisfaction of Landlord (if the required repairs are non-structural and do not affect any Building System), or (bii) by Landlord (if Landlord, at Tenant's expense, to the required extent the repairs are structural or affect any Building System)in nature. Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property's fixtures, furniture or equipment. All of such the aforesaid repairs shall be of quality or and class equal to the original work or constructionconstruction and shall be made in accordance with the provisions of Article 3 hereof. If Tenant fails after fifteen ten (1510) days notice to proceed with due diligence to make repairs required to be made by TenantTenant hereunder, Landlord the same may make such repairs be made by Landlord, at the expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest at the Default Rate, Landlord shall be collectible by Landlord as Additional Rent within ten (10) days additional rent promptly after rendition of a xxxx or statement therefor; provided however, interest shall not commence to accrue until Landlord has rendered such statement or xxxx. Tenant shall give Landlord prompt notice of any defective condition in any plumbing, electrical, air-cooling or heating system located in, servicing or passing through the Premises. Tenant shall not place a load upon any floor of the Premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law. Landlord reserves the right to reasonably prescribe the weight and position of all safes, business machines and heavy equipment and installations. Business machines and mechanical equipment shall be placed and maintained by Tenant at Tenant's expense in settings sufficient, in Landlord's reasonable judgment, to absorb and prevent vibration, noise and annoyance. Except as expressly provided in Article 10 hereof, 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 Landlord, Tenant or others making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Building, or the Premises, or in or to fixtures, appurtenances, or equipment thereof. If the Premises be or become infested with vermin, Landlord, at Landlord's expense (or at Tenant's expense if such infestation is caused by Tenant), shall cause the same to be exterminated from time to time to the satisfaction of Landlord and shall employ such exterminators and such exterminating company or companies as shall be approved by Landlord. The water and wash closets and other plumbing fixtures shall not be used for any purposes other than those for which they were designed or constructed, and no sweepings, rubbish, rags, acids or other substances shall be deposited therein.

Appears in 1 contract

Samples: Nextvenue Inc

REPAIRS; FLOOR LOAD. Section 5.1 Landlord shall maintain and repair, in a good and workmanlike manner, the Building Systems and the public portions of the Building, both exterior and interior, and the structural elements thereof, including the roof, foundation and curtain wall. 4.1 Tenant, at Tenant’s sole expense, shall maintain and take good care of the Independent Systems, the Premises and the fixtures, systems, equipment and appurtenances therein, in the Premises and make all non-structural repairs and replacements thereto as and when needed to preserve them in good working order and condition, except for (a) reasonable wear and tear, obsolescence and damage for which Tenant is not responsible pursuant to the provisions of Articles 10 and 1111 and (b) structural repairs to the Basic Construction of the Building (for which Landlord shall be responsible except as hereinafter provided). Tenant shall keep all interior glass, including, without limitation, windows, doors and skylights, clean and in good condition and repair, and Tenant shall, immediately replace any interior glass that may be damaged with glass of substantially the same kind and quality. Notwithstanding the foregoing, all damage or injury to the Premises or to any other part of the Building, or to its fixtures, windows, equipment and appurtenances, whether requiring structural or nonstructural repairs, caused by or resulting from the carelessness, omission, neglect or improper conduct of, or Alterations made by Tenantby, Tenant or Tenant’s agents, employees employees, invitees or licensees, shall be repaired at Tenant’s expense, (a) sole expense by Tenant to the satisfaction of Landlord in its reasonable discretion (if the required repairs are non-structural within the Premises and do not affect any Building Systemthe Basic Construction of the Building), or (b) by Landlord (if the required repairs are structural or outside the Premises and do not affect any Building Systemthe Basic Construction of the Building). Tenant shall also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property. All of such the aforesaid repairs shall be of the same quality or and class equal to as similar buildings in the original work or constructionBorough of Manhattan and shall be made in accordance with the provisions of Article 3. If Tenant fails after fifteen thirty (1530) days notice (or such shorter period as may be required due to an emergency or as Landlord may be limited to pursuant to any Superior Lease or Mortgage) to proceed with due diligence to make repairs required to be made by Tenant, the same may be made by Landlord may make such repairs at the expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest thereon at the Default RateApplicable Rate for the period commencing on the date Landlord actually incurs such expenditures and ending on the date of payment by Xxxxxx, shall be paid to Landlord as Additional Rent within ten (10) days after rendition of a xxxx bill or statement therefor. Tenant shall give Landlord immediate notice of any defective condition in any Building System located in, servicing or passing through the Premises.

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (Coty Inc /)

REPAIRS; FLOOR LOAD. Section 5.1 4.1 Landlord shall operate, maintain and repair, in a good make all necessary repairs (both structural and workmanlike manner, non-structural) to the Building Systems and the public portions of the BuildingBuilding and the structural portions of the Premises, both exterior and interior, as well as latent defects in the portions of the Building outside of the Premises and the structural elements thereofcomponents of the Premises, including the roof, foundation and curtain wallin conformance with standards applicable to comparable first-class office buildings in Manhattan. Tenant, at Tenant’s 's sole cost and expense, shall take good care of the Premises and the fixtures, systems, equipment and appurtenances therein, therein and make all non-structural nonstructural repairs thereto as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence and damage for which Tenant is not responsible pursuant to the provisions of Articles 10 and 1111 hereof. Notwithstanding the foregoing, all damage or injury to the Premises or to any other part of the Building, or to its fixtures, equipment and appurtenances, whether requiring structural or nonstructural repairs, caused by or resulting from carelessness, omission, neglect negligence or improper conduct of, or Alterations made by by, Tenant, Tenant’s 's agents, employees employees, contractors, subcontractors or licenseesmaterialmen, and not covered by Landlord's insurance policies and any waiver of subrogation in favor of Tenant thereon, shall be repaired at Tenant’s 's sole reasonable cost and expense, (a) either by Tenant to the reasonable satisfaction of Landlord (if the required repairs are non-structural nonstructural in nature and do not affect any Building System), or (b) by Landlord (if the required repairs are structural in nature or affect any Building System). Tenant also shall repair all damage to the Building and the Premises to the extent caused by the making of any Alterations by Tenant or by the moving of Tenant’s 's Property. All of such the aforesaid repairs shall be of first quality or and class equal to the original consistent with first class office building work or constructionconstruction and shall be made in accordance with the provisions of Article 3 hereof. If Tenant fails after fifteen ten (1510) days' notice (or such shorter period (but in no event less than five (5) days notice or such shorter period as may be required due to an emergency) as Landlord may be permitted pursuant to any Superior Lease or Mortgage) to proceed with due diligence to make repairs required to be made by Tenant, the same may be made by Landlord may make such repairs at the reasonable expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest thereon at the Default RateApplicable Rate from the time the expense was incurred, shall be forthwith paid to Landlord as Additional Rent additional rent within ten (10) days after rendition of a xxxx or statement therefor. Tenant shall give Landlord prompt notice after discovery by Tenant of any defective condition in any Building system, located in, servicing or passing through the Premises.

Appears in 1 contract

Samples: Agreement of Lease (National Financial Partners Corp)

REPAIRS; FLOOR LOAD. Section 5.1 SECTION 4.1. Landlord shall operate, maintain and repair, in a good make all necessary repairs (both structural and workmanlike manner, nonstructural) to the part of Building Systems which provide service to the Premises (but not to the distribution portions of such Building Systems located within the Premises) and the public portions of the Building, both exterior and interior, and the structural elements thereof, including the roof, foundation and curtain wallin conformance with standards applicable to non-institutional first class office buildings in Manhattan. Tenant, at Tenant’s 's sole cost and expense, shall take good care of the Premises and the fixtures, systems, equipment and appurtenances therein, therein and the distribution systems and shall make all non-structural nonstructural repairs thereto as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence and damage for which Tenant is not responsible pursuant to the provisions of Articles Article 10 and 11hereof. Notwithstanding the foregoing, all damage or injury to the Premises or to any other part of the BuildingBuilding and Building Systems, or to its fixtures, equipment and appurtenances, whether requiring structural or nonstructural repairs, caused by or resulting from carelessness, omission, neglect or improper conduct of, or Alterations made by by, Tenant, Tenant’s 's agents, employees employees, invitees or licensees, shall be repaired at Tenant’s 's sole cost and expense, (a) by Tenant to the reasonable satisfaction of Landlord (if the required repairs are non-structural nonstructural in nature and do not affect any Building System), or (b) by Landlord (if the required repairs are structural in nature or affect any Building System). Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property. All of such the aforesaid repairs shall be of first quality or and of a class equal to the original consistent with non-institutional first class office building work or constructionconstruction and shall be made in accordance with the provisions of Article 3 hereof. If Tenant fails after fifteen ten (1510) days days' notice (or such shorter period as Landlord may be permitted pursuant to any Superior Lease or Mortgage or such shorter period as may be required due to an emergency) to commence and to proceed with due diligence to make repairs required to be made by Tenant, the same may be made by Landlord may make such repairs at the expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest thereon at the Default Applicable Rate, shall be forthwith paid to Landlord as Additional Rent within ten (10) days additional rent after rendition of a xxxx or statement therefor. Tenant shall give Landlord prompt notice of any defective condition in the Building or in any Building System, located in, servicing or passing through the Premises.

Appears in 1 contract

Samples: NBC Internet Inc

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REPAIRS; FLOOR LOAD. Section 5.1 4.1 Landlord shall operate, maintain and repair, in a good make all necessary repairs (both structural and workmanlike manner, nonstructural) to the part of Building Systems which provide service to the Premises (but not to the distribution portions of such Building Systems located within the Premises) and the public portions of the Building, both exterior and interior, and the structural elements thereof, including the roof, foundation and curtain wallin conformance with standards applicable to non-institutional first class office buildings in Manhattan. Tenant, at Tenant’s 's sole cost and expense, shall take good care of the Premises and the fixtures, systemsequipment, equipment Alterations and appurtenances therein, therein and the distribution systems and shall make all non-structural repairs thereto as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence and damage for which Tenant is not responsible pursuant to the provisions of Articles 10 and 11. Notwithstanding the foregoing, all damage or injury to the Premises or to any other part of the BuildingBuilding and Building Systems, or to its fixtures, equipment and appurtenances, whether requiring structural or nonstructural repairs, caused by or resulting from carelessness, omissionnegligent acts or omissions, neglect or improper conduct of, or Alterations made by by, Tenant, Tenant’s 's agents, employees employees, invitees or licensees, shall be repaired at Tenant’s 's sole cost and expense, by (ai) by Tenant to the reasonable satisfaction of Landlord (if the required repairs are non-structural nonstructural in nature and do not affect any Building System), or (bii) by Landlord (if the required repairs are structural in nature or affect any Building System). Tenant also Landlord shall repair all damage be responsible for repairs in the Building necessitated by the negligent acts or omissions or willful misconduct of Landlord, or its agents, employees or contractors, subject to the Building and the Premises caused by the making provisions of any Alterations by Tenant or by the moving of Tenant’s PropertySection 10.5 hereof. All of such the aforesaid repairs shall be of good quality or and of a class equal to the original consistent with non-institutional first class office building work or constructionconstruction and shall be made in accordance with the provisions of Article 3 hereof. If Tenant fails after fifteen ten (1510) days days' notice (or such shorter period as may be required due to an emergency) to proceed with due diligence to make repairs required to be made by Tenant, the same may be made by Landlord may make such repairs at the expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest thereon at the Default Applicable Rate, shall be forthwith paid to Landlord as Additional Rent within ten (10) days additional rent after rendition of a xxxx or statement therefor. Tenant shall give Landlord prompt notice of any defective condition in the Building or in any Building System, located in, servicing or passing through the Premises, as soon as Tenant becomes aware of same.

Appears in 1 contract

Samples: Agreement of Lease (BLC Financial Services Inc)

REPAIRS; FLOOR LOAD. Section 5.1 (a) Landlord shall maintain in condition customary for buildings similar to the Building in Manhattan, and repairshall repair and replace, in a good and workmanlike mannerto the extent necessary to achieve such condition, the Building Systems and the public portions of the Building, both exterior and interior, and the structural elements thereof, including the roof, foundation and curtain wall. Tenant, at Tenant’s 's expense, shall take good care of the Premises and the fixtures, systems, equipment and appurtenances therein, and make all non-structural repairs thereto as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence and damage for which Tenant is not responsible pursuant to the provisions of Articles 10 11 and 1112. Tenant shall throughout the Term, at Tenant's sole cost and expense, cause the Premises to be exterminated on a periodic basis such that the Premises and adjoining portions of the Building do not become infested with vermin, employing such exterminators and such exterminating company or companies as shall be reasonably acceptable to Landlord. Landlord shall throughout the Term maintain Landlord's standard vermin extermination program in the Building's public areas. Notwithstanding the foregoing, all damage or injury to the Premises or to any other part of the Building, or to its fixtures, equipment and appurtenances, caused by or resulting from carelessness, omission, neglect negligence or improper conduct misconduct of, or Alterations made by Tenantby, Tenant’s agents, employees Tenant or licensees, any Tenant Party shall be repaired at Tenant’s 's expense, (a) by Tenant to the satisfaction of Landlord (if the required repairs are non-structural and do not affect any Building System), or (b) by Landlord (if the required repairs are structural or affect any Building System). Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s 's Property. All of such repairs shall be of quality or class equal to the original work or construction. If Tenant fails after fifteen twenty (1520) days days' notice to proceed with due diligence to make repairs required to be made by Tenant, Landlord may make such repairs at the expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest at the Default Rate, as Additional Rent within ten fifteen (1015) days after rendition of a xxxx or statement therefor.

Appears in 1 contract

Samples: Agreement of Lease (Barnesandnoble Com Inc)

REPAIRS; FLOOR LOAD. Section 5.1 Landlord 5.01. Tenant shall maintain and repair, in a good and workmanlike manner, the Building Systems and the public portions of the Building, both exterior and interior, and the structural elements thereof, including the roof, foundation and curtain wall. Tenantmake, at Tenant’s 's cost and expense, shall take good care of all nonstructural repairs to the Demised Premises and the fixtures, systems, equipment and appurtenances therein, and make all non-structural repairs thereto therein as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence and damage for which Tenant is not responsible pursuant to from the provisions of Articles 10 and 11elements, fire or other casualty excepted. Notwithstanding the foregoing, all damage or injury to the Premises or to any other part of the Building, or to its fixtures, equipment and appurtenancesappurtenances in the Demised Premises, whether requiring structural or nonstructural repairs, caused by or resulting from carelessness, omission, neglect the acts or improper conduct of, negligence of Tenant (except fire or Alterations made other damage caused by Tenant's acts or negligence, Tenant’s agents, employees if the fire or licenseesother all-risk insurance policies carried (or which are required to be carried hereunder) by Landlord are not or would not be invalidated by this provision as and to the extent provided in Section 7.08), shall be repaired promptly by Tenant at Tenant’s its sole cost and expense, (a) reasonable wear and tear, obsolescence and damage and repairs for which Tenant is not responsible under the terms of this Lease excepted. All damage or injury to the fixtures, equipment and appurtenances in the Demised Premises or thereto caused by Tenant to the satisfaction moving property in or out of Landlord (if the required repairs are non-structural and do not affect any Building System), or (b) by Landlord (if the required repairs are structural or affect any Building System). Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving installation or removal of furniture, fixtures or other property, and for which Landlord has not been or will not be reimbursed by insurance required to be or otherwise maintained by Landlord or Tenant’s Property. All of such repairs , shall be of repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be reasonably comparable in quality or class equal to the original work or constructioninstallations. If Tenant fails after fifteen to make any repairs, restorations or replacements referred to in this Section 5.01, Landlord may serve notice of such failure on Tenant and of Landlord's intention to enforce its rights pursuant to this sentence, and if Tenant fails to make such repairs, restorations, or replacements or to diligently commence efforts to make such repairs, restorations or replacements within twenty (1520) days notice of the giving of such notice, they may be made by Landlord at the reasonable expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within thirty (30) days after submission to proceed with due diligence to make Tenant of a xxxx therefor. Furthermore, any of the aforesaid repairs required to be made by TenantTenant may, at the election of Landlord may make be made solely by Landlord if the required repairs, restorations or replacements are structural in nature or affect any Building System or any portion of the Building outside of the Demised Premises, in which event such repairs shall be made at the reasonable expense of Tenant, Tenant and Tenant shall pay the costs and expenses reasonable cost thereof incurred by Landlord, with interest at Landlord shall be paid to Landlord as additional rent within thirty (30) days after submission of the Default Rate, as Additional Rent xxxx therefor. Such election by Landlord shall be made within ten (10) days after rendition of a xxxx Landlord is notified by Tenant or statement thereforotherwise has actual knowledge that such repair, restoration or replacement is required, by notice given to Tenant, failing which it shall be deemed that Landlord has elected to perform such repair.

Appears in 1 contract

Samples: Agreement (Bankers Trust New York Corp)

REPAIRS; FLOOR LOAD. Section 5.1 4.1 Landlord shall operate, maintain and repair, in a good make all necessary repairs (both structural and workmanlike manner, nonstructural) to any part of the Building Systems which provide service to the Premises (but not to the distribution portions of any such Building Systems located within the Premises unless any damage or injury thereto is caused by Landlord), the exterior and structural portions of the Building, windows and window frames, the core lavatories, and the public portions and common areas of the Building, both exterior and interior, and the structural elements thereof, including the roof, foundation and curtain wallin conformance with standards applicable to non-institutional first class (Class A) office buildings in Manhattan. Tenant, at Tenant’s sole cost and expense, shall take good care of the Premises (except with respect to the core lavatories located within the Premises), and the fixtures, systems, equipment and appurtenances therein, therein and the distribution systems and shall make all non-structural nonstructural repairs thereto as and when needed to preserve them in to good working working, order and condition, except for reasonable wear and tear, obsolescence and damage for which Tenant is not responsible pursuant to the provisions of Articles Article 10 and 11hereof (provided, however, that Tenant shall not be obligated to take good care of, or to make such nonstructural repairs to, any portion of Landlord’s Post-Commencement Date Work until it has been completed). Notwithstanding the foregoing, all damage or injury to the Premises or to any other part of the BuildingBuilding and Building Systems, or to its fixtures, equipment and appurtenances, whether requiring structural or nonstructural repairs, caused by or resulting from carelessness, omission, neglect or improper conduct of, or Alterations made by by, Tenant, Tenant’s agents, employees or licensees, shall be repaired at Tenant’s sole cost and expense, (a) by Tenant to the reasonable satisfaction of Landlord (if the required repairs are non-structural nonstructural in nature and do not affect any Building System), or (b) by Landlord (if the required repairs are structural in nature or affect any Building System). Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property. All of such the aforesaid repairs shall be of first quality or and of a class equal to the original consistent with non-institutional first class (Class A) office building work or constructionconstruction and shall be performed as an Alteration in accordance with the provisions of Article 3 hereof. If Tenant fails after fifteen ten (1510) days days’ notice (or such longer period as Landlord may be permitted pursuant to any Superior Lease or Mortgage or such shorter period as may be required due to an emergency) to proceed with due diligence to make repairs required to be made by Tenant, the same may be made by Landlord may make such repairs after a two (2) Business Day second notice to Tenant at the expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest thereon at the Default Applicable Rate, shall be forthwith paid to Landlord as Additional Rent within ten (10) days additional rent after rendition of a xxxx bxxx or statement therefor. Tenant shall give Landlord notice of any defective condition to the Building or in any Building System, located in, servicing or passing through the Premises, promptly after Tenant first learns thereof.

Appears in 1 contract

Samples: Agreement of Lease (Coty Inc /)

REPAIRS; FLOOR LOAD. Section SECTION 5.1 (a) Landlord shall maintain in working order and repair, in a good and workmanlike manner, shall repair the Building Systems and the public portions of the Building, both exterior and interior, and the structural elements thereof, including the roof, foundation and curtain wall. Tenant, at Tenant’s 's expense, shall take good care of the Premises and the fixtures, systems, equipment and appurtenances therein, and make all non-structural repairs thereto as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence and damage for which Tenant is not responsible pursuant to the provisions of Articles 10 and 11. Notwithstanding the foregoing, but subject to the provisions of Section 10.2(b), all damage or injury to the Premises or to any other part of the Building, or to its fixtures, equipment and appurtenances, caused by or resulting from carelessness, omission, neglect or improper conduct of, or Alterations made by Tenant, Tenant’s 's agents, employees or licensees, shall be repaired at Tenant’s 's expense, (ai) by Tenant to the satisfaction of Landlord (if the required repairs are non-structural and do not affect any Building System), or (bii) by Landlord (if the required repairs are structural or affect any Building System). Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s 's Property. All of such repairs shall be of quality or class equal to the original work or construction. If Tenant fails after fifteen (15) days notice to proceed with due diligence to make repairs required to be made by Tenant, Landlord may make such repairs at the expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest at the Default Rate, as Additional Rent within ten (10) days after rendition of a xxxx or bill xx statement therefor.

Appears in 1 contract

Samples: Agreement of Lease (Abovenet Communications Inc)

REPAIRS; FLOOR LOAD. Section 5.1 Landlord shall maintain and repair, in a good and workmanlike manner, the Building Systems and the public portions of the Building, both exterior and interior, and the structural elements thereof, including the roof, foundation and curtain wall7.1. (A) (i) Tenant, at Tenant’s sole cost and expense, shall take good care of the Premises (including the interior and exterior of the storefront to be installed by Tenant) and the fixtures, systems, equipment and appurtenances thereintherein (including, without limitation, the Exclusive Elevators (subject to Section 7.3), Tenant’s AC System (including the cooling tower and AC Units), the Generator, the Communications Equipment and any Supplemental AC System serving the Premises) and make all non-structural repairs thereto as and when needed to preserve them in good working order and condition, except for (a) reasonable wear and tear, (b) obsolescence and (c) damage for which Tenant is not responsible pursuant to the provisions of Articles 10 Article 13. Except as otherwise provided in this Section 7.1, Tenant shall not be obligated to repair any Building Systems. The design and 11decoration of the elevator areas of each floor of the Premises and the public corridors of any floor of the Premises occupied by more than one (1) occupant shall be under the sole control of Landlord. Notwithstanding any provision contained in this Lease to the foregoingcontrary, all damage or injury to the Premises Premises, and all damage or injury to any other part of the BuildingBuilding (including the Terrace), or to its fixtures, equipment and appurtenancesappurtenances (including the Building Systems), whether requiring structural or non-structural repairs, caused by the moving of Tenant’s Property or resulting from carelessness, omission, neglect or improper conduct of, or caused by Alterations made by Tenant, Tenant or Persons Within Tenant’s agents, employees or licenseesControl, shall be repaired by Tenant, at Tenant’s expense, (a) by Tenant to the satisfaction of Landlord sole but reasonable cost and expense (if the required repairs are non-structural in nature and do not affect any Building SystemSystems), or (b) by Landlord at Tenant’s sole but reasonable cost and expense (if the required repairs are structural in nature or affect any Building SystemSystems). Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property. All of such the aforesaid repairs shall be performed in a manner of first class and quality or consistent with first-class equal to office buildings in Manhattan, in accordance with the original work or constructionprovisions of Article 6, and with materials and design existing immediately before the occurrence of any such damage which repairs shall be made. If Tenant fails shall fail, after fifteen thirty (1530) days days’ written notice (or such shorter period as may be required because of an emergency), to proceed with due diligence to make repairs required to be made by Tenant, Landlord the same may make such repairs be made by Landlord, at the reasonable expense of Tenant, and Tenant shall pay the costs and reasonable out of pocket expenses thereof incurred by Landlord, with interest thereon at the Default Applicable Rate, shall be paid to Landlord, as Additional Rent Rent, within ten thirty (1030) days after rendition of a xxxx or statement therefor. Tenant shall give Landlord prompt notice of any defective condition to which it becomes aware in any Building Systems located in, servicing or passing through the Premises.

Appears in 1 contract

Samples: Agreement of Lease (Squarespace, Inc.)

REPAIRS; FLOOR LOAD. Section 5.1 6.1 Landlord shall maintain in good working order and repair, in a good condition and workmanlike manner, repair the Building Systems and the public portions of the Building, both exterior and interior, and the structural elements thereof, including the roof, foundation and curtain wallwall (all of the foregoing, "Landlord Repairs"). Tenant, at Tenant’s 's expense, shall take good care of the Premises and the fixtures, systems, equipment and appurtenances therein, and make all non-non- structural repairs thereto as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence and damage for which Tenant is not responsible pursuant to the provisions of Articles 10 11, 12 and 1113. Notwithstanding the foregoing, but subject to the provisions of Section 11.2(a)), all damage or injury to the Premises or to any other part of the Building, or to its fixtures, equipment and appurtenances, caused by arising from the negligence or resulting from carelessness, omission, neglect or improper conduct of, willful misconduct of or Alterations made by Tenant, Tenant’s agents, employees Tenant or licenseesany Tenant Party, shall be repaired at Tenant’s 's expense, (a) by Tenant to the reasonable satisfaction of Landlord (Landlord, if the required repairs are non-structural and non- structural, do not materially affect any Building System, may be performed entirely within the Premises (except for minor access to utility rooms and closets, vaults and risers), and do not adversely affect any portion of the Building outside the Premises, or (b) in all other instances, by Landlord (if the required repairs are structural or affect any Building System)Landlord. Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s 's Property. All of such repairs shall be of quality or class equal to the original work or construction. If Tenant fails after fifteen (15) days notice to proceed with due diligence to make repairs required to be made by Tenant, Landlord may make such repairs at the expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest at the Default Rate, as Additional Rent within ten (10) days after rendition of a xxxx or statement therefor.

Appears in 1 contract

Samples: Digital Island Inc

REPAIRS; FLOOR LOAD. Section 5.1 6.1 Landlord shall maintain and repair, in a good and workmanlike manner, the Building Systems and the public portions structural elements of the Building, both exterior including the roofs, foundations and interiorcurtain walls thereof, and the structural elements thereof, including Building Systems serving the roof, foundation and curtain wallBuilding up to the point of connection to the Premises. Tenant, at Tenant’s expense, shall take good care of the Premises, Premises Equipment, Tenant’s Equipment, Tenant’s Alterations and the fixtures, systems, equipment and appurtenances therein, and make all structural and non-structural repairs (other than those repairs specifically identified as Landlord responsibilities above) thereto as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence and damage for which Tenant is not responsible pursuant to the provisions of Articles 10 11 and 1112. Notwithstanding the foregoing, all damage or injury to the Premises, Premises Equipment or to any other part of the Building, or to its fixtures, equipment and appurtenances, caused by or resulting from carelessness, omission, neglect the negligence or improper conduct of, willful misconduct of or Alterations made by Tenant, Tenant’s agents, employees Tenant or licensees, any Tenant Party shall be repaired at Tenant’s expense, (a) by Tenant to the satisfaction of Landlord (Landlord, if the required repairs are non-structural and structural, do not affect any Building System), and may be performed entirely within the Premises, or (b) in all other instances, by Landlord (if the required repairs are structural or affect any Building System)Landlord. Tenant also shall repair all damage to the Building Building, Premises and the Premises Equipment caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property. All of such repairs by Tenant shall be of first quality or class materials and workmanship at least equal to the original work or construction. If Tenant fails after fifteen (15) days notice to proceed with due diligence to make repairs required to be made by Tenant, Landlord may make such repairs at the expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest at the Default Rate, as Additional Rent within ten (10) days after rendition of a xxxx bxxx or statement therefortherefore.

Appears in 1 contract

Samples: Agreement and Guaranty (Rackspace Inc)

REPAIRS; FLOOR LOAD. Section 5.1 Landlord shall maintain and repair, in a good and workmanlike manner, the Building Systems and repair the public portions of the Building, both exterior and interior, and the structural elements thereofportions of the Building, including the roofroof of the Building and all Building Systems up to their point of entry to the Premises. Tenant shall, foundation and curtain wall. Tenantthroughout the Term, at Tenant’s expense, shall take good care of the Premises Premises, the fixtures and appurtenances therein and the fixtures, systems, equipment and appurtenances thereinBuilding Systems located in the Premises, and at Tenant’s sole cost and expense, make all non-structural nonstructural repairs thereto as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence tear and damage for which Tenant is not responsible pursuant to under the provisions terms of Articles 10 and 11this Lease excepted. Notwithstanding the foregoingIn addition, all damage or injury to the Premises or to any other part of the Building, or to its fixtures, equipment and appurtenances, whether requiring structural or nonstructural repairs, caused by or resulting from carelessness, omission, neglect or improper conduct of, or any Alterations made by Tenant, TenantTenant or any Tenant Party’s agents, employees acts or licenseesomissions, shall be repaired promptly by Tenant, at Tenant’s its sole cost and expense, (a) by Tenant to the reasonable satisfaction of Landlord (if the required repairs are non-structural and do not affect any Building System), or (b) by Landlord (if the required repairs are structural or affect any Building System). Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s PropertyLandlord. All of such the aforesaid repairs shall be of quality or and class equal to the original work or constructionconstruction and shall be made in accordance with the provisions of Article 4 hereof. Tenant shall give Landlord prompt notice of any defective condition in any plumbing, electrical, air-cooling or heating system located in, servicing or passing through the Premises. Tenant shall not place a load upon any floor of the Premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law. Landlord reserves the right to prescribe the weight and position of all safes, business machines and heavy equipment and installations. Business machines and mechanical equipment shall be placed and maintained by Tenant at Tenant’s expense in settings sufficient in Landlord’s reasonable judgment to absorb and prevent vibration, noise and annoyance. Except as may be expressly provided herein, 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 Landlord, Tenant or others making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Building, or the Premises, or in or to fixtures, appurtenances, or equipment thereof. If Tenant fails after fifteen (15) days notice to proceed the Premises be or become infested with due diligence to make repairs required vermin, Tenant, at Tenant’s expense, shall cause the same to be made by Tenant, exterminated from time to time to the satisfaction of Landlord may make and shall employ such repairs at the expense of Tenant, exterminators and Tenant such exterminating company or companies as shall pay the costs and expenses thereof incurred be approved by Landlord, with interest at the Default Rate, as Additional Rent within ten (10) days after rendition of a xxxx or statement therefor.

Appears in 1 contract

Samples: Agreement of Lease (Relmada Therapeutics, Inc.)

REPAIRS; FLOOR LOAD. Section 5.1 Landlord shall operate, maintain and repair, in a good and workmanlike manner, the Building Systems and repair the public structural and mechanical portions of the Building, both exterior and interiorinterior in conformance with standards applicable to office buildings in Manhattan and all Rules and Regulations (as hereinafter defined). Tenant shall, and throughout the structural elements thereofTerm, including the roof, foundation and curtain wall. Tenant, at Tenant’s expense, shall take good care of the Premises Premises, Tenant's Equipment (as hereinafter defined) and the fixtures, systems, equipment fixtures and appurtenances thereintherein and at Tenant's sole cost and expense, and make all non-structural nonstructural repairs thereto as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence tear and damage for which Tenant is not responsible pursuant under the terms of this Lease excepted. Tenant shall pay Landlord for all replacements to the provisions of Articles 10 lamps, tubes, ballasts and 11starters in the lighting fixtures installed in the Premises at competitive prices. Notwithstanding the foregoing, all damage or injury to the Premises or to any other part of the Building, or to its fixtures, equipment and appurtenances; whether requiring structural or nonstructural repairs, caused by or resulting from carelessness, omissionacts or omissions, neglect or improper conduct of, or Alterations made by Tenant or any of Tenant's employees, Tenant’s agents, employees invitees or licensees, shall be repaired promptly by (i) Tenant, at Tenant’s its sole cost and expense, (a) by Tenant to the reasonable satisfaction of Landlord (if the required repairs are non-structural and do not affect any Building System), or (bii) by Landlord (if Landlord, at Tenant's expense, to the required extent the repairs are structural or affect any Building System)in nature. Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property's fixtures, furniture or equipment. All of such the aforesaid repairs shall be of quality or and class equal to the original work or constructionconstruction and shall be made in accordance with the provisions of Article 3 hereof. If Tenant fails after fifteen ten (1510) days notice to proceed with due diligence to make repairs required to be made by TenantTenant hereunder, Landlord the same may make such repairs be made by Landlord, at the expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest at the Default Rate, Landlord shall be collectible by Landlord as Additional Rent within ten (10) days additional rent promptly after rendition of a xxxx or statement therefor; provided however, interest shall not commence to accrue until Landlord has rendered such statement or xxxx. Tenant shall give Landlord prompt notice of any defective condition in any plumbing, electrical, air-cooling or heating system located in, servicing or passing through the Premises. Tenant shall not place a load upon any floor of the Premises exceeding the floor load per square foot area which such floor was .designed to carry and which is allowed by law. Landlord reserves the right to reasonably prescribe the weight and position of all safes, business machines and heavy equipment and installations. Business machines and mechanical equipment shall be placed and maintained by Tenant at Tenant's expense in settings sufficient, in Landlord's reasonable judgment, to absorb and prevent vibration, noise and annoyance. Except as expressly provided in Article 10 hereof, 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 Landlord, Tenant or others making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Building, or the Premises, or in or to fixtures, appurtenances, or equipment thereof. If the Premises be or become infested with vermin, Landlord, at Landlord's expense (or at Tenant's expense if such infestation is caused by Tenant), shall cause the same to be exterminated from time to time to the satisfaction of Landlord and shall employ such exterminators and such exterminating company or companies as shall be approved by Landlord. The water and wash closets and other plumbing fixtures shall not be used for any purposes other than those for which they were designed or constructed, and no sweepings, rubbish, rags, acids or other substances shall be deposited therein.

Appears in 1 contract

Samples: Lease Agreement (Talkpoint Communications Inc)

REPAIRS; FLOOR LOAD. Section 5.1 4.1. Landlord shall operate, maintain and repair, in a good make all necessary repairs (both structural and workmanlike manner, nonstructural) to the part of Building Systems which provide service to the Premises (but not to the distribution portions of such Building Systems located within the Premises) and the public portions of the Building, both exterior and interior, and the structural elements thereof, including the roof, foundation and curtain wallin conformance with standards applicable to non-institutional first class office buildings in Manhattan. Tenant, at Tenant’s 's sole cost and expense, shall take good care of the Premises and the fixtures, systems, equipment and appurtenances therein, therein and the distribution systems and shall make all non-structural nonstructural repairs thereto as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence and damage for which Tenant is not responsible pursuant to the provisions of Articles Article 10 and 11hereof. Notwithstanding the foregoing, all damage or injury to the Premises or to any other part of the BuildingBuilding and Building Systems, or to its fixtures, equipment and appurtenances, whether requiring structural or nonstructural repairs, to the extent caused by or resulting from carelessness, omissionomission (where this Lease or applicable law imposes a duty to act), neglect or improper conduct of, or Alterations made by by, Tenant, Tenant’s 's agents, employees employees, invitees or licensees, shall be repaired at Tenant’s 's sole cost and expense, (a) by Tenant to the reasonable satisfaction of Landlord (if the required repairs are non-structural nonstructural in nature and do not affect any Building System), or (b) by Landlord (if the required repairs are structural in nature or affect any Building System). Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property. All of such the aforesaid repairs shall be of a quality or and of a class equal to the original consistent with non-institutional first class office building work or constructionconstruction and shall be made in accordance with the provisions of Article 3 hereof. If Tenant fails after fifteen ten (1510) days days' notice (or such shorter period as Landlord may be permitted pursuant to any Superior Lease or Mortgage or such shorter period as may be required due to an emergency) to proceed with due diligence to make repairs required to be made by Tenant, the same may be made by Landlord may make such repairs at the expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest thereon at the Default Applicable Rate, shall be paid to Landlord as Additional Rent additional rent within ten twenty (1020) days after rendition of a xxxx or statement therefor. Tenant shall give Landlord prompt notice of any defective condition in the Building or in any Building System, located in, servicing or passing through the Premises.

Appears in 1 contract

Samples: Agreement (General Media Inc)

REPAIRS; FLOOR LOAD. Section 5.1 Landlord shall maintain and repair, in a good and workmanlike manner, the Building Systems and the public portions of the Building, both exterior and interior, and the structural elements thereof, including the roof, foundation and curtain wall. 7.1 Tenant, at Tenant’s sole cost and expense, shall take good care of the Premises and the fixtures, systems, equipment and appurtenances therein, therein and make all non-structural repairs thereto as and when needed to preserve them in good working order and condition, except for (a) reasonable wear and tear, (b) obsolescence and (c) damage for which Tenant is not responsible pursuant to the provisions of Articles 10 Article 13. Except as otherwise provided in this Section 7.1, Tenant shall not be obligated to repair any exterior or structural components of the Building or the Building Systems, except that Tenant shall maintain the fire and 11life safety systems and components thereof installed within the Premises and connected to the Class E Systems by entering into a maintenance contract with the Building’s Class E Systems contractor. The design and decoration of the elevator areas of each floor of the Premises and the public corridors of any floor of the Premises occupied by more than one (1) occupant shall be under the sole control of Landlord. Notwithstanding any provision contained in this Lease to the foregoingcontrary, all damage or injury to the Premises Premises, and all damage or injury to any other part of the Building, or to its fixtures, equipment and appurtenancesappurtenances (including the Building Systems), whether requiring structural or non-structural repairs, caused by the moving of Tenant’s Property or caused by or resulting from carelessness, omission, neglect any act or improper conduct wrongful or negligent omission of, or Alterations made by Tenantby, Tenant or Persons Within Tenant’s agents, employees or licenseesControl, shall be repaired by Tenant, at Tenant’s sole cost and expense, (a) by Tenant to the reasonable satisfaction of Landlord (if the required repairs are non-structural in nature and do not affect any Building SystemSystems), or (b) by Landlord at Tenant’s sole cost and expense (if the required repairs are structural in nature or affect any Building SystemSystems). Tenant also All of the aforesaid repairs shall repair all damage to be performed in a manner and with materials and design of first class and quality consistent with first-class office buildings in the immediate vicinity of the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property. All of such repairs shall be made in accordance with the provisions of quality or class equal to the original work or constructionArticle 6. If Tenant fails shall fail, after fifteen ten (1510) days Business Days’ notice (or such shorter period as may be required because of an emergency), to proceed with due diligence to make diligently pursue repairs required to be made by Tenant, Landlord the same may make such repairs be made by Landlord, at the reasonable expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest thereon at the Default Applicable Rate, shall be paid to Landlord, as Additional Rent Rent, within ten thirty (1030) days after rendition of a xxxx or statement therefor. Tenant shall give Landlord notice promptly after becoming aware of any defective condition in any Building Systems located in, servicing or passing through the Premises.

Appears in 1 contract

Samples: Agreement of Lease (Forrester Research, Inc.)

REPAIRS; FLOOR LOAD. Section 5.1 Landlord shall maintain and repair, in a good and workmanlike manner, the Building Systems and the public portions of the Building, both exterior and interior, and the structural elements thereof, including the roof, foundation and curtain wall. 7.1 Tenant, at Tenant’s sole cost and expense, shall take good care of the Premises and the fixtures, systems, equipment and appurtenances thereintherein (including without limitation, any restrooms within the Premises) and make all non-structural repairs thereto as and when needed to preserve them in good working order and condition, except for (a) reasonable wear and tear, (b) obsolescence and (c) damage for which Tenant is not responsible pursuant to the provisions of Articles 10 Article 13. Except as otherwise provided in this Section 7.1, Tenant shall not be obligated to repair any Building Systems. The design and 11decoration of the elevator areas of each floor of the Premises and the public corridors of any floor of the Premises occupied by more than one (1) occupant shall be under the sole control of Landlord. Notwithstanding any provision contained in this Lease to the foregoingcontrary, all damage or injury to the Premises Premises, and all damage or injury to any other part of the Building, or to its fixtures, equipment and appurtenancesappurtenances (including Building Systems), whether requiring structural or non-structural repairs, caused by the moving of Tenant’s Property or caused by or resulting from carelessness, omission, neglect any act or improper conduct omission of, or Alterations made by TenantBack to Contents by, Tenant or Persons Within Tenant’s agents, employees or licenseesControl, shall be repaired by Tenant, at Tenant’s sole cost and expense, (a) by Tenant to the reasonable satisfaction of Landlord (if the required repairs are non-structural in nature and do not affect any Building SystemSystems), or (b) by Landlord at Tenant’s sole cost and expense (if the required repairs are structural in nature or affect any Building SystemSystems). Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property. All of such the aforesaid repairs shall be performed in a manner and with materials and design of first class and quality or consistent with first-class equal to office buildings in Westchester County and shall be made in accordance with the original work or constructionprovisions of Article 6. If Tenant fails shall fail, after fifteen ten (1510) days notice (or such shorter period as may be required because of an emergency), to proceed with due diligence to make repairs required to be made by Tenant, Landlord the same may make such repairs be made by Landlord, at the expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest thereon at the Default Applicable Rate, shall be paid to Landlord, as Additional Rent Rent, within ten (10) days after rendition of a xxxx or statement therefor. Tenant shall give Landlord prompt notice of any defective condition in any Building Systems located in, servicing or passing through the Premises upon Tenant becoming aware of same.

Appears in 1 contract

Samples: Agreement of Lease (Progenics Pharmaceuticals Inc)

REPAIRS; FLOOR LOAD. Section 5.1 4.1 Landlord shall operate, maintain and repair, in a good make all necessary repairs (both structural and workmanlike manner, nonstructural) to the Building Systems and the public portions of the BuildingBuilding and the structural portions of the Premises, both exterior and interior, as well as latent defects in the portions of the Building outside of the Premises and the structural elements thereofcomponents of the Premises, including in conformance with standards applicable to comparable buildings in Manhattan. Tenant shall give Landlord prompt notice after discovery by Tenant of any condition in any Building System, located in, servicing or passing through the roof, foundation and curtain wallPremises which gives rise to or may give rise to an obligation of Landlord to repair. Tenant, at Tenant’s 's sole cost and expense, shall take good care of the Premises and the exclusive Licensed Area(s) and the fixtures, systems, equipment and appurtenances therein, therein and make all non-structural nonstructural repairs thereto as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence and damage for which Tenant is not responsible pursuant to the provisions of Articles 10 and 1111 hereof. Notwithstanding the foregoing, all damage or injury to the Premises or to any other part of the Building, or to its fixtures, equipment and appurtenances, whether requiring structural or nonstructural repairs, caused by or resulting from carelessness, negligent omission, neglect or improper conduct of, or Alterations made by by, Tenant, Tenant’s 's agents, employees employees, invitees or licensees, and not covered by Landlord's insurance policies and any waiver of subrogation in favor of Tenant thereon, shall be repaired at Tenant’s 's sole reasonable cost and expense, (a) either by Tenant to the reasonable satisfaction of Landlord (if the required repairs are non-structural nonstructural in nature and do not affect any Building System), or (b) by Landlord (if the required repairs are structural in nature or affect any Building System). Tenant also shall repair all damage to the Building and the Premises and the Licensed Area(s) to the extent caused by the making of any Alterations by Tenant moving, placement or by the moving replacement of Tenant’s 's Property. All of such the aforesaid repairs shall be of first quality or and class equal to the original consistent with first class office building work or construction. construction and shall be made in accordance with the provisions of Article 3 hereof If Tenant fails after fifteen thirty (1530) days' notice (or such shorter period (but in no event less than five (5) days notice or such shorter period as may be required due to an emergency) as Landlord may be permitted pursuant to any Superior Lease or Mortgage) to proceed with due diligence to make repairs required to be made by Tenant, the same may be made by Landlord may make such repairs at the reasonable expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest thereon at the Default RateApplicable Rate from the time the expense was incurred, shall be forthwith paid to Landlord as Additional Rent additional rent within ten thirty (1030) days after rendition of a xxxx or bill xx statement therefor.

Appears in 1 contract

Samples: Agreement of Lease (Net2000 Communications Inc)

REPAIRS; FLOOR LOAD. Section 5.1 4.1. Landlord shall operate, maintain and repair, in a good make all necessary repairs (both structural and workmanlike manner, nonstructural) to the part of Building Systems which provide service to the Premises (but not to the distribution portions of such Building Systems located within the Premises) and the public portions of the Building, both exterior and interior, and the structural elements thereof, including the roof, foundation and curtain wallin conformance with standards applicable to non-institutional first class office buildings in Manhattan. Tenant, at Tenant’s 's sole cost and expense, shall take good care of the Premises and the fixtures, systems, equipment and appurtenances therein, therein and the distribution systems and shall make all non-structural nonstructural repairs thereto as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence and damage for which Tenant is not responsible pursuant to the provisions of Articles Article 10 and 11hereof. Notwithstanding the foregoing, all damage or injury to the Premises or to any other part of the BuildingBuilding and Building Systems, or to its fixtures, equipment and appurtenances, whether requiring structural of nonstructural repairs, caused by or resulting from carelessness, omission, neglect or improper conduct of, or Alterations made by by, Tenant, Tenant’s 's agents, employees employees, invitees or licensees, shall be repaired at Tenant’s 's sole cost and expense, (a) by Tenant to the reasonable satisfaction of Landlord (if the required repairs repair are non-structural nonstructural in nature and do not affect any Building System), or (b) by Landlord (if the required repairs are structural in nature or affect any Building System). Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property. All of such the aforesaid repairs shall be of first quality or and of a class equal to the original consistent with non-institutional first class office building work or constructionconstruction and shall be made in accordance with the provisions of Article 3 hereof. If Tenant fails after fifteen ten (1510) days days' notice (or such shorter period as Landlord may be permitted pursuant to any Superior Lease or Mortgage or such shorter period as may be required due to an emergency) to proceed with due diligence to make repairs required to be made by Tenant, the same may be made by Landlord may make such repairs at the expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest thereon at the Default Applicable Rate, shall be forthwith paid to Landlord as Additional Rent within ten (10) days additional rent after rendition of a xxxx or bill xx statement therefor. Tenant shall give Landlord prompt notice of any defective condition in the Building or in any Building System, located in, servicing or passing through the Premises.

Appears in 1 contract

Samples: Agreement of Lease (PNV Net Inc)

REPAIRS; FLOOR LOAD. Section 5.1 Landlord shall maintain and repair, in a good and workmanlike manner, repair the Building Systems and the public portions of the Building, both exterior and interior, and the structural elements thereof, including the roof, foundation and curtain wall. Tenant, at Tenant’s expense, shall take good care of the Premises and the fixtures, systems, equipment and appurtenances therein, and make all non-structural repairs thereto as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence and damage for which Tenant is not responsible pursuant to the provisions of Articles 10 and 11. Notwithstanding the foregoing, all damage or injury to the Premises or to any other part of the Building, or to its fixtures, equipment and appurtenances, caused by or resulting from carelessness, omission, neglect or improper conduct of, or Alterations made by Tenant, Tenant’s agents, employees or licensees, shall be repaired at Tenant’s expense, (a) by Tenant to the satisfaction of Landlord (if the required repairs are non-structural and do not affect any Building System), or (b) by Landlord (if the required repairs are structural or affect any Building System). Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property. All of such repairs shall be of quality or class equal to the original work or construction. If Tenant fails after fifteen (15) days notice to proceed with due diligence to make repairs required to be made by Tenant, Landlord may make such repairs at the expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest at the Default Rate, as Additional Rent within ten (10) days after rendition of a xxxx or statement therefor.

Appears in 1 contract

Samples: Sublease Agreement (Switch & Data, Inc.)

REPAIRS; FLOOR LOAD. Section 5.1 Landlord shall maintain and repair, in a good and workmanlike manner, the Building Systems and repair the public portions of the Building, both exterior and interior, and the structural elements thereof, including the roofroof in conformance with the standards of non-institutional office buildings in Manhattan comparable to the Building. In making such repairs, foundation Landlord shall use reasonable efforts to minimize interference with Tenant's occupancy of the Premises, provided that (i) the Landlord shall not be obligated to use overtime or premium pay labor, and curtain wall(ii) the foregoing shall not apply to repairs in an emergency situation. TenantTenant shall, at Tenant’s expensethroughout the Term, shall take good care of the Premises and the fixtures, systems, equipment fixtures and appurtenances thereintherein and at Tenant's sole cost and expense, and make all non-structural nonstructural repairs thereto as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence tear and damage for which Tenant is not responsible pursuant under the terms of this Lease excepted. Tenant shall pay Landlord the reasonable cost of all replacements to the provisions of Articles 10 lamps, tubes, ballasts and 11starters in the lighting fixtures installed in the Premises. Notwithstanding the foregoing, all damage or injury to the Premises or to any other part of the Building, or to its fixtures, equipment and appurtenances, whether requiring structural or nonstructural repairs, caused by or resulting from carelessness, omission, neglect or improper conduct of, of or Alterations made by Tenant, Tenant’s agents's servants, employees employees, invitees or licensees, shall be repaired promptly by Landlord at Tenant’s 's sole cost and expense, (a) by Tenant to the reasonable satisfaction of Landlord (if the required repairs are non-structural and do not affect any Building System), or (b) by Landlord (if the required repairs are structural or affect any Building System)Landlord. Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property's fixtures, furniture or equipment. All of such the aforesaid repairs shall be of quality or class equal to the original work or constructionconstruction and shall be made in accordance with the provisions of Article 3 hereof. If Tenant fails after fifteen ten (1510) days days' notice to proceed with due diligence to make repairs required to be made by Tenant, Landlord may make Tenant or if such repairs are structural in nature or affect a Building system, the same may be made by Landlord, at the expense of Tenant, Tenant and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest at the Default Rate, shall be collectible by Landlord as Additional Rent additional rent within ten (10) days after rendition of a xxxx or statement therefor. Tenant shall give Landlord prompt notice of any defective condition in any plumbing, electrical, air- cooling or heating system located in, servicing or passing through the Premises. Tenant shall not place a load upon any floor of the Premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law. Landlord reserves the right to prescribe the weight and position of all safes, business machines and heavy equipment and installations. Business machines and mechanical equipment shall be placed and maintained by Tenant at Tenant's expense in settings sufficient in Landlord's reasonable judgment to absorb and prevent vibration, noise and annoyance. Except as provided in Article 10 hereof or if directly caused by the negligence or wilful misconduct of Landlord or its agents or employees, 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 Landlord, Tenant or others making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Building, or the Premises, or in or to fixtures, appurtenances, or equipment thereof. If the Premises are or become infested with vermin, Tenant, at Tenant's expense, shall cause the same to be exterminated from time to time to the satisfaction of Landlord and shall employ such exterminators and such exterminating company or companies as shall be approved by Landlord. The water and wash closets and other plumbing fixtures shall not be used for any purposes other than those for which they were designed or constructed, and no sweepings, rubbish, rags, acids or other substances shall be deposited therein.

Appears in 1 contract

Samples: Salon Internet Inc

REPAIRS; FLOOR LOAD. Section 5.1 Landlord shall maintain and repair, in a good and workmanlike manner, the Building Systems and the public portions of the Building, both exterior and interior, and the structural elements thereof, including the roof, foundation and curtain wall7.1. (A) Tenant, at Tenant’s sole cost and expense, shall take good care of the Premises and the fixtures, systems, equipment and appurtenances thereintherein (including, without limitation, any supplemental air-conditioning equipment serving the Premises) and make all non-structural repairs thereto as and when needed to preserve them in good working order and condition, except for (a) reasonable wear and tear, (b) obsolescence and (c) damage for which Tenant is not responsible pursuant to the provisions of Articles 10 Article 13 or any other applicable provision of this Lease, including, without limitation, Landlord’s responsibilities with respect to Hazardous Materials and 11latent defects in Landlord’s Work. Except as otherwise provided in this Section 7.1, Tenant shall not be obligated to repair any Building Systems or make any structural repairs or changes, except that Tenant shall maintain the fire and life safety system and its components (“Class E System”) within the Premises by entering into a maintenance contract with the Building’s Class E System contractor (provided that Tenant shall be responsible for paying the cost thereof only to the extent such contract is competitively priced). The design and decoration of the elevator areas of each floor of the Premises and the public corridors of any floor of the Premises occupied by more than one (1) occupant shall be under the sole control of Landlord. Notwithstanding any provision contained in this Lease to the foregoingcontrary, all damage or injury to the Premises Premises, and all damage or injury to any other part of the BuildingBuilding (including the Terrace), or to its fixtures, equipment and appurtenancesappurtenances (including the Building Systems), whether requiring structural or non-structural repairs, caused by the moving of Tenant’s Property or caused by or resulting from carelessness, omission, neglect any act or improper conduct omission of, or Alterations made by Tenantby, Tenant or Persons Within Tenant’s agents, employees or licenseesControl, shall be repaired by Tenant, at Tenant’s sole cost and expense, (a) by Tenant to the reasonable satisfaction of Landlord (if the required repairs are non-structural in nature and do not affect any Building SystemSystems), or (b) by Landlord at Tenant’s sole cost and expense (if the required repairs are structural in nature or affect any Building SystemSystems). Tenant also All of the aforesaid repairs shall repair all damage to be performed in a manner and with materials and design of first class and quality consistent with first-class office buildings in the vicinity of the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property. All of such repairs shall be made in accordance with the provisions of quality or class equal to the original work or constructionArticle 6. If Tenant fails shall fail, after fifteen five (155) days Business Days’ notice (or such shorter period as may be required because of an emergency), to proceed with due diligence to make repairs required to be made by Tenant, Landlord the same may make such repairs be made by Landlord, at the expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest thereon at the Default Applicable Rate, shall be paid to Landlord, as Additional Rent Rent, within ten thirty (1030) days after rendition of a xxxx or statement therefor. Tenant shall give Landlord prompt notice of any defective condition in any Building Systems located in, servicing or passing through the Premises.

Appears in 1 contract

Samples: Agreement of Lease (Peloton Interactive, Inc.)

REPAIRS; FLOOR LOAD. Section 5.1 4.1 Landlord shall operate, maintain and repair, in a good make all necessary repairs (both structural and workmanlike manner, nonstructural) to the part of Building Systems which provide service to the Premises (but not to the distribution portions of such Building Systems located within the Premises) and to the public portions of the Building, both exterior and interior, and the structural elements thereofin conformance with standards applicable to non-institutional first class office buildings in Manhattan. Subject to Article 10 below, including the roof, foundation and curtain wall. Tenant, at Tenant’s sole cost and expense, shall take good care of the Premises and the fixtures, systemsequipment, equipment Alterations and appurtenances therein, therein and the distribution systems and shall make all non-structural nonstructural repairs thereto as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence and damage for which Tenant is not responsible pursuant to the provisions of Articles 10 and 11. Notwithstanding the foregoingforegoing but subject to Article 10 below, all damage or injury to the Premises or to any other part of the BuildingBuilding and Building Systems, or to its fixtures, equipment and appurtenances, whether requiring structural or nonstructural repairs, caused by or resulting from carelessness, omissionnegligent acts or omissions, neglect or improper conduct of, or Alterations made by by, Tenant, Tenant’s agents, employees employees, invitees or licensees, shall be repaired at Tenant’s sole cost and expense, by (ai) by Tenant to the reasonable satisfaction of Landlord (if the required repairs are non-structural nonstructural in nature and do not affect any Building System), or (bii) by Landlord (if the required repairs are structural in nature or affect any Building System). Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property. All of such the aforesaid repairs shall be of good quality or and of a class equal to the original consistent with non-institutional first class office building work or constructionconstruction and shall be made in accordance with the provisions of Article 3hereof. If Tenant fails after fifteen twenty (1520) days days’ notice (or such shorter period as may be required due to an emergency) to proceed with due diligence to make repairs required to be made by Tenant, the same may be made by Landlord may make such repairs at the expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest thereon at the Default Applicable Rate, shall be forthwith paid to Landlord as Additional Rent within ten (10) days additional rent after rendition of a xxxx or statement therefortherefore. Tenant shall give Landlord prompt notice of any defective condition in the Building or in any Building System, located in, servicing or passing through the remises, as soon as Tenant becomes aware of same.

Appears in 1 contract

Samples: Agreement of Lease (Learning Tree International Inc)

REPAIRS; FLOOR LOAD. Section 5.1 4.1. Landlord shall operate, maintain and repair, in a good make all necessary repairs (both structural and workmanlike manner, nonstructural) to the part of the Building Systems which provide service to the Premises (but not to the distribution portions of such Building Systems located within the Premises) and the structural portion of the Building, the roof, and the sidewalks adjacent to the Building, and the public portions of the Building, both exterior and interior, and the structural elements thereof, including the roof, foundation and curtain wallin conformance with standards applicable to non-institutional first class office buildings in Manhattan. Tenant, at Tenant’s 's sole cost and expense, shall take good care of the Premises and the fixtures, systems, equipment and appurtenances therein, therein and the distribution portions of such Building Systems and shall make all non-structural nonstructural repairs thereto as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence and damage for which Tenant is not responsible pursuant to the provisions of Articles Article 10 and 11hereof. Notwithstanding the foregoing, all damage or injury to the Premises or to any other part of the BuildingBuilding and Building Systems, or to its fixtures, equipment and appurtenancesappurtenances (other than any damage with respect to which Article 10 shall apply), whether requiring structural or nonstructural repairs, caused by or resulting from carelessness, omission, neglect or improper conduct the negligence of, or Alterations made by by, Tenant, Tenant’s 's agents, employees employees, invitees or licensees, shall be repaired at Tenant’s 's sole cost and expense, (a) by Tenant to the reasonable satisfaction of Landlord (if the required repairs are non-structural nonstructural in nature and do not affect any Building System), or (b) by Landlord (if the required repairs are structural in nature or affect any Building System). Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property. All of such the aforesaid repairs shall be of first quality or and of a class equal to the original consistent with non-institutional first class office building work or constructionconstruction and shall be made in accordance with the provisions of Article 3 hereof. If Tenant fails after fifteen thirty (1530) days days' notice (or such shorter period as Landlord may be permitted pursuant to any Superior Lease or Mortgage or such shorter period as may be required due to an emergency) to proceed with due diligence to make repairs required to be made by Tenant, the same may be made by Landlord may make such repairs at the expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest thereon at the Default Applicable Rate, shall be forthwith paid to Landlord as Additional Rent additional rent within ten thirty (1030) days after rendition of a xxxx or statement therefor. Tenant shall give Landlord prompt notice of any defective condition in the Building or in any Building System, located in, servicing or passing through the Premises of which Tenant has knowledge.

Appears in 1 contract

Samples: Agreement of Lease (Liveperson Inc)

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