Repairs Maintenance and Alterations. (a) Tenant shall keep the Premises, including the Leasehold Improvements and Tenant's Property, neat, clean, and in good order and condition. Tenant shall give Landlord prompt notice of any damage to or defective condition in any part or appurtenance of the Premises, the Leasehold Improvements, Tenant's Property, or the Building including mechanical, electrical, plumbing, heating, ventilating, air conditioning and other equipment facilities and systems located within or serving the Building, (hereinafter the "Building Systems"). Tenant shall, at Tenant's cost and expense, repair or replace any damage or injury done to the Building or the Premises caused by Tenant or by Tenant's agents, employees, invitees or visitors. If Tenant fails to make such repairs or replacements promptly, or within fifteen (15) days of Landlord's written notice of occurrence, Landlord may, at its option, make such repairs or replacement and Tenant shall repay the cost thereof to Landlord upon demand. Tenant shall not commit or allow any waste or damage to be committed on any portion of the Premises or the Building and shall, at the termination of this Lease, by lapse of time or otherwise, deliver the Premises to Landlord broom-clean and in as good condition as at date of possession by Tenant, ordinary wear and tear excepted. (b) The repair and maintenance of the heating, ventilating and air conditioning systems, equipment and fixtures shall be undertaken pursuant to an HVAC service contract entered into by Landlord and included in the Operating Expenses. (c) Landlord shall, at Landlord's expense, repair, replace and maintain the roof and the external and structural parts of the Building which do not constitute a part of the Premises and shall perform such repairs, replacements and maintenance with reasonable dispatch, in a good and workmanlike manner. Landlord shall keep and maintain the Common Area (the expense of which shall be borne in part by Tenant as a Operating Expense described above) in good order and repair. (d) Except as provided herein, Landlord shall have no liability to Tenant nor shall Tenant's covenants and obligations under this Lease be reduced or abated in any manner whatsoever by reason of any inconvenience, annoyance, interruption or injury to business arising from Landlord's making any repairs or changes which Landlord is required or permitted by this Lease or by any other tenant's lease or required by law to make in or to any portion of the Premises, the Building or the Building Systems. Landlord shall nevertheless use its best efforts to minimize any interference with Tenant's business in the Premises. (e) Tenant shall not make any alteration in or to the Premises without the prior written consent of Landlord, which shall not be unreasonably withheld. If Landlord gives its consent to the making of alterations by Tenant, all such work shall be done in accordance with such requirements and upon such conditions as Landlord, in its sole discretion, may impose. Any review or approval by Landlord of any plans or specifications with respect to any alteration is solely for Landlord's benefit, and without any representation or warranty whatsoever to Tenant with respect to the adequacy, correctness or efficiency thereof or otherwise. (f) Tenant shall defend, indemnify and save harmless Landlord from and against any and all mechanics' and other liens and encumbrances filed by any person claiming through or under Tenant, including security interests in any materials, fixtures, equipment or any other improvements or appurtenances installed in and constituting part of the Premises and against all costs, expenses and liabilities (including reasonable attorneys' fees) incurred in connection with any such lien or encumbrance or any action or proceeding brought thereon. Tenant at its expense shall procure the satisfaction or discharge of record of all such liens and encumbrances within twenty (20) days after the filing thereof. Pursuant to the provisions of Section 713.10, Florida Statutes, under no circumstances shall the interest of Landlord in and to the Property or the Building be subject to liens for improvements made by Tenant or subject to any mechanic's, laborer's or materialman's lien or any other lien or charge on account of or arising from any contract or obligations of Tenant.
Appears in 2 contracts
Samples: Office Lease Agreement (Talk Com), Office Lease Agreement (Talk Com)
Repairs Maintenance and Alterations. (a) Tenant shall at Tenant’s sole cost and expense, keep and maintain all portions of the Premises, including the Leasehold Improvements and Tenant's Property, neat, Demised Premises in a clean, wholesome and sanitary condition and in good order and conditionrepair, including, but not limited to plumbing, electrical, heating and air conditioning systems and the entire interior of the Demised Premises. Tenant shall give Landlord prompt notice of any damage to or defective condition in any part or appurtenance of obtain a standard service agreement from a reputable mechanical systems service company for the Premises, the Leasehold Improvements, Tenant's Property, or the Building including mechanical, electrical, plumbing, heating, ventilating, air conditioning and other equipment facilities and systems located within or serving the Building, (hereinafter the "Building Systems"). Tenant shall, at Tenant's cost and expense, repair or replace any damage or injury done to the Building or the Premises caused by Tenant or by Tenant's agents, employees, invitees or visitors. If Tenant fails to make such repairs or replacements promptly, or within fifteen (15) days of Landlord's written notice of occurrence, Landlord may, at its option, make such repairs or replacement and Tenant shall repay the cost thereof to Landlord upon demand. Tenant shall not commit or allow any waste or damage to be committed on any portion of the Premises or the Building and shall, at the termination of this Lease, by lapse of time or otherwise, deliver the Premises to Landlord broom-clean and in as good condition as at date of possession by Tenant, ordinary wear and tear excepted.
(b) The repair regular service and maintenance of the heating, ventilating ventilation and air conditioning systems, equipment and fixtures shall be undertaken pursuant to an HVAC service contract entered into by Landlord and included systems in the Operating ExpensesDemised Premises. Tenant shall provide Landlord a copy of such agreement upon Landlord’s request.
(b) Landlord agrees to pass on to Tenant, if possible, the benefits of any manufacturer’s warranties on equipment installed by Landlord.
(c) Landlord shallTenant shall not make any alterations or improvements to the Demised Premises without submitting a detailed cost estimate thereof and without the prior written consent of Landlord, at Landlord's expense, repair, replace and maintain the roof and the external and structural parts of the Building which do consent will not constitute a part of the Premises and shall perform such repairs, replacements and maintenance with reasonable dispatch, in a good and workmanlike manner. Landlord shall keep and maintain the Common Area (the expense of which shall be borne in part by Tenant as a Operating Expense described above) in good order and repairunreasonably withheld.
(d) Except Tenant shall prevent any lien or obligation from being imposed upon the Complex and will discharge all liens or charges for services rendered or materials furnished immediately after said liens occur or said charges become due and payable.
(e) Landlord shall (i) make structural repairs to the exterior walls, common exterior facade, roof and foundation of the building, (ii) maintain the Common Area, and (iii) maintain utility lines, drains and related facilities, serving all tenants in the Complex, and (iv) clean the exterior of the building, including glass. The cost of all of the foregoing shall be included as provided hereinComplex Operating Costs. Notwithstanding the foregoing, Tenant shall be required to make all repairs resulting from the misuse or neglect by Tenant or any of its employees, agents, contractors, licensees or invitees or customers.
(f) Landlord shall have no liability to Tenant nor shall Tenant's covenants and obligations under this Lease be reduced or abated in any manner whatsoever by reason of any inconvenience, annoyance, interruption or injury to business arising from Landlord's Landlord or any tenant making any repairs or changes which or performing maintenance services in the Demised Premises or Complex, whether or not Landlord is required or permitted by this Lease or by any other tenant's lease or required by law to make in such repairs or changes or to any portion of the Premises, the Building or the Building Systemsperform such services. Landlord shall nevertheless use its best efforts to minimize any interference perform such work, except in case of emergency, at times reasonably convenient to Tenant and otherwise in such manner and to the extent practical as will not unreasonably interfere with Tenant's business in ’s use and occupancy of the Demised Premises.
(eg) Landlord reserves the right, without being in breach of any covenant of this Lease, to stop or suspend the rendition of any services which Landlord shall perform for so long as may be necessary, by reason of accidents, emergencies, the making of repairs or changes or by reason of difficulty in securing proper supplies or by reason of Unavoidable Delays. In each instance Landlord shall exercise reasonable diligence to eliminate the cause of stoppage and to effect restoration of service and shall give Tenant reasonable notice, when practicable, of the commencement and anticipated duration of such stoppage. Tenant shall not make be entitled to any alteration in diminution or to the Premises without the prior written consent abatement of Landlord, which shall not be unreasonably withheld. If Landlord gives its consent to the making of alterations rent or other compensation by Tenant, all such work shall be done in accordance with such requirements and upon such conditions as Landlord, in its sole discretion, may impose. Any review or approval by Landlord reason of any plans interruption or specifications with respect to any alteration is solely for Landlord's benefit, and without any representation or warranty whatsoever to Tenant with respect to the adequacy, correctness or efficiency thereof or otherwisestoppage.
(fh) Tenant shall defend, indemnify and save harmless Landlord from and against any and all mechanics' and other liens and encumbrances filed by any person claiming through or under Tenant, including security interests in any materials, fixtures, equipment or any other improvements or appurtenances installed in and constituting part If Landlord’s inspection of the Demised Premises reveals that in Landlord’s sole judgment, Tenant has failed to maintain the Demised Premises as required by Section 10(a) and against (d) or has made alterations prohibited by Section 10(c), then Landlord shall give Tenant written notice of such violations. If such violations have not been corrected within thirty (30) days of Tenant’s receipt of such notice, Landlord shall have the right to enter the Demised Premises, correct the violation, and charge Tenant the cost of such correction plus twenty percent (20%) for Landlord’s overhead.
(i) Except for Tenant’s movable equipment and personal property, all costsadditions, expenses improvements and liabilities (including reasonable attorneys' fees) incurred in connection with any such lien or encumbrance or any action or proceeding brought thereon. alterations to the Demised Premises shall, upon installation, become the property of Landlord and shall be deemed part of, and shall be surrendered with, the Demised Premises, unless Landlord, by notice given to Tenant at its expense shall procure the satisfaction or discharge of record of all such liens and encumbrances within twenty least sixty (2060) days after the filing thereofTermination Date, elects to relinquish Landlord’s right thereto. Pursuant If Landlord elects to relinquish Landlord’s right to any such addition, improvement or alteration, Tenant shall remove said addition, improvement or alteration, shall promptly repair any damage to the provisions of Section 713.10, Florida Statutes, under no circumstances Demised Premises caused by said removal and shall restore the interest of Landlord in and Demised Premises to the Property condition existing prior to the installation of said addition, improvement or the Building be subject to liens for improvements made by Tenant or subject to any mechanic's, laborer's or materialman's lien or any other lien or charge on account of or arising from any contract or obligations of Tenantalteration.
Appears in 1 contract
Samples: Lease Agreement (CompoSecure, Inc.)
Repairs Maintenance and Alterations. (a) Tenant shall keep A. Landlord agrees to maintain the Premisesstructure, including the Leasehold Improvements and Tenant's Propertyroof, neatexterior walls, cleanexterior doors, and in good order and condition. Tenant shall give Landlord prompt notice of any damage to or defective condition in any part or appurtenance of the Premisesexterior windows, the Leasehold Improvementspublic restrooms, Tenant's Propertyelevators, or the Building including mechanical, electrical, all plumbing, heating, ventilating, air conditioning and other similar equipment facilities and systems located within or the corridors of the Building of which the Leased Premises is a part, and the grounds and parking areas serving the Building, (hereinafter and the "common areas within Corporate Xxxxx in good repair, provided, however, that if any repairs to any part of the Building Systems")or any such equipment installed in or used in connection with the Building or any of the grounds or parking areas serving the Building or any common areas of Corporate Xxxxx is necessitated by the negligent act or omission of Tenant or its Invitees, Tenant shall immediately reimburse Landlord for the cost thereof upon demand, as Additional Rent, and such reimbursed costs shall be excluded from the Operating Costs.
B. Tenant shall make no alterations, improvements or changes to the Leased Premises, the Building or Corporate Xxxxx or install any vending machines on the Leased Premises without Landlord's prior written consent. Unless Landlord shall otherwise agree in writing, all maintenance, alterations, replacements, repairs, improvements or changes to which Landlord may consent shall be done either by or under the direction of Landlord, but at the sole cost of Tenant shalland only pursuant to such plans, specifications and agreements as are approved by Landlord. By consenting to or approving any plans, specifications and agreements for any alterations, improvements or changes which Tenant desires to make to the Leased Premises, Landlord does not warrant and shall assume no responsibility or liability for the completeness, design sufficiency, or compliance of such plans with all applicable taws, rules and regulations of governmental agencies or authorities.
C. Tenant shall be responsible for the Leased Premises and at Tenant's cost cost, shall keep it in a safe, neat and expenseattractive condition. Except as provided in Section 13 hereof, Tenant shall pay for all redecoration, remodeling, alteration and painting of the Leased Premises desired by Tenant which are approved by Landlord. Tenant shall also pay for the repair and maintenance during the Lease Term of all special equipment or improvements installed in the Leased Premises, including, but not limited to, supplemental air handling units, dishwashers, icemakers, disposals, showers, sinks, commodes, parquet floors, glass walls or sidelights and other similar equipment or improvements.
D. Tenant covenants and agrees to reimburse Landlord for all costs and expenses incurred by Landlord to repair or replace any damage or injury done to Corporate Xxxxx, the Building Building, the Leased Premises, or the Premises any part of any of such property, caused by Tenant or by Tenant's agents, employees, invitees or visitors. If Tenant fails to make such repairs or replacements promptly, or within fifteen (15) days of Landlord's written notice of occurrence, Landlord may, at its option, make such repairs or replacement and Tenant shall repay the cost thereof to Landlord upon demand. Tenant shall not commit or allow any waste or damage to be committed on any portion of the Premises or the Building and shall, at the termination of this Lease, by lapse of time or otherwise, deliver the Premises to Landlord broom-clean and in as good condition as at date of possession by TenantInvitees, ordinary wear and tear excepted.
(b) , and such repairs shall restore the damaged property to as good a condition as it was in prior to such damage, and shall be, effected in compliance with all applicable laws; ordinances; rules and regulations, and Tenant shall pay the cost thereof to Landlord on demand as Additional Rent. The repair and maintenance of the heating, ventilating and air conditioning systems, equipment and fixtures Tenant shall be undertaken pursuant to an HVAC not contract for any work or service contract entered into by Landlord and included in the Operating Expenses.
(c) Landlord shall, at which might interfere with Landlord's expenseemployees, repair, replace and maintain agents or contractors doing work or performing services for the roof and the external and structural parts benefit of the Building which do not constitute a part of the Premises and shall perform such repairs, replacements and maintenance with reasonable dispatch, in a good and workmanlike manner. Landlord shall keep and maintain the Common Area (the expense of which shall be borne in part by Tenant as a Operating Expense described above) in good order and repair.
(d) Except as provided herein, Landlord shall have no liability to Tenant nor shall Tenant's covenants and obligations under this Lease be reduced or abated in any manner whatsoever by reason of any inconvenience, annoyance, interruption or injury to business arising from Landlord's making any repairs or changes which Landlord is required or permitted by this Lease or by any other tenant's lease or required by law to make in or to any portion of the Premises, the Building or the Building SystemsLeased Premises. Any and all alterations to the Leased Premises shall become the property of Landlord shall nevertheless use its best efforts to minimize any interference with upon termination of this Lease (except for movable equipment or furniture owned by Tenant's business in ), provided, however, that the Premises.
(e) Tenant shall not make be obligated to remove any alteration in improvements or fixtures or restore the Leased Premises to the Premises condition required by Section 37 if the Landlord consented to such improvements or fixtures without indicating at the prior written consent time of Landlordsuch consent, which shall not that such improvements or fixtures would need to be unreasonably withheldremoved at the end of the Lease Term. If In the event that Landlord gives its consent to the making of alterations by Tenant, all such work shall be done in accordance with such requirements and upon such conditions as Landlord, in its sole discretion, may impose. Any review or approval by Landlord of any plans or specifications with respect to any alteration is solely for Landlord's benefitso elects, and without Tenant fails to remove any representation or warranty whatsoever to Tenant with respect to the adequacy, correctness or efficiency thereof or otherwise.
(f) Tenant shall defend, indemnify and save harmless Landlord from and against any and all mechanics' and other liens and encumbrances filed by any person claiming through or under Tenant, including security interests in any materialssuch leasehold improvements, fixtures, equipment or any other improvements or appurtenances installed in and constituting property, Landlord may remove such at Tenant's cost, with no obligation on the part of the Premises and against all costs, expenses and liabilities (including reasonable attorneys' fees) incurred in connection with Landlord to preserve or store any such lien removed improvements, fixtures, equipment or encumbrance or any action or proceeding brought thereon. property, and Tenant at its expense shall procure the satisfaction or discharge of record of pay Landlord on demand as Additional Rent, all such liens and encumbrances within twenty (20) days after the filing thereof. Pursuant to the provisions of Section 713.10, Florida Statutes, under no circumstances shall the interest of costs incurred by Landlord in removing such and to restoring the Property or the Building be subject to liens for improvements made by Tenant or subject to any mechanic's, laborer's or materialman's lien or any other lien or charge on account of or arising from any contract or obligations of TenantLeased Premises as hereinabove provided.
Appears in 1 contract
Samples: Lease (Avax Technologies Inc)
Repairs Maintenance and Alterations. A. Tenant shall at all times, during the term, or any extension term, and at its own cost and expense put, keep, repair, restore, replace and maintain in thorough repair and good, safe, clean and substantial order and condition, the Premises, all buildings and other portions thereof, all glass therein, all equipment therein, and all appurtenances thereto, both inside and outside, nonstructural, extraordinary and ordinary, foreseen or unforeseen, at the commencement of the term or thereafter erected thereon or therein and howsoever the necessity or desirability thereof may occur, normal wear, tear and obsolescence excepted. However, Landlord shall, at all times during the term and at its own cost and expense, replace or make all "Structural Repairs" as described in Section 3(A)(4) hereof, except those necessitated by the negligence, gross negligence or willful conduct of Tenant, its officers, employees, agents, servants and the like. Tenant shall use all reasonable precaution to prevent waste, damage or injury to the Premises, or any part thereof. Tenant shall also, at its own cost and expense, put, keep, repair, restore, replace and maintain in thorough repair and good order and safe condition and free from dirt, snow, ice, rubbish and other obstructions or encumbrances, any sidewalks, parking fields and curbs which are part of, in front of, and of or adjacent to the Premises, normal wear, tear and obsolescence excepted. Tenant shall refrain from committing, or suffering any waste upon the Premises, or any nuisance, or any other act or thing which may disturb the quiet enjoyment of any other tenant in the Heartland Executive Park. Tenant shall make all ordinary repairs, replacements and restorations, as needed (a) except as provided in Section 9A), including without limitation by their inclusion, interior and exterior repainting, replacement of glass injured or broken; and of floor and wall covering worn or damaged; keeping roofs and exterior windows and doors water tight, and all plumbing, lighting, heating, air-conditioning, and other utility systems in good operating condition. Tenant shall keep the Premises, including the Leasehold Improvements Premises properly painted and Tenant's Property, neat, clean, decorated; Tenant shall paint all exterior trim and in good order all exposed metal beams and conditiongirders as reasonably required. Tenant shall give notify Landlord prompt notice of in writing for Landlord's written approval should any damage penetrations or additional loads to or defective condition the roof be contemplated, which approval may be withheld for any reason notwithstanding anything in any part or appurtenance of this Lease. Tenant shall maintain as presented to Tenant all landscaped and planted areas including but not limited to lawns, trees, and shrubs, on the Premises, and keep in good repair all parking and loading areas in use, clean and free of snow and ice, and the Leasehold Improvements, Tenant's Property, or the Building including mechanical, electrical, plumbing, heating, ventilating, air conditioning and other equipment facilities and systems located within or serving the Building, (hereinafter the "Building Systems"). Tenant shall, at Tenant's cost and expense, repair or replace any damage or injury done to the Building or exterior of the Premises caused by Tenant or by Tenant's agents, employees, invitees or visitors. If Tenant fails to make such repairs or replacements promptly, or within fifteen (15) days of Landlord's written notice of occurrence, Landlord may, at its option, make such repairs or replacement neat and Tenant shall repay the cost thereof to Landlord upon demandclean. Tenant shall not commit or allow any waste or damage to be committed on any portion of the Premises or the Building and shall, at the termination of this Lease, by lapse of time or otherwise, deliver the Premises to Landlord broom-clean and in as good condition as at date of possession by Tenant, ordinary wear and tear excepted.
(b) The repair and maintenance of the heating, ventilating and air conditioning systems, equipment and fixtures shall be undertaken pursuant to an HVAC service contract entered into by Landlord and included in the Operating Expenses.
(c) Landlord shall, at Landlord's expense, repair, replace and maintain the roof and the external and structural parts of the Building which do not constitute a part of the Premises and shall perform such repairs, replacements and maintenance with reasonable dispatch, in a good and workmanlike manner. Landlord shall keep and maintain the Common Area (the expense of which shall be borne in part by Tenant as a Operating Expense described above) in good order and repair.
(d) Except as provided herein, Landlord shall have no liability to Tenant nor shall Tenant's covenants and obligations under this Lease be reduced or abated in any manner whatsoever by reason of any inconvenience, annoyance, interruption or injury to business arising from Landlord's making any repairs or changes which Landlord is required or permitted by this Lease or by any other tenant's lease or required by law to make in or to any portion of the Premises, the Building or the Building Systems. Landlord shall nevertheless use its best efforts to minimize any interference with Tenant's business in the Premises.
(e) Tenant shall not make any alteration in or to the Premises without the prior written consent of Landlord, which shall not be unreasonably withheld. If Landlord gives its consent to the making of alterations by Tenant, all such work shall be done in accordance with such requirements and upon such conditions as Landlord, in its sole discretion, may impose. Any review or approval by Landlord of any plans or specifications with respect to any alteration is solely for Landlord's benefit, and without any representation or warranty whatsoever to Tenant with respect to the adequacy, correctness or efficiency thereof or otherwise.
(f) Tenant shall defend, indemnify and save harmless Landlord against and from and against any and all mechanics' and other liens and encumbrances filed by any person claiming through or under Tenant, including security interests in any materials, fixtures, equipment or any other improvements or appurtenances installed in and constituting part of the Premises and against all costs, expenses expenses, liabilities, losses, damages, suits, fines, penalties, claims and liabilities (demands, including reasonable attorneys' counsel fees) incurred , because of Tenant's failure to comply with the foregoing and Tenant shall not call upon Landlord for any disbursement or outlay whatsoever in connection with any such lien or encumbrance or any action or proceeding brought thereon. Tenant at its expense shall procure the satisfaction or discharge therewith and hereby expressly releases and discharges Landlord of record of all such liens and encumbrances within twenty (20) days after the filing thereof. Pursuant to the provisions of Section 713.10, Florida Statutes, under no circumstances shall the interest of Landlord in and to the Property or the Building be subject to liens for improvements made by Tenant or subject to any mechanic's, laborer's or materialman's lien or any other lien or charge on account of or arising from any contract or obligations of Tenantliability therefor.
Appears in 1 contract
Repairs Maintenance and Alterations. (a) Landlord agrees to provide during the Term, grounds care, paving maintenance, snow removal, and exterior maintenance of the Building, so as to keep the same in good condition and repair, and to make all necessary repairs to the roof and outer walls and glass in order to keep the same wind and weathertight, and to make all necessary repairs to any building-wide utility systems (such as the sprinkler system, and the electric, water, gas, fire alarms and telephone equipment located in the Central Utility Rooms referred to in Article I hereof), unless any such repairs or maintenance are necessitated as a result of Tenant's misuse or negligence, in which event Tenant shall keep pay for the Premisescost of such repairs.
(b) Tenant agrees during the Term, including the Leasehold Improvements and Tenant's Propertyat its sole expense, neatexcept as otherwise provided in (a) above, cleanto keep, repair, and in good order maintain the Premises and condition. Tenant shall give Landlord prompt notice of any damage to or defective condition in any part or appurtenance of the Premisesall fixtures and equipment thereon and therein (including, the Leasehold Improvementsbut not limited to, Tenant's Property, or the Building including mechanical, electrical, plumbing, all heating, ventilating, air conditioning and other equipment facilities ventilating systems, and systems located within or serving the Building, (hereinafter the "Building Systems"). Tenant shall, at Tenant's cost and expense, repair or replace any damage or injury done to the Building or the Premises caused by Tenant or by Tenant's agents, employees, invitees or visitors. If Tenant fails to make such repairs or replacements promptly, or within fifteen (15) days of Landlord's written notice of occurrence, Landlord may, at its option, make such repairs or replacement and Tenant shall repay the cost thereof to Landlord upon demand. Tenant shall not commit or allow any waste or damage to be committed on any that portion of the Premises sprinkler system located within the Premises) in good order, repair and condition, reasonable wear and tear, and damage by fire or the Building other casualty only excepted, and shall, at the expiration or termination of this Lease, by lapse of time or otherwise, deliver peaceably to yield up the Premises to Landlord broom-clean and all alterations and additions thereto in as good condition as at date of possession by Tenantorder, ordinary repair and condition, reasonable wear and tear and damage by fire or other casualty excepted.
(b) The repair , first removing all goods and maintenance effects of the Tenant. With respect to said heating, ventilating and air conditioning and ventilating systems, equipment Tenant, at its sole cost and fixtures expense, shall be undertaken pursuant maintain so-called maintenance contracts with reputable vendors reasonably approved by Landlord; provided, however, that Landlord shall furnish to an HVAC service contract entered into by Landlord and included in the Operating ExpensesTenant all available manufacturer's warranties relating to said equipment.
(c) Landlord shall, at Landlord's expense, repair, replace and maintain the roof and the external and structural parts of the Building which do Tenant agrees not constitute a part of the Premises and shall perform such repairs, replacements and maintenance with reasonable dispatch, in a good and workmanlike manner. Landlord shall keep and maintain the Common Area (the expense of which shall be borne in part by Tenant as a Operating Expense described above) in good order and repair.
(d) Except as provided herein, Landlord shall have no liability to Tenant nor shall Tenant's covenants and obligations under this Lease be reduced or abated in any manner whatsoever by reason of any inconvenience, annoyance, interruption or injury to business arising from Landlord's making any repairs or changes which Landlord is required or permitted by this Lease or by any other tenant's lease or required by law to make in or to any portion of the Premisesalterations, the Building or the Building Systems. Landlord shall nevertheless use its best efforts to minimize any interference with Tenant's business in the Premises.
(e) Tenant shall not make any alteration in or improvements and/or additions to the Premises (1) without first obtaining, on each occasion, the prior written consent of Landlord, except that Tenant at its own expense may make nonstructural alterations after first submitting to Landlord plans and specifications therefor and securing the Landlord's written approval, which shall not be unreasonably withheldwithheld or delayed, (except any nonstructural alterations made by Tenant within 60 days after the Commencement Date shall not require Landlord's approval provided that Tenant provides Landlord prior to commencing construction of any such nonstructural alterations or work a letter describing in reasonable detail the proposed nonstructural alterations) and (2) upon condition that such alterations shall be made in accordance with all applicable laws and in good and workmanlike first-class manner. If In the event that the estimated cost for such alterations by Tenant shall exceed Twenty-Five Thousand ($25,000.00) Dollars, then no consent of Landlord gives its consent shall be valid or binding upon it until Tenant furnishes Landlord a liability policy in amounts satisfactory to Landlord protecting Landlord from any liability for injury done to persons or property arising directly or indirectly from the making of such alterations or additions by Tenant, its agents, servants, employees and/or independent contractors. Tenant further agrees to pay when due all such costs for labor and materials furnished in connection with any work shall be done in accordance with such requirements and upon such conditions as Landlord, in its sole discretion, may impose. Any review or approval by Landlord of any plans or specifications with respect to any alteration is solely for Landlord's benefitthe Premises, and without any representation to promptly remove or warranty whatsoever to Tenant with respect to the adequacy, correctness or efficiency thereof or otherwise.
(f) Tenant shall defend, indemnify and save harmless Landlord from and against bond any and all mechanics' liens filed against the Building as a result of labor or materials furnished in connection with said work. Any and other liens all alterations, additions, and encumbrances filed improvements, which may be made or installed by any person claiming through or under Tenant, including security interests Tenant in any materials, fixtures, equipment or any other improvements or appurtenances installed in and constituting part of the Premises and against all costswhich are attached to the floors, expenses walls, or ceilings, including, without limiting the generality of the foregoing, any linoleum, carpeting or other floor covering of similar character, which may be cemented or otherwise adhesively affixed to the floor, shall remain upon the Premises, and liabilities at the termination of this Lease shall be surrendered with the Premises as a part thereof, unless Landlord shall request removal upon expiration of this Lease or within thirty (including reasonable attorneys' fees) incurred in connection with any such lien or encumbrance or any action or proceeding brought thereon. Tenant at its expense shall procure the satisfaction or discharge of record of all such liens and encumbrances within twenty (2030) days after Landlord regains possession. It is understood and agreed that any trade fixtures, furniture and equipment placed upon the filing thereofPremises by Tenant are to remain the property of Tenant and shall be removed by Tenant from the Premises promptly prior to the expiration of the term of this Lease. Pursuant Tenant shall repair any damage to the Premises or the Building caused by the removal of items under either of the two preceding sentences.
(d) Tenant agrees during the Term to permit Landlord, upon at least twenty- four (24) hours advance notice (except in the case of emergency) and subject to Tenant's reasonable security requirements and without interfering with Tenant's use, to enter upon the Premises, to perform the obligations of Landlord under this Lease and in order to inspect the same with respect to Tenant's compliance with the provisions of Section 713.10this Lease, Florida Statutesto show same to prospective lenders, under no circumstances and, during the final nine (9) months of the Term, to show same to prospective tenants. In addition, if Tenant fails to perform any repair or maintenance work required of it hereunder, then Landlord, after reasonable notice shall have the interest right to perform same, charging the entire cost to Tenant to be paid by Tenant in full on demand. Further, for a period of Landlord in and two hundred seventy (270) days prior to the Property expiration or sooner termination of the Building be subject Term hereof, Landlord may place upon the Premises "for lease" signs which Tenant agrees not to liens for improvements made by Tenant or subject to any mechanic's, laborer's or materialman's lien or any other lien or charge on account of or arising from any contract or obligations of Tenantdisturb.
Appears in 1 contract
Samples: Lease Agreement (SMTC Corp)
Repairs Maintenance and Alterations. (a) A. Landlord agrees to maintain the structure, roof, exterior walls, exterior doors, exterior windows, public restrooms, elevators, all plumbing, heating, air conditioning and similar equipment and the corridors of the Building of which the Leased Premises is a part, and the grounds and parking areas serving the Building, and the common areas within Corporate Xxxxx in good repair, provided, however, that if any repairs to any part of the Building or any such equipment installed in or used in connection with the Building or any of the grounds or parking areas serving the Building or any common areas of Corporate Xxxxx is necessitated by the negligent act or omission of Tenant or its Invitees, Tenant shall keep immediately reimburse Landlord for the cost thereof upon demand, as Additional Rent, and such reimbursed costs shall be excluded from the Operating Costs.
B. Tenant shall make no alterations, improvements or changes to the Leased Premises, including the Leasehold Improvements Building or Corporate Xxxxx or install any vending machines on the Leased Premises without Landlord's prior written consent. Unless Landlord shall otherwise agree in writing, all maintenance, alterations, replacements, repairs, improvements or changes to which Landlord may consent shall be done either by or under the direction of Landlord, but at the sole cost of Tenant and only pursuant to such plans, specifications and agreements as are approved by Landlord. By consenting to or approving any plans, specifications and agreements for any alterations, improvements or changes which Tenant desires to make to the Leased Premises, Landlord does not warrant and shall assume no responsibility or liability for the completeness, design sufficiency, or compliance of such plans with all applicable laws, rules and regulations of governmental agencies or authorities.
C. Tenant shall be responsible for the Leased Premises and at Tenant's Propertycost, neatshall keep it in a safe, clean, neat and in good order and attractive condition. Tenant shall give Landlord prompt notice of any damage to or defective condition in any part or appurtenance pay for all redecoration, remodeling, alteration and painting of the Leased Premises desired by Tenant which are approved by Landlord. Tenant shall also pay for the repair and maintenance during the Lease Term of all special equipment or improvements installed in the Leased Premises, the Leasehold Improvementsincluding, Tenant's Propertybut not limited to, supplemental air handling units, dishwashers, icemakers, disposals, showers, sinks, commodes, parquet floors, glass walls or the Building including mechanical, electrical, plumbing, heating, ventilating, air conditioning sidelights and other similar equipment facilities or improvements.
D. Tenant covenants and systems located within or serving the Building, (hereinafter the "Building Systems"). Tenant shall, at Tenant's cost agrees to reimburse Landlord for all costs and expense, expenses incurred by Landlord to repair or replace any damage or injury done to Corporate Xxxxx, the Building Building, the Leased Premises, or the Premises any part of any of such property, caused by Tenant or by Tenant's agentsits Invitees, employees, invitees or visitors. If Tenant fails to make and such repairs or replacements promptlyshall restore the damaged property to as good a condition as it was in prior to such damage, or within fifteen (15) days of Landlord's written notice of occurrenceand shall be effected in compliance with all applicable laws, Landlord mayordinances, at its optionrules and regulations, make such repairs or replacement and Tenant shall repay pay the cost thereof to Landlord upon demandon demand as Additional Rent. The Tenant shall not commit contract for any work or allow any waste or damage to be committed on any portion of the Premises or the Building and shall, at the termination of this Lease, by lapse of time or otherwise, deliver the Premises to Landlord broom-clean and in as good condition as at date of possession by Tenant, ordinary wear and tear excepted.
(b) The repair and maintenance of the heating, ventilating and air conditioning systems, equipment and fixtures shall be undertaken pursuant to an HVAC service contract entered into by Landlord and included in the Operating Expenses.
(c) Landlord shall, at which might interfere with Landlord's expenseemployees, repair, replace and maintain agents or contractors doing work or performing services for the roof and the external and structural parts benefit of the Building which do not constitute a part of the Premises and shall perform such repairs, replacements and maintenance with reasonable dispatch, in a good and workmanlike manner. Landlord shall keep and maintain the Common Area (the expense of which shall be borne in part by Tenant as a Operating Expense described above) in good order and repair.
(d) Except as provided herein, Landlord shall have no liability to Tenant nor shall Tenant's covenants and obligations under this Lease be reduced or abated in any manner whatsoever by reason of any inconvenience, annoyance, interruption or injury to business arising from Landlord's making any repairs or changes which Landlord is required or permitted by this Lease or by any other tenant's lease or required by law to make in or to any portion of the Premises, the Building or the Building SystemsLeased Premises. Landlord shall nevertheless use its best efforts to minimize any interference with Tenant's business in the Premises.
(e) Tenant shall not make any alteration in or Any and all alterations to the Leased Premises without shall become the prior written consent property of Landlord, which shall not be unreasonably withheld. If Landlord gives its consent to the making upon termination of alterations this Lease (except for movable equipment or furniture owned by Tenant), all such work shall be done in accordance with such requirements and upon such conditions as Landlordprovided, in however, that Landlord may solely at its sole discretionoption, may impose. Any review or approval by Landlord require Tenant to remove at the end of any plans or specifications with respect to any alteration is solely for Landlord's benefitthe Lease Term, and without any representation or warranty whatsoever to Tenant with respect to the adequacy, correctness or efficiency thereof or otherwise.
(f) Tenant shall defend, indemnify and save harmless Landlord from and against any and all mechanics' leasehold improvements designated by Landlord and all fixtures, equipment and other liens property installed on or in the Leased Premises by Tenant and encumbrances filed to thereafter restore the Leased Premises to the condition required by Section 37 hereof. In the event that Landlord so elects, and Tenant fails to remove any person claiming through or under Tenant, including security interests in any materialssuch leasehold improvements, fixtures, equipment or any other improvements or appurtenances installed in and constituting property, Landlord may remove such at Tenant's cost with no obligation on the part of the Premises and against all costs, expenses and liabilities (including reasonable attorneys' fees) incurred in connection with Landlord to preserve or store any such lien removed improvements, fixtures, equipment or encumbrance or any action or proceeding brought thereon. property, and Tenant at its expense shall procure the satisfaction or discharge of record of pay Landlord on demand as Additional Rent all such liens and encumbrances within twenty (20) days after the filing thereof. Pursuant to the provisions of Section 713.10, Florida Statutes, under no circumstances shall the interest of costs incurred by Landlord in removing such and to restoring the Property or the Building be subject to liens for improvements made by Tenant or subject to any mechanic's, laborer's or materialman's lien or any other lien or charge on account of or arising from any contract or obligations of TenantLeased Premises as hereinabove provided.
Appears in 1 contract
Samples: Lease Agreement (Brooke Corp)
Repairs Maintenance and Alterations. (a) Tenant 2.1 The LESSEE shall keep provide, at its cost, routine maintenance items, excluding routine cleaning and janitorial services.
2.2 The LESSOR, its servants or agents, shall have at all reasonable times, access to any part of the Premisesaforesaid premises for the purpose of examining same or making any necessary repairs or changes in plumbing, including the Leasehold Improvements and Tenant's Propertyelectric wiring, neatgas pipes, cleanheating or other alterations, and in good order and condition. Tenant shall give Landlord prompt notice of any damage to or defective condition repairs in any part or appurtenance of the Premisespremises hereby leased, which it may be incumbent upon the Leasehold ImprovementsLESSOR to make.
2.3 The LESSOR shall perform all necessary repairs, Tenant's Propertyreplacements, or the Building including mechanical, electrical, and required maintenance with respect to all plumbing, wiring, roof, supporting structural members, windows, telephone, locks and heating, ventilating, air conditioning and other equipment facilities and systems located within or serving the Building, (hereinafter the "Building Systems"). Tenant shall, at Tenant's cost and expense, repair or replace any damage or injury done to the Building or the Premises caused by Tenant or by Tenant's agents, employees, invitees or visitors. If Tenant fails to make such repairs or replacements promptly, or within fifteen (15) days of Landlord's written notice of occurrence, Landlord may, at its option, make such repairs or replacement and Tenant shall repay the cost thereof to Landlord upon demand. Tenant shall not commit or allow any waste or damage to be committed on any portion of the Premises or the Building and shall, at the termination of this Lease, by lapse of time or otherwise, deliver the Premises to Landlord broom-clean and in as good condition as at date of possession by Tenant, ordinary wear and tear excepted.
(b) The repair and maintenance of the heating, ventilating and air conditioning systems, equipment and fixtures shall be undertaken pursuant to an HVAC service contract entered into by Landlord and included in the Operating Expenses.
(c) Landlord shall, at Landlord's expense, repair, replace and maintain the roof and the external and structural parts of the Building which do not constitute a part of the Premises and shall perform such repairs, replacements and maintenance with reasonable dispatch, in a good and workmanlike manner. Landlord shall keep and maintain the Common Area (the expense of which shall be borne in part by Tenant as a Operating Expense described above) in good order and repair.
(d) Except as provided herein, Landlord LESSOR shall have no liability to Tenant nor shall Tenant's covenants and other repair, replacement, or maintenance obligations under this Lease be reduced or abated in any manner whatsoever by reason of any inconvenience, annoyance, interruption or injury to business arising from Landlord's making any repairs or changes for items which Landlord is required or permitted by this Lease or by any other tenant's lease or required by law to make in or to any portion of the Premises, the Building or the Building Systems. Landlord shall nevertheless use its best efforts to minimize any interference with Tenant's business in the Premisesare not specifically enumerated being considered routine maintenance.
(e) Tenant shall not make any alteration in or to the Premises without 2.4 The LESSEE may, with the prior written consent of Landlordthe Manager of the Business and Technology Center, make such repairs as are the obligation of the LESSOR, in which case the LESSOR shall not reimburse the LESSEE for the cost of such repairs. Such reimbursement shall, however, be unreasonably withheld. If Landlord gives its consent limited to the making specific item and specific dollar amounts which the Manager of the Business and Technology Center has approved in advance.
2.5 The LESSEE may, with the prior written consent of the Manager of the Business and Technology Center make alterations to the LEASEHOLD at its own expense, provided such alterations do not impair the structure in which the LEASEHOLD is situated.
2.6 At the termination of this lease, and with the prior written consent of the Manager of the Business and Technology Center, the LESSEE may remove any alterations which it has made pursuant to Section 2.5, provided such removal can be and is done without damaging the LEASEHOLD or the structure in which it is situated. Any alterations left after termination shall become the property of the LESSOR without cost to the LESSOR.
2.7 In case of damages or injury to the glass in the demised premises or damage or injury to the same premises of any kind whatsoever, said damage or injury being caused by Tenantthe carelessness, all such work negligence or improper conduct of the LESSEE, its agents, servants, guests, or employees, then the LESSEE shall cause the said damage or injury to be repaired in equal quality and type as speedily as possible at its own cost and expense, otherwise the same shall be done in accordance with such requirements and upon such conditions as Landlord, in its sole discretion, may impose. Any review replaced or approval repaired by Landlord of any plans or specifications with respect to any alteration is solely for Landlord's benefit, and without any representation or warranty whatsoever to Tenant with respect to the adequacy, correctness or efficiency thereof or otherwise.
(f) Tenant shall defend, indemnify and save harmless Landlord from and against any and all mechanics' and other liens and encumbrances filed by any person claiming through or under Tenant, including security interests in any materials, fixtures, equipment or any other improvements or appurtenances installed in and constituting part LESSOR at the cost of the Premises and against all costs, expenses and liabilities (including reasonable attorneys' fees) incurred in connection with any such lien or encumbrance or any action or proceeding brought thereon. Tenant at its expense shall procure the satisfaction or discharge of record of all such liens and encumbrances within twenty (20) days after the filing thereof. Pursuant to the provisions of Section 713.10, Florida Statutes, under no circumstances shall the interest of Landlord in and to the Property or the Building be subject to liens for improvements made by Tenant or subject to any mechanic's, laborer's or materialman's lien or any other lien or charge on account of or arising from any contract or obligations of TenantLESSEE.
Appears in 1 contract
Repairs Maintenance and Alterations. (a) Tenant shall keep the Premises, including the Leasehold Improvements and Tenant's Property, neat, clean, and in good order and condition. Tenant shall give Landlord prompt notice of any damage to or defective condition in any part or appurtenance of the Premises, the Leasehold Improvements, Tenant's Property, or the Building (including mechanical, electrical, plumbing, heating, ventilating, air conditioning and other equipment facilities and systems located within or serving the Building, (hereinafter the "Building Systems"). Tenant shallshall be responsible for al1 repairs, at replacements and alterations in and to the Premises, the Leasehold Improvements, and Tenant's cost Property and expensefor all repairs, repair or replace any damage or injury done replacements and alterations in and to the Building and the Building Systems, the need for which arises out of: (i) Tenant's misuse or occupancy of the Premises caused by Premises; (ii) the installation or use of Tenant's Property in the Premises; (iii) the moving of Tenant's Property into or out of the Building; or (iv) any other act or omission of Tenant or by Tenant's agentsRepresentatives; provided, employeeshowever, invitees that such repairs, replacements or visitors. If alterations (other than to Tenant's Property) shall be made by Landlord and Tenant fails to make such repairs or replacements promptly, or shall pay Landlord within fifteen (15) 10 days of demand the cost therefor plus 15 percent for Landlord's written notice of occurrence, overhead and profit. Landlord may, before commencing any such work or at its optionany time thereafter, make such repairs or replacement and require Tenant shall repay the cost thereof to furnish to Landlord upon demand. Tenant such security in form (including a bond issued by a surety satisfactory to Landlord) and amount as Landlord shall not commit or allow any waste or damage to be committed on any portion of the Premises or the Building and shall, at the termination of this Lease, by lapse of time or otherwise, deliver the Premises to Landlord broom-clean and in as good condition as at date of possession by Tenant, ordinary wear and tear excepteddeem necessary.
(b) The repair and maintenance of Landlord reserves the right to stop services on the heating, ventilating air conditioning, elevator, plumbing and air conditioning electrical systems, equipment when in Landlord's reasonable judgment, the same is deemed necessary by reason of accident, emergency or for repairs, alterations, replacements or improvements thereto, provided that except in case of emergency, Landlord will notify Tenant in advance, if possible, of any such stoppage and, if ascertainable, its estimated duration, and fixtures shall be undertaken pursuant will proceed with the work necessary to an HVAC resume such service contract entered into by Landlord as promptly as possible and included in a manner and at times, including after business hours, so as not to unduly interfere with or impair Tenant's use and enjoyment of the Operating ExpensesPremises.
(c) Tenant shall not place a load upon any floor of the Premises which exceeds the load per square foot which such floor was designed to carry.
(d) Tenant shall not install business machines or mechanical equipment which cause noise or vibration that may be transmitted to the structure of the Building
(e) Landlord (except as provided in Section 7(a)) shall, at LandlordLand1ord's expense, repair, replace and maintain the roof and the external and structural parts of the Building which do not constitute a part of the Premises and are not leased to others, and shall perform such repairs, replacements and maintenance with reasonable dispatch, in a good and workmanlike manner. Landlord shall keep and maintain the Common Area (the expense of which shall be borne in part by Tenant as a Operating Expense described above) in good order and repair.
(df) Except as provided herein, Landlord shall have no liability to Tenant nor shall Tenant's covenants and obligations under this Lease be reduced or abated in any manner whatsoever by reason of any inconvenience, annoyance, interruption or injury to business arising from Landlord's making any repairs or changes which Landlord is required or permitted by this Lease or by any other tenant's lease or required by law to make in or to any portion of the Premises, the Building or the Building Systems. Landlord shall nevertheless use its best efforts to minimize any interference with Tenant's business in the Premises.
(eg) Tenant shall not make any alteration in or to the Premises without the prior written consent of Landlord. If alterations requested by Tenant are made by Landlord, which Tenant shall not be unreasonably withheldpay Landlord within ten days of demand the cost therefor plus 15 percent for Landlord's overhead and profit. If Landlord gives its consent to the making of alterations by Tenant, all such work shall be done in accordance with such requirements and upon such conditions as LandlordLand1ord, in its sole discretion, may impose. Any review or approval by Landlord of any plans or specifications with respect to any alteration is solely for Landlord's benefit, and without any representation or warranty whatsoever to Tenant with respect to the adequacy, correctness or efficiency thereof or otherwise.
(fh) Tenant shall defend, indemnify and save harmless Landlord from and against any and all mechanics' and other liens and encumbrances filed by any person claiming through or under Tenant, including security interests in any materials, fixtures, equipment or any other improvements or appurtenances installed in and constituting part of the Premises and against all costs, expenses and liabilities (including reasonable attorneys' fees) incurred in connection with any such lien or encumbrance or any action or proceeding brought thereon. Tenant at its expense shall procure the satisfaction or discharge of record of all such liens and encumbrances within twenty (20) 20 days after the filing thereof. Pursuant to the provisions of Section 713.10, Florida Statutes, under Under no circumstances shall the interest of Landlord in and to the Property Land or the Building be subject to liens for improvements made by Tenant Tenant.
(i) If there now is or subject to any mechanic's, laborer's or materialman's lien shall be installed in the Building a "sprinkler system" and such system or any of its appliances shall be damaged or injured, by reason of any act or omission of Tenant, or Tenant's agents, servants, employees, licensees or visitors, Tenant shall forthwith restore the same to good working condition at its own expense; and if the Board of Fire Underwriters or any bureau, department or official of the state or city government having jurisdiction shall require or recommend that any changes, modifications, alterations or additional sprinkler heads or other lien equipment bc made or supplied by reason of Tenant's business, or the location of partitions, trade fixtures, or other contents of the Premises, after initial occupancy, or if any such changes, modifications, alterations, additional sprinkler heads or other equipment, become necessary to prevent the imposition of a penalty or charge on account of against the full allowance for a sprinkler system in the first insurance rate as fixed by said exchange, or arising from any contract by a fire insurance company, Tenant shall, at Tenant's expense, promptly make and supply such changes, modifications, alterations, additional sprinkler heads or obligations of Tenantother equipment.
Appears in 1 contract
Samples: Office Lease (Jreck Subs Group Inc)
Repairs Maintenance and Alterations. (a) 7.1 Tenant shall shall, during the Term of this Lease and at Tenant's expense, keep the PremisesPremises and appurtenances and every part thereof in good order, including the Leasehold Improvements and Tenant's Property, neat, cleancondition, and in good order and condition. Tenant shall give Landlord prompt notice of any damage to or defective condition in any part or appurtenance of the Premisesrepair, including, without limitation, the Leasehold Improvementssidewalks, Tenant's Propertyentrances, or the Building including mechanicalpassages, electricalcourts, plumbingvestibules, heatingstairways, ventilatingcorridors, halls, elevators, air conditioning equipment, heating equipment, water system, toilet facilities, and all other machinery and equipment facilities in the Improvements. Except as herein provided, Tenant shall make all repairs to the exterior of the Improvements, shall make all structural repairs, and systems located within or serving shall keep and maintain all landscaped areas in a neat, orderly, and trim condition at its expense. If Tenant does not keep and maintain the BuildingPremises as herein provided, (hereinafter Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord, as Additional Rent, the "Building Systems")cost thereof forthwith upon being billed for the same. Tenant shall, at Tenant's cost and expense, repair or replace any All damage or injury done to the Building or the Premises and to its fixtures, appurtenances, and equipment caused by Tenant moving property in or out of the Premises or by installation, removal of furniture, fixtures, equipment, or other property by Tenant's , its agents, contractors, servants, or employees, or resulting from any other cause of any other kind or nature whatsoever due to carelessness, omission, neglect, improper conduct, or other causes of Tenant, its servants, employees, invitees agents, visitors, or visitorslicensees, shall be repaired, restored, or replaced promptly by Tenant at its sole cost and expense to the satisfaction of Landlord. If Tenant fails to make such repairs repairs, restorations, or replacements, the same may be made by Landlord and the same shall be at the expense of Tenant and collectible as Additional Rent or otherwise, and shall be paid by Tenant to Landlord within five (5) days after rendition of a xxxx or statement therefor.
7.2 Except as otherwise provided herein, no improvements, alterations, or replacements promptly, or within fifteen (15) days of Landlord's written notice of occurrence, Landlord may, at its option, make such repairs or replacement and Tenant shall repay the cost thereof be made to Landlord upon demand. Tenant shall not commit or allow any waste or damage to be committed on any portion of the Premises or the Building and shall, at the termination of this Lease, by lapse of time or otherwise, deliver the Premises to Landlord broom-clean and in as good condition as at date of possession by Tenant, ordinary wear and tear excepted.
(b) The repair and maintenance of the heating, ventilating and air conditioning systems, equipment and fixtures shall be undertaken pursuant to an HVAC service contract entered into by Landlord and included in the Operating Expenses.
(c) Landlord shall, at Landlord's expense, repair, replace and maintain the roof and the external and structural parts of the Building which do not constitute a part of the Premises and shall perform such repairs, replacements and maintenance with reasonable dispatch, in a good and workmanlike manner. Landlord shall keep and maintain the Common Area (the expense of which shall be borne in part by Tenant as a Operating Expense described above) in good order and repair.
(d) Except as provided herein, Landlord shall have no liability to Tenant nor shall Tenant's covenants and obligations under this Lease be reduced or abated in any manner whatsoever by reason of any inconvenience, annoyance, interruption or injury to business arising from Landlord's making any repairs or changes which Landlord is required or permitted by this Lease or by any other tenant's lease or required by law to make in or to any portion of the Premises, the Building or the Building Systems. Landlord shall nevertheless use its best efforts to minimize any interference with Tenant's business in the Premises.
(e) Tenant shall not make any alteration in or to the Premises thereof without the prior written consent of Landlord, which .
7.3 Tenant shall not suffer or permit any statements of mechanic's liens to be unreasonably withheld. If Landlord gives its consent filed against the Premises or any part thereof by reason of work, labor, services, or materials supplied or claimed to the making of alterations by Tenant, all such work shall be done in accordance with such requirements and upon such conditions as Landlord, in its sole discretion, may impose. Any review or approval by Landlord of any plans or specifications with respect to any alteration is solely for Landlord's benefit, and without any representation or warranty whatsoever have been supplied to Tenant with respect to or anyone holding the adequacy, correctness Premises or efficiency any part thereof or otherwise.
(f) Tenant shall defend, indemnify and save harmless Landlord from and against any and all mechanics' and other liens and encumbrances filed by any person claiming through or under Tenant. If any such statement of mechanic's lien shall at any time be filed against the Premises, including security interests Tenant shall cause the same to be discharged of record within thirty (30) days after the date of actual notice to Tenant of filing the same. If Tenant shall fail to discharge such mechanic's lien within such period or fail to deposit an amount equal to one hundred twenty-five percent (125%) of the amount claimed with the court within such period, then in any materials, fixtures, equipment or addition to any other improvements right or appurtenances installed remedy of Landlord, Landlord may, but shall not be obligated to, discharge the same either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit in and constituting part court or by giving security or in such other manner as is, or may be, prescribed by law. Any amount paid by Landlord for any of the Premises aforesaid purposes and against all costsother reasonable expenses of Landlord, expenses and liabilities (including reasonable attorneys' fees) incurred , in or about procuring the discharge of such lien, with all necessary disbursements in connection therewith, with interest thereon at the rate of eight percent (8%) per annum from the date of payment, shall be repaid by Tenant to Landlord on demand, and if unpaid may be treated as Additional Rent. Nothing herein contained shall imply any such lien consent or encumbrance or any action or proceeding brought thereon. Tenant at its expense shall procure agreement on the satisfaction or discharge of record of all such liens and encumbrances within twenty (20) days after the filing thereof. Pursuant to the provisions of Section 713.10, Florida Statutes, under no circumstances shall the interest part of Landlord in and to the Property or the Building be subject Landlord's estate to liens for improvements made by Tenant or subject to liability under any mechanic's, laborer's or materialman's lien or any other lien or charge on account of or arising from any contract or obligations of Tenantlaw.
Appears in 1 contract
Samples: Lease (Entegris Inc)
Repairs Maintenance and Alterations. (a) Tenant shall keep agrees to maintain and repair the Premises, including interior of the Leasehold Improvements and Tenant's Property, neat, cleanleased premises, and in good order and condition. Tenant shall give Landlord prompt notice of any damage to or defective condition in any part or appurtenance of the Premisesincluding, without limitation, the Leasehold Improvements, Tenant's Property, or the Building including mechanical, electrical, plumbing, heating, ventilating, air conditioning and other equipment facilities and systems located within or serving the Building, (hereinafter the "Building Systems"). Tenant shall, at Tenant's cost and expense, repair or replace any damage or injury done to the Building or the Premises caused by Tenant or by Tenant's agents, employees, invitees or visitors. If Tenant fails to make such repairs or replacements promptly, or within fifteen (15) days of Landlord's written notice of occurrence, Landlord may, at its option, make such repairs or replacement and Tenant shall repay the cost thereof to Landlord upon demand. Tenant shall not commit or allow any waste or damage to be committed on any portion of the Premises or the Building and shall, at the termination of this Lease, by lapse of time or otherwise, deliver the Premises to Landlord broom-clean and in as good condition as at date of possession by Tenant, ordinary wear and tear excepted.
(b) The repair and maintenance of the heating, ventilating heating and air conditioning systems, equipment and fixtures shall be undertaken pursuant to an HVAC service contract entered into by Landlord and included in the Operating Expenses.
(c) Landlord shall, at Landlord's expense, repair, replace and maintain the roof and the external and structural parts of the Building which do not constitute a part of the Premises and shall perform such repairs, replacements and maintenance with reasonable dispatchsystem, in a good and workmanlike mannertenantable condition at all times during the term of this Lease Agreement consistent with Tenant's use of the premises. Landlord shall keep and maintain the Common Area (the expense of which Tenant shall be borne in part by further responsible for replacement of exterior glass at the Leased Premises. Tenant as a Operating Expense described above) shall yield up the premises to Landlord at the expiration or earlier termination of this Lease in good order and repair.
(d) Except , in the same condition in which they are presently constructed or subsequently remodeled, as provided hereinin this Lease, Landlord shall have no liability to Tenant nor shall Tenant's covenants reasonable wear and obligations under tear only excepted. During the term of this Lease be reduced or abated in any manner whatsoever Agreement, Tenant may erect necessary improvements on the Leased Premises for use by reason of any inconvenience, annoyance, interruption or injury to business arising from Landlord's making any repairs or changes which Landlord is required or permitted by this Lease or by any other tenant's lease or required by law to make in or to any portion of the Premises, the Building or the Building Systems. Landlord shall nevertheless use its best efforts to minimize any interference Tenant only with Tenant's business in the Premises.
(e) Tenant shall not make any alteration in or to the Premises without the prior written consent of Landlord, which shall not be unreasonably withheld. If Landlord gives its consent to the making of alterations by Tenant, all such work " construction shall be done performed in a good and workerlike manner in accordance with such all applicable building codes, laws, ordinances, regulations and other requirements and upon such conditions as Landlord, in its sole discretion, may impose. Any review or approval by Landlord of any plans or specifications with respect to any alteration is solely for Landlord's benefitgovernmental authorities, and without any representation or warranty whatsoever to Tenant with respect to the adequacy, correctness or efficiency thereof or otherwise.
(f) at Tenant's own cost and expense. Tenant shall defend, at all times keep the Leased Premises free of all liens or mechanics liens. Tenant agrees to indemnify and save hold Landlord harmless Landlord from and against any claim or lien on account of such improvements and shall indemnify Landlord from all mechanics' costs incurred by Landlord in defending the same. At the expiration or earlier termination of this Lease Agreement, all improvements upon the Leased Premises made by the Tenant shall, absent any agreement between landlord and other liens and encumbrances filed by any person claiming through or under TenantTenant to the contrary at the time of installation, including security interests in any materials, fixtures, equipment or any other improvements or appurtenances installed in and constituting part become the property of the Premises Tenant and against Tenant shall remove any or all costs, expenses and liabilities (including reasonable attorneys' fees) incurred in connection with any such lien or encumbrance or any action or proceeding brought thereon. Tenant at its expense shall procure of the satisfaction or discharge of record of all such liens and encumbrances within twenty (20) days after the filing thereof. Pursuant to the provisions of Section 713.10, Florida Statutes, under no circumstances shall the interest of Landlord in and to the Property or the Building be subject to liens for improvements made by Tenant at the conclusion of the lease term. Tenant shall promptly repair any damage caused by such removal and restore the Leased Premises to the same condition as existed upon the commencement of the lease term. Improvements, fixtures and personal property of Tenant shall be removed within sixty (60) days from the date of any termination of this Lease Agreement. Any such improvements, fixtures and personal property of Tenant remaining on the Leased Premises after the expiration of said sixty (60) days shall become the property of Landlord. Except for exterior and structural alterations made by Tenant and except as otherwise provided herein, Landlord agrees to repair and maintain all other the exterior and the structural components of the building, including the roof, foundation, electrical and plumbing systems, but not including any maintenance or subject to any mechanic'srepair resulting from the negligence or misconduct of Tenant, laborer's its agents, contractors, or materialman's lien or any other lien or charge on account of or arising from any contract or employees. Notwithstanding the foregoing obligations of TenantLandlord, to the extent any of the foregoing structural repairs and maintenance do not involve structural repairs or corrections of construction defects, and to the extent that, in each case, the Tenant first approves such maintenance and repairs, Tenant agrees to reimburse Landlord for one-half (1/2) the total cost of such maintenance and repair, within thirty (30) days of the Landlord's request. Further, Landlord shall be responsible for exterior lighting, grass maintenance, plowing and/or clearing the driveway, parking area, and walkways serving the premises. Within thirty (30) days of Landlord's request, Tenant shall pay one-half (1/2) of the total cost of such exterior lighting, grass maintenance, plowing and clearing the driveway, parking area, and walkways.
Appears in 1 contract
Repairs Maintenance and Alterations. (a) Tenant Lessee shall at all times during the term hereof, at its sole cost and expense, keep the Premisespremises and every part thereof in good condition and repair, including except damage thereto by fire, earthquake, act of God or the Leasehold Improvements and Tenantelements. Lessee hereby waives the right to make repairs at Lessor's Propertyexpense under any law, neatstatute or ordinance with respect thereto now or hereafter in effect. Unless otherwise expressly provided herein, cleanLessor shall not be required to make any improvements or repairs of any kind or character on or to the leased premises during the term of this Lease Agreement; however, Landlord will provide routine maintenance for any damage or problems not caused by Lessee. Lessee shall return, upon expiration of this Agreement the premises in their original configuration, design, and in good order and conditioncondition to Lessor. Tenant shall give Landlord prompt notice of any damage to or defective condition in any part or appurtenance of the Premises, the Leasehold Improvements, Tenant's Property, or the Building including mechanical, electrical, plumbing, heating, ventilating, air conditioning and other equipment facilities and systems located within or serving the Building, (hereinafter the "Building Systems"). Tenant Lessee shall, at Tenant's its own cost and expense, repair or replace any damage or injury done to the Building leased premises, or the Premises any part thereof, caused by Tenant Lessee or by TenantLessee's agents, employees, invitees invitees, licensees, or visitors. If Tenant fails ; provided, however, if Lessee falls to make such repairs or replacements promptly, or within fifteen (15) days of Landlord's written notice of occurrence, Landlord Lessor may, at its option, make such repairs or replacement replacements, and Tenant Lessee shall repay reimburse the cost thereof to Landlord upon Lessor on demand. Tenant shall not commit or allow any waste or damage to be committed on any portion of the Premises or the Building and shall, together with interest at the termination of this Lease, maximum annual rate permitted by lapse of time or otherwise, deliver law from the Premises to Landlord broom-clean and in as good condition as at date of possession by Tenantsuch work. If Lessee vacates the premises and leaves the premises in a condition requiring painting, ordinary wear carpet cleaning, or other maintenance to restore the premises to leasable condition, a minimum fee of $200.00 per office will be assessed and tear excepted.
(b) The repair and maintenance of the heating, ventilating and air conditioning systems, equipment and fixtures shall be undertaken pursuant to an HVAC service contract entered into by Landlord and included confirmed in the Operating Expenses.
termination meeting (cif conducted) Landlord shall, at Landlord's expense, repair, replace and maintain the roof and the external and structural parts or within 30 days of the Building which do not constitute date of vacancy. Lessee agrees to keep a part of the Premises and shall perform such repairs, replacements and maintenance with reasonable dispatch, in a good and workmanlike manner. Landlord shall keep and maintain the Common Area (the expense of which shall be borne in part by Tenant as a Operating Expense described above) in good order and repair.
(d) Except as provided herein, Landlord shall have no liability to Tenant nor shall Tenant's covenants and obligations floor mat under this Lease be reduced or abated in any manner whatsoever by reason of any inconvenience, annoyance, interruption or injury to business arising from Landlord's making any repairs or changes which Landlord is required or permitted by this Lease or by any other tenant's lease or required by law to make in or to any portion of the Premises, the Building or the Building Systems. Landlord shall nevertheless use its best efforts to minimize any interference with Tenant's business in the Premises.
(e) Tenant shall not make any alteration in or to the Premises without the prior written consent of Landlord, which shall not be unreasonably withheld. If Landlord gives its consent to the making of alterations by Tenant, all such work shall be done in accordance with such requirements and upon such conditions as Landlord, in its sole discretion, may impose. Any review or approval by Landlord of any plans or specifications with respect to any alteration is solely for Landlord's benefit, and without any representation or warranty whatsoever to Tenant with respect to the adequacy, correctness or efficiency thereof or otherwise.
(f) Tenant shall defend, indemnify and save harmless Landlord from and against any and all mechanics' and other liens and encumbrances filed by any person claiming through or under Tenant, including security interests in any materials, fixtures, equipment or any other improvements or appurtenances installed in and constituting part of chairs with rollers/wheels at all times to protect the Premises and against all costs, expenses and liabilities (including reasonable attorneys' fees) incurred in connection with any such lien or encumbrance or any action or proceeding brought thereon. Tenant at its expense shall procure the satisfaction or discharge of record of all such liens and encumbrances within twenty (20) days after the filing thereof. Pursuant to the provisions of Section 713.10, Florida Statutes, under no circumstances shall the interest of Landlord in and to the Property or the Building be subject to liens for improvements made by Tenant or subject to any mechanic's, laborer's or materialman's lien or any other lien or charge on account of or arising from any contract or obligations of Tenantcarpeting.
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Samples: Lease Agreement (Summa Four Inc)
Repairs Maintenance and Alterations. (a7.1) Tenant shall shall, during the Term of the Lease and at Tenant's expense, keep the Premises, including the Leasehold Improvements leased Premises and Tenant's Property, neat, clean, appurtenances and every part thereof in good order order, condition and conditionrepair, including, without limitation, all Improvements (including foundations, walls and roof) the sidewalks, entrances, passages, courts, vestibules, stairways, corridors, halls, elevators, air conditioning equipment, heating equipment, water system, toilet facilities and all other machinery and equipment in the Improvements. Tenant shall give Landlord prompt notice of any damage make all repairs to or defective condition in any part or appurtenance the exterior of the PremisesImprovements and shall keep and maintain all landscaped areas in a neat, orderly and trim condition at its expense. If Tenant does not keep and maintain the Leased premises as herein provided, Landlord may, but shall not be obligated to, make such repairs and replacements, and Tenant shall pay Landlord, as Additional Rent, the Leasehold Improvements, Tenant's Property, or cost thereof forthwith upon being billed for the Building including mechanical, electrical, plumbing, heating, ventilating, air conditioning and other equipment facilities and systems located within or serving the Building, (hereinafter the "Building Systems")same. Tenant shall, at Tenant's cost and expense, repair or replace any All damage or injury done to the Building or the Premises Leased premises and to its fixtures, appurtenances, and equipment caused by Tenant moving property in or out of the Leased Premises or by installation, removal of furniture, fixtures, equipment or other property by Tenant's , its agents, contractors, servants or employees, or resulting from any other cause of any other kind or nature whatsoever due to carelessness, omission, neglect, improper conduct or other causes of Tenant, its servants, employees, invitees agents, visitors or visitorslicensees, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense to the satisfaction of Landlord. If Tenant fails to make such repairs repairs, restorations or replacements promptlyreplacements, or within fifteen (15) days of Landlord's written notice of occurrence, the same may be made by Landlord may, at its option, make such repairs or replacement and Tenant the same shall repay the cost thereof to Landlord upon demand. Tenant shall not commit or allow any waste or damage to be committed on any portion of the Premises or the Building and shall, at the termination expense of this Lease, by lapse of time Tenant and collectible as Additional Rent or otherwise, deliver the Premises and shall be paid by Tenant to Landlord broom-clean and in as good condition as at date within five (5) days after rendition of possession by Tenant, ordinary wear and tear excepteda xxxx or statement therefor.
(b) The repair and maintenance of the heating, ventilating and air conditioning systems, equipment and fixtures shall be undertaken pursuant to an HVAC service contract entered into by Landlord and included in the Operating Expenses.
(c) Landlord shall, at Landlord's expense, repair, replace and maintain the roof and the external and structural parts of the Building which do not constitute a part of the Premises and shall perform such repairs, replacements and maintenance with reasonable dispatch, in a good and workmanlike manner. Landlord shall keep and maintain the Common Area (the expense of which shall be borne in part by Tenant as a Operating Expense described above) in good order and repair.
(d7.2) Except as otherwise provided herein, Landlord no improvements, alterations or replacements shall have no liability be made to Tenant nor shall Tenant's covenants and obligations under this Lease be reduced the Leased Premises or abated in any manner whatsoever by reason of any inconvenience, annoyance, interruption or injury to business arising from Landlord's making any repairs or changes which Landlord is required or permitted by this Lease or by any other tenant's lease or required by law to make in or to any portion of the Premises, the Building or the Building Systems. Landlord shall nevertheless use its best efforts to minimize any interference with Tenant's business in the Premises.
(e) Tenant shall not make any alteration in or to the Premises thereof without the prior written consent of Landlord, which shall not be unreasonably withheld. If Landlord gives its consent to the making of alterations by Tenant, all such work shall be done in accordance with such requirements and upon such conditions as Landlord, in its sole discretion, may impose. Any review or approval by Landlord of any plans or specifications with respect to any alteration is solely for Landlord's benefit, and without any representation or warranty whatsoever to Tenant with respect to the adequacy, correctness or efficiency thereof or otherwise.
(f7.3) Tenant shall defendnot suffer or permit any statements of mechanic's liens to be filed against the Leased Premises or any part thereof by reason of work, indemnify and save harmless Landlord from and against labor, services or materials supplied or claimed to have been supplied to Tenant or anyone holding the Leased Premises or any and all mechanics' and other liens and encumbrances filed by any person claiming part thereof through or under Tenant. If any such statement of mechanic's lien shall at any time be filed against the Leased Premises, including security interests Tenant shall cause the same to be discharged of record within sixty (60) days after the date of actual notice to Tenant of filing the same. If Tenant shall fail to discharge such mechanic's lien within such period or fail to deposit an amount equal to one hundred ten percent (110%) of the amount claimed with the court within such period, then in any materials, fixtures, equipment or addition to any other improvements right or appurtenances installed remedy of Landlord, Landlord may, but shall not be obligated to, discharge the same either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit in and constituting part court or by giving security or in such other manner as is, or may be, prescribed by law. Any amount paid by Landlord for any of the Premises aforesaid purposes, and against all costsreasonable other expenses of Landlord, expenses and liabilities (including reasonable attorneys' fees) incurred , in or about procuring the discharge of such lien, with all necessary disbursements in connection therewith, with interest thereon at the rate of eight percent (8%) per annum from the date of payment, shall be repaid by Tenant to Landlord on demand, and if unpaid may be treated as Additional Rent. Nothing herein contained shall imply any such lien consent or encumbrance or any action or proceeding brought thereon. Tenant at its expense shall procure agreement on the satisfaction or discharge of record of all such liens and encumbrances within twenty (20) days after the filing thereof. Pursuant to the provisions of Section 713.10, Florida Statutes, under no circumstances shall the interest part of Landlord in and to the Property or the Building be subject Landlord's estate to liens for improvements made by Tenant or subject to liability under any mechanic's, laborer's or materialman's lien or any other lien or charge on account of or arising from any contract or obligations of Tenantlaw.
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Samples: Lease Agreement (Entegris Inc)
Repairs Maintenance and Alterations. (a) A. Landlord agrees to maintain the structure, roof, exterior walls, exterior doors, exterior windows, public restrooms, elevators, all plumbing, heating, air conditioning and similar equipment and the corridors of the Building of which the Leased Premises is a part, and the grounds and parking areas serving the Building, and the common areas within Corporate Xxxxx in good repair, provided, however, that if any repairs to any part of the Building or any such equipment installed in or used in connection with the Building or any of the grounds or parking areas serving the Building or any common areas of Corporate Xxxxx is necessitated by the negligent act or omission of Tenant, its employees, agents, contractors, customers, guests, licensees or invitees, Tenant shall keep immediately reimburse Landlord for the cost thereof upon demand, as Additional Rent, and such reimbursed costs shall be excluded form the Operating Costs.
B. Tenant shall make no alterations, improvements or changes to the Leased Premises, including the Leasehold Improvements Building or Corporate Xxxxx or install any vending machines on the Leased Premises without Landlord's prior written consent. Unless Landlord shall otherwise agree in writing, all maintenance, alterations, replacements, repairs, improvements or changes to which Landlord may consent shall be done either by or under the direction of Landlord, but at the sole cost of Tenant and only pursuant to such plans, specifications and agreements as are approved by Landlord. By consenting to or approving any plans, specifications and agreements for any alterations, improvements or changes which Tenant desires to make to the Leased Premises, Landlord does not warrant and shall assume no responsibility or liability for the completeness, design sufficiency, or compliance of such plans with all applicable laws, rules and regulations of governmental agencies or authorities.
C. Tenant shall be responsible for the Leased Premises and at Tenant's Propertycost, neatshall keep it in a safe, clean, neat and in good order and attractive condition. Tenant shall give Landlord prompt notice of any damage to or defective condition in any part or appurtenance pay for all redecoration, remodeling, alteration and painting of the Leased Premises desired by Tenant which are approved by Landlord. Tenant shall also pay for the repair and maintenance during the Lease Term of all special equipment or improvements installed in the Leased Premises, the Leasehold Improvementsincluding, Tenant's Propertybut not limited to, supplemental air handling units, dishwashers, icemakers, disposals, showers, sinks, commodes, parquet floors, glass walls or the Building including mechanical, electrical, plumbing, heating, ventilating, air conditioning sidelights and other similar equipment facilities or improvements.
D. Tenant covenants and systems located within or serving the Building, (hereinafter the "Building Systems"). Tenant shall, at Tenant's cost agrees to reimburse Landlord for all costs and expense, expenses incurred by Landlord to repair or replace any damage or injury done to Corporate Xxxxx, the Building Building, the Leased Premises, or the Premises any part of any of such property, caused by Tenant or by Tenant's agents, employees, invitees or visitors. If Tenant fails to make invitees, of visitors and such repairs or replacements promptlyshall restore the damaged property to as good a condition as it was in prior to such damage, or within fifteen (15) days of Landlord's written notice of occurrenceand shall be effected in compliance with all applicable laws, Landlord mayordinances, at its optionrules and regulations, make such repairs or replacement and Tenant shall repay pay the cost thereof to Landlord upon demandon demand as Additional Rent. The Tenant shall not commit contract for any work or allow any waste or damage to be committed on any portion of the Premises or the Building and shall, at the termination of this Lease, by lapse of time or otherwise, deliver the Premises to Landlord broom-clean and in as good condition as at date of possession by Tenant, ordinary wear and tear excepted.
(b) The repair and maintenance of the heating, ventilating and air conditioning systems, equipment and fixtures shall be undertaken pursuant to an HVAC service contract entered into by Landlord and included in the Operating Expenses.
(c) Landlord shall, at which might interfere with Landlord's expenseemployees, repair, replace and maintain agents or contractors doing work or performing services for the roof and the external and structural parts benefit of the Building which do not constitute a part of the Premises and shall perform such repairs, replacements and maintenance with reasonable dispatch, in a good and workmanlike manner. Landlord shall keep and maintain the Common Area (the expense of which shall be borne in part by Tenant as a Operating Expense described above) in good order and repair.
(d) Except as provided herein, Landlord shall have no liability to Tenant nor shall Tenant's covenants and obligations under this Lease be reduced or abated in any manner whatsoever by reason of any inconvenience, annoyance, interruption or injury to business arising from Landlord's making any repairs or changes which Landlord is required or permitted by this Lease or by any other tenant's lease or required by law to make in or to any portion of the Premises, the Building or the Building SystemsLeased Premises. Landlord shall nevertheless use its best efforts to minimize any interference with Tenant's business in the Premises.
(e) Tenant shall not make any alteration in or Any and all alterations to the Leased Premises without shall become the prior written consent property of Landlord, which shall not be unreasonably withheld. If Landlord gives its consent to the making upon termination of alterations this Lease (except for movable equipment or furniture; owned by Tenant), all such work shall be done in accordance with such requirements and upon such conditions as Landlordprovided, in however, that Landlord may solely at its sole discretionoption, may impose. Any review or approval by Landlord require Tenant to remove at the end of any plans or specifications with respect to any alteration is solely for Landlord's benefitthe Lease Term, and without any representation or warranty whatsoever to Tenant with respect to the adequacy, correctness or efficiency thereof or otherwise.
(f) Tenant shall defend, indemnify and save harmless Landlord from and against any and all mechanics' leasehold improvements designated by Landlord and all fixtures, equipment and other liens property installed on or in the Leased Premises by Tenant and encumbrances filed to thereafter restore the Leased Premises to the condition required by Section 36 hereof. In the event that Landlord so elects, and Tenant fails to remove any person claiming through or under Tenant, including security interests in any materialssuch leasehold improvements, fixtures, equipment or any other improvements or appurtenances installed in and constituting property, Landlord may remove such at Tenant's cost, with no obligation on the part of the Premises and against all costs, expenses and liabilities (including reasonable attorneys' fees) incurred in connection with Landlord to preserve or store any such lien removed improvements, fixtures, equipment or encumbrance or any action or proceeding brought thereon. property, and Tenant at its expense shall procure the satisfaction or discharge of record of pay Landlord on demand as Additional Rent, all such liens and encumbrances within twenty (20) days after the filing thereof. Pursuant to the provisions of Section 713.10, Florida Statutes, under no circumstances shall the interest of costs incurred by Landlord in removing such and to restoring the Property or the Building be subject to liens for improvements made by Tenant or subject to any mechanic's, laborer's or materialman's lien or any other lien or charge on account of or arising from any contract or obligations of TenantLeased Premises as hereinabove provided.
Appears in 1 contract
