Common use of Repairs Maintenance and Services Clause in Contracts

Repairs Maintenance and Services. From and after the commencement of and during the Term, the Tenant shall, at its own cost and expense: (i) make interior non-structural maintenance and repairs necessary to keep the Principal Premises in as good condition, order and repair as the same are at the commencement of the Term or thereafter may be put, reasonable wear and use and damage by fire or other casualty and eminent domain only excepted (it being understood, however, that the foregoing exception for reasonable wear and use shall not relieve the Tenant from the obligation to keep the Principal Premises in good order, repair and condition), (ii) make all maintenance and repairs necessary to keep the heating, ventilating, air conditioning, any other fire safety, electrical, plumbing, and telecommunication system (but not the sprinkler or sewer systems) serving the Principal Premises including without limitation all fixtures, equipment, wiring, and pipes therefore, in good order, repair and condition (iii) make all repairs and alterations to the Principal Premises to the extent required to comply with the American Disabilities Act and other applicable laws, codes, ordinances, rules and regulation, and (iv) keep and maintain all portions of the Principal Premises in a clean and orderly condition, free of accumulation of dirt, rubbish, and other debris. From and after the commencement of and during the Term, the Landlord shall, subject to the provisions of Section 6 and Section 30 hereof (a) make all repairs, replacements and renewals necessary to: (i) keep the roof of the Building free of leaks and to maintain the foundation, floor slabs and other structural supports of the Building and the exterior walls of the Building , the sprinkler and sewer systems for the Building, the fire safety system for portions of the Building outside the Premises and the parking areas and other exterior improvements on the Property in good and sound condition and repair and in compliance with the Americans with Disabilities Act and other applicable laws, codes, ordinances, rules and regulations (it being understood that repairs necessitated by fire or other casualty shall be governed by the provisions of Section 15 hereof); (ii) keep all driveways, walkways, parking areas and other improvements on the Property free of snow and ice and sanded as appropriate; and (iii) keep all lawns and landscaped areas of the Property watered, fertilized and neatly trimmed; and (b), subject to Tenant's obligations in this Section 10 to perform maintenance and repair, replace all 777923v2 mechanical, electrical and other utility systems serving the Premises if such maintenance and repairs are insufficient to keep such systems in good working order on a cost efficient basis. Subject to Tenant's obligations above, Landlord shall provide or procure for the Premises or Tenant's benefit at no xxxx up the following utilities and services: a. disposal of sewage and waste water from any such lavatories and janitorial closets; b. disposal of garbage, trash and refuse from the Premises, to the extent not provided by the Tenant, and the Property; c. electricity in quantities and with capacities not less than currently provided to Tenant; d. hot and cold water to any lavatories and janitorial closets in the Premises. Subject to the provisions of Section 37 hereof, in the event that (1) any service to be provided by Landlord hereunder is not provided for a period of ten (10) days after Landlord's receipt of notice from Tenant that such service is not being provided or (2) any maintenance or repair work to be performed by Landlord hereunder is not completed within thirty (30) days after Landlord's receipt of notice from Tenant that such work is necessary (or, if such work is not reasonably susceptible of completion within thirty (30) days after receipt of notice from Tenant, if Landlord shall fail to commence such work within such period or shall thereafter fail with reasonable diligence to prosecute such work to completion) and the failure of Landlord to complete such work materially interferes with Tenant's business operations in all or any portion of the Premises, there shall be an equitable abatement of Basic Rent and Additional Rent hereunder commencing on the date on which Landlord receives such notice from Tenant and during the period for which such service is not provided or such work is not completed, as the case may be, and Tenant shall have the right to take such steps as may be necessary to restore such service or complete such work. In the event that Tenant so restores any such service or performs any such work, Landlord shall pay Tenant an amount equal to one hundred ten percent (110%) of the verifiable costs incurred by Tenant in restoring such service or performing such work.

Appears in 1 contract

Samples: Lease Agreement (Cross a T Co)

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Repairs Maintenance and Services. From A. Landlord shall maintain in good repair the roof, foundation and the structural soundness of the exterior walls of the building or other improvements to be erected by Landlord on the premises. All repairs, restorations and replacements shall be of quality and class equal to the present or future installations and shall be done in a good and workmanlike manner. In case of the neglect or of default of Landlord making repairs and replacements, after the commencement of and twenty (20) days' prior written notice to Landlord, Tenant may make such repairs and/or replacements during the Termterm hereof or after its expiration, and all reasonable costs and expenses thereof with interest thereon at the rate of twelve percent (12%) per annum from the date said sums are expended shall be repaid by Landlord to Tenant as additional rent upon demand. The receipted bills of the mechanics or contractors employed by Tenant showing the payment by Tenant for the making of such repairs, alterations or improvements shall be prima facia evidence of such charges and that the same have been paid by Tenant. B. Subject to the preceding paragraph 4A, following the Commencement Date, Tenant shall, at its own cost and expense: (i) make interior non-structural maintenance , maintain all parts of the premises and repairs necessary any improvements erected or to keep be erected thereon in the Principal Premises in as good current condition, order promptly making all necessary repairs and repair as the same are at the commencement of the Term or thereafter may be putreplacements, reasonable ordinary wear and use and tear excepted. Further, Tenant shall repair or replace any damage by fire or other casualty and eminent domain only excepted (it being understood, however, that the foregoing exception for reasonable wear and use shall not relieve the Tenant from the obligation to keep the Principal Premises in good order, repair and condition), (ii) make all maintenance and repairs necessary to keep the heating, ventilating, air conditioning, any other fire safety, electrical, plumbing, and telecommunication system (but not the sprinkler or sewer systems) serving the Principal Premises including without limitation all fixtures, equipment, wiring, and pipes therefore, in good order, repair and condition (iii) make all repairs and alterations injury to the Principal Premises to the extent required to comply with the American Disabilities Act and other applicable lawslease premises, codesor any part thereof, ordinances, rules and regulation, and (iv) keep and maintain all portions of the Principal Premises in a clean and orderly condition, free of accumulation of dirt, rubbish, and other debris. From and after the commencement of and during the Term, the Landlord shall, subject to the provisions of Section 6 and Section 30 hereof (a) make all repairs, replacements and renewals necessary to: (i) keep the roof of the Building free of leaks and to maintain the foundation, floor slabs and other structural supports of the Building and the exterior walls of the Building , the sprinkler and sewer systems for the Building, the fire safety system for portions of the Building outside the Premises and the parking areas and other exterior improvements on the Property in good and sound condition and repair and in compliance with the Americans with Disabilities Act and other applicable laws, codes, ordinances, rules and regulations (it being understood that repairs necessitated caused by fire or other casualty shall be governed by the provisions of Section 15 hereof); (ii) keep all driveways, walkways, parking areas and other improvements on the Property free of snow and ice and sanded as appropriate; and (iii) keep all lawns and landscaped areas of the Property watered, fertilized and neatly trimmed; and (b), subject to Tenant's obligations in this Section 10 to perform maintenance and repair, replace all 777923v2 mechanical, electrical and other utility systems serving the Premises if such maintenance and repairs are insufficient to keep such systems in good working order on a cost efficient basis. Subject to Tenant's obligations above, Landlord shall provide or procure for the Premises Tenant or Tenant's benefit agents, employees, invitees, licensees, or visitors. If Tenant fails to make such repairs or replacements promptly, Landlord may, at no xxxx up Landlord's option, make such repairs or replacements, and Tenant shall reimburse the following utilities cost thereof to Landlord on demand. All repairs, restorations and services: a. disposal replacements shall be of sewage quality and waste water from any class equal to the present or future installations and shall be done in a good and workmanlike manner. In case of the neglect or of default of Tenant making repairs and replacements, after twenty (20) days' prior written notice to Tenant, Landlord may make such lavatories repairs and/or replacements during the term hereof or after its expiration, and janitorial closets; b. disposal all reasonable costs and expenses thereof with interest thereon at the rate of garbage, trash and refuse twelve percent (12%) per annum from the Premisesdate said sums are expended shall be repaid by Tenant to Landlord as additional rent upon demand. The receipted bills of the mechanics or contractors employed by Landlord showing the payment by Landlord for the making of such repairs, to alterations or improvements shall be prima facia evidence of such charges and that the extent same have been paid by Landlord. C. Tenant shall not provided by the Tenant, and the Property; c. electricity in quantities and with capacities not less than currently provided to Tenant; d. hot and cold water to commit or allow any lavatories and janitorial closets in the Premises. Subject to the provisions of Section 37 hereof, in the event that (1) any service waste or damage to be provided by Landlord hereunder is not provided for a period of ten (10) days after Landlord's receipt of notice from Tenant that such service is not being provided or (2) any maintenance or repair work to be performed by Landlord hereunder is not completed within thirty (30) days after Landlord's receipt of notice from Tenant that such work is necessary (or, if such work is not reasonably susceptible of completion within thirty (30) days after receipt of notice from Tenant, if Landlord shall fail to commence such work within such period or shall thereafter fail with reasonable diligence to prosecute such work to completion) and the failure of Landlord to complete such work materially interferes with Tenant's business operations in all or committed on any portion of the Premiseslease premises. At the termination of this Lease, there by lapsed time or otherwise, Tenant shall be an equitable abatement deliver said lease premises to Landlord in as good condition as at date of Basic Rent possession of Tenant, ordinary wear and Additional Rent hereunder commencing on the date on which Landlord receives such notice from Tenant and during the period for which such service is not provided or such work is not completed, as the case may betear excepted, and Tenant upon the termination of this Lease, Landlord shall have the right to take such steps as may be reenter and resume possession of the lease premises. The cost and expense of any repairs necessary to restore such service or complete such work. In the event that Tenant so restores any such service or performs any such work, condition of the lease premises to said condition in which they are to be delivered to Landlord shall pay Tenant an amount equal to one hundred ten percent (110%) of the verifiable costs incurred be borne by Tenant in restoring such service or performing such workTenant.

Appears in 1 contract

Samples: Lease Agreement (Carlyle Golf Inc)

Repairs Maintenance and Services. From 7.1 Landlord's Obligations. Except as specifically provided in this Lease, Landlord shall not be required to furnish any services, facilities or utilities to the Premises or to Tenant, and after Tenant assumes full responsibility for obtaining and paying for all services, facilities and utilities to the commencement of Premises. Landlord will repair, replace and during maintain the TermBuilding Systems, fire protection systems, the Tenant shall, at its own cost and expense: Common Area (i) make interior non-structural maintenance and repairs necessary to keep other than the Principal Premises in as good condition, order and repair as the same are at the commencement of the Term or thereafter may be put, reasonable wear and use and damage by fire or other casualty and eminent domain only excepted (it being understood, however, that the foregoing exception for reasonable wear and use shall not relieve the Tenant from the obligation to keep the Principal Premises in good order, repair and conditionexterior lighting), (ii) make all maintenance and repairs necessary to keep the heating, ventilating, air conditioning, any other fire safety, electrical, plumbing, and telecommunication system (but not the sprinkler or sewer systems) serving the Principal Premises including without limitation all fixtures, equipment, wiring, and pipes therefore, in good order, repair and condition (iii) make all repairs and alterations to the Principal Premises to the extent required to comply with the American Disabilities Act and other applicable laws, codes, ordinances, rules and regulation, and (iv) keep and maintain all structural portions of the Principal Premises in a clean and orderly conditionPremises, free of accumulation of dirtincluding, rubbishwithout limitation, and other debris. From and after the commencement of and during the Term, the Landlord shall, subject to the provisions of Section 6 and Section 30 hereof (a) make all repairs, replacements and renewals necessary to: (i) keep the roof of the Building free of leaks and to maintain the foundation, floor slabs floor/ceiling slabs, roof, curtain wall, exterior glass and other structural supports of the Building mullions, columns, beams, shafts (including elevator shafts), stairs and the exterior walls of the Building stairwells (collectively, the sprinkler "Building Structure") in good condition and sewer systems for repair meeting the Buildingstandards commensurate with comparable research and development and office buildings located in the San Francisco Bay Area. Notwithstanding the foregoing, the fire safety system for Landlord may permit Tenant to perform routine maintenance on portions of the Building outside Systems, as provided in Section 7.2. Tenant shall notify Landlord in writing when it becomes aware of the Premises need for any repair, maintenance or replacement which is Landlord's responsibility under this Section. The costs of such repair, replacement and the parking areas and other exterior improvements on the Property in good and sound condition and repair and in compliance with the Americans with Disabilities Act and other applicable laws, codes, ordinances, rules and regulations (it being understood that repairs necessitated by fire or other casualty maintenance shall be governed by the provisions of Section 15 hereof); (ii) keep all driveways, walkways, parking areas and other improvements on the Property free of snow and ice and sanded as appropriate; and (iii) keep all lawns and landscaped areas of the Property watered, fertilized and neatly trimmed; and (b), subject to Tenant's obligations included in this Section 10 to perform maintenance and repair, replace all 777923v2 mechanical, electrical and other utility systems serving the Premises if such maintenance and repairs are insufficient to keep such systems in good working order on a cost efficient basis. Subject to Tenant's obligations above, Landlord shall provide or procure for the Premises or Tenant's benefit at no xxxx up the following utilities and services: a. disposal of sewage and waste water from any such lavatories and janitorial closets; b. disposal of garbage, trash and refuse from the Premises, Operating Expenses to the extent not provided by the Tenant, in Article 5; provided that Tenant shall reimburse Landlord in full and the Property; c. electricity in quantities and with capacities not less than currently provided to Tenant; d. hot and cold water to any lavatories and janitorial closets in the Premises. Subject to the provisions of Section 37 hereof, in the event that (1) any service to be provided by Landlord hereunder is not provided for a period of ten (10) days after Landlord's receipt of notice from Tenant that such service is not being provided or (2) any maintenance or repair work to be performed by Landlord hereunder is not completed within thirty (30) days after Landlord's receipt written demand for the cost of notice from Tenant that such work is necessary (or, if such work is not reasonably susceptible of completion within thirty (30) days after receipt of notice from Tenant, if Landlord shall fail any repair to commence such work within such period or shall thereafter fail with reasonable diligence to prosecute such work to completion) and the failure of Landlord to complete such work materially interferes with Tenant's business operations in all or any portion of the Premises, there Building Structure, Building Systems or Common Area which is attributable to misuse by Tenant or Tenant's Agents. This reimbursement shall be an equitable abatement of Basic Rent Additional Rent. Tenant hereby waives and Additional Rent hereunder commencing on the date on releases any right it may have under any law, statute or ordinance now or hereafter in effect to make any repairs which Landlord receives such notice from Tenant and during the period for which such service is not provided or such work is not completed, as the case may be, and Tenant shall have the right to take such steps as may be necessary to restore such service or complete such work. In the event that Tenant so restores any such service or performs any such work, Landlord shall pay Tenant an amount equal to one hundred ten percent (110%) of the verifiable costs incurred by Tenant in restoring such service or performing such workare Landlord's obligation under this Section.

Appears in 1 contract

Samples: Commercial Lease (Telik Inc)

Repairs Maintenance and Services. From and after the commencement of and during the Term, the Tenant a) Landlord shall, at its own cost and expense: : (i) make interior non-structural maintenance and repairs necessary Arrange for all required utility services to keep the Principal Premises in as good condition, order and repair as the same are at the commencement of the Term or thereafter may be put, reasonable wear and use and damage by fire or other casualty and eminent domain only excepted (it being understoodprovided, however, that the foregoing exception for reasonable wear and use Landlord shall not relieve the be liable to Tenant for any loss or damage arising from the obligation interruption in such utility services. Landlord will use its best efforts to keep the Principal Premises in good orderrestore any disruption of utility service, repair and condition), without interfering with Tenant's operation of its business. (ii) make all maintenance Repair, maintain and repairs necessary to keep the heating, ventilating, air conditioning, any other fire safety, electrical, plumbing, and telecommunication system (but not the sprinkler or sewer systems) serving the Principal Premises including without limitation all fixtures, equipment, wiring, and pipes therefore, in good order, repair and condition (iii) make all repairs and alterations to the Principal Premises to the extent required to comply with the American Disabilities Act and other applicable laws, codes, ordinances, rules and regulation, and (iv) keep and maintain all portions of the Principal Premises in a clean and orderly condition, free of accumulation of dirt, rubbish, and other debris. From and after the commencement of and during the Term, the Landlord shall, subject to the provisions of Section 6 and Section 30 hereof (a) make all repairs, replacements and renewals necessary to: (i) keep the roof of replace the Building free of leaks and to maintain the foundation, floor slabs and other structural supports of the Building and the exterior walls of the Building , the sprinkler and sewer systems for the Building, the fire safety system for portions of the Building outside the Premises and the parking areas and other exterior improvements on the Property in good and sound condition and repair and in compliance with the Americans with Disabilities Act and other applicable laws, codes, ordinances, rules and regulations (it being understood that repairs necessitated by fire or other casualty shall be governed by the provisions of Section 15 hereof); (ii) keep all driveways, walkways, parking areas and other improvements on the Property free of snow and ice and sanded as appropriate; and (iii) keep all lawns and landscaped areas of the Property watered, fertilized and neatly trimmed; and (b), subject to Tenant's obligations in this Section 10 to perform maintenance and repair, replace all 777923v2 mechanical, electrical and other utility systems serving the Premises if such maintenance plumbing systems, foundations, concrete floor slabs, exterior glass panel or masonry walls, steel frame (including columns) and repairs are insufficient to keep such systems in good working order on a cost efficient basis. Subject to Tenant's obligations aboveroof deck as required for safety, tenantability as reasonably determined by Tenant and compliance with proper orders of governmental authorities, provided, however, that Landlord shall provide or procure not be obligated for any of such repairs until the Premises or Tenant's benefit at no xxxx up the following utilities and services: a. disposal expiration of sewage and waste water from any such lavatories and janitorial closets; b. disposal of garbage, trash and refuse from the Premises, to the extent not provided by the Tenant, and the Property; c. electricity in quantities and with capacities not less than currently provided to Tenant; d. hot and cold water to any lavatories and janitorial closets in the Premises. Subject to the provisions of Section 37 hereof, in the event that (1) any service to be provided by Landlord hereunder is not provided for a reasonable period of ten (10) days time after Landlord's receipt of written notice from Tenant that such service repair is not being provided needed. In no event shall Landlord be obligated under this paragraph to repair any damage caused by any act, omission or negligence of Tenant or its employees, agents, invitees, licensees, subtenants, or contractors. Landlord shall be responsible for correcting any defect in construction of the Premises by its contractor and agents. (2iii) To the extent required by the Protective Covenants (the recorded document governing the construction of buildings at 000-000 Xxxxxxxxx Xxxx., "The Protective Covenants"), repair, maintain and replace the parking lots, sidewalks, landscaped areas and other exterior areas and facilities constituting the Property. b) Tenant shall, throughout the Term and at its sole cost and expense, take good care of the Premises and the other improvements now or hereafter comprising all or any part of the Premises and the fixtures and appurtenances therein, and maintain the same in good order and condition (in a manner consistent with the maintenance or repair work performed at Tenant's existing premises), including the performance of landscaping, snow removal, grounds upkeep, trash removal and janitorial services and promptly at Tenant's own cost and expense make all repairs necessary to maintain such good order and condition, except for repairs, replacement and maintenance to be performed by Landlord hereunder is not completed within thirty (30) days after Landlord. Tenant shall perform all recommended HVAC maintenance in accordance with the manufacturer's receipt of notice from Tenant that such work is necessary (or, if such work is not reasonably susceptible of completion within thirty (30) days after receipt of notice from Tenant, if Landlord shall fail to commence such work within such period or shall thereafter fail with reasonable diligence to prosecute such work to completion) and the failure of Landlord to complete such work materially interferes with Tenant's business operations in all or any portion of the Premises, there shall be an equitable abatement of Basic Rent and Additional Rent hereunder commencing on the date on which Landlord receives such notice from Tenant and during the period for which such service is not provided or such work is not completed, as the case may be, specifications and Tenant shall have keep maintenance logs thereof which it shall make available from time to time to Landlord upon forty eight hours written request. Except to the right extent released pursuant to take such steps as may be necessary to restore such service or complete such work. In the event that Tenant so restores any such service or performs any such work, Landlord shall pay Tenant an amount equal to one hundred ten percent (110%) mutual waiver of the verifiable costs incurred by Tenant subrogation in restoring such service or performing such work.Subsection 10

Appears in 1 contract

Samples: Lease Agreement (Viropharma Inc)

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Repairs Maintenance and Services. From A. No later than June 1, 1997, Landlord agrees that it will perform certain repairs to the Premises, as set out on EXHIBIT "B" attached hereto. Thereafter, Landlord shall maintain in good repair the roof, foundation and the structural soundness of the exterior walls of the building or other improvements to be erected by Landlord on the premises. All repairs, restorations and replacements shall be of quality and class equal to the present or future installations and shall be done in a good and workmanlike manner. In case of the neglect or of default of Landlord making repairs and replacements, after the commencement of and twenty (20) days' prior written notice to Landlord, Tenant may make such repairs and/or replacements during the Termterm hereof or after its expiration, and all reasonable costs and expenses thereof with interest thereon at the rate of twelve percent (12%) per annum from the date said sums are expended shall be repaid by Landlord to Tenant as additional rent upon demand. The receipted bills of the mechanics or contractors employed by Tenant showing the payment by Tenant for the making of such repairs, alterations or improvements shall be prima facia evidence of such charges and that the same have been paid by Tenant. B. Subject to the preceding paragraph 4A, following the Commencement Date, Tenant shall, at its own cost and expense: (i) make interior non-structural maintenance , maintain all parts of the premises and repairs necessary any improvements erected or to keep be erected thereon in the Principal Premises in as good current condition, order promptly making all necessary repairs and repair as the same are at the commencement of the Term or thereafter may be putreplacements, reasonable ordinary wear and use and tear excepted. Further, Tenant shall repair or replace any damage by fire or other casualty and eminent domain only excepted (it being understood, however, that the foregoing exception for reasonable wear and use shall not relieve the Tenant from the obligation to keep the Principal Premises in good order, repair and condition), (ii) make all maintenance and repairs necessary to keep the heating, ventilating, air conditioning, any other fire safety, electrical, plumbing, and telecommunication system (but not the sprinkler or sewer systems) serving the Principal Premises including without limitation all fixtures, equipment, wiring, and pipes therefore, in good order, repair and condition (iii) make all repairs and alterations injury to the Principal Premises to the extent required to comply with the American Disabilities Act and other applicable lawslease premises, codesor any part thereof, ordinances, rules and regulation, and (iv) keep and maintain all portions of the Principal Premises in a clean and orderly condition, free of accumulation of dirt, rubbish, and other debris. From and after the commencement of and during the Term, the Landlord shall, subject to the provisions of Section 6 and Section 30 hereof (a) make all repairs, replacements and renewals necessary to: (i) keep the roof of the Building free of leaks and to maintain the foundation, floor slabs and other structural supports of the Building and the exterior walls of the Building , the sprinkler and sewer systems for the Building, the fire safety system for portions of the Building outside the Premises and the parking areas and other exterior improvements on the Property in good and sound condition and repair and in compliance with the Americans with Disabilities Act and other applicable laws, codes, ordinances, rules and regulations (it being understood that repairs necessitated caused by fire or other casualty shall be governed by the provisions of Section 15 hereof); (ii) keep all driveways, walkways, parking areas and other improvements on the Property free of snow and ice and sanded as appropriate; and (iii) keep all lawns and landscaped areas of the Property watered, fertilized and neatly trimmed; and (b), subject to Tenant's obligations in this Section 10 to perform maintenance and repair, replace all 777923v2 mechanical, electrical and other utility systems serving the Premises if such maintenance and repairs are insufficient to keep such systems in good working order on a cost efficient basis. Subject to Tenant's obligations above, Landlord shall provide or procure for the Premises Tenant or Tenant's benefit agents, employees, invitees, licensees, or visitors. If Tenant fails to make such repairs or replacements promptly, Landlord may, at no xxxx up Landlord's option, make such repairs or replacements, and Tenant shall reimburse the following utilities cost thereof to Landlord on demand. All repairs, restorations and services: a. disposal replacements shall be of sewage quality and waste water from any class equal to the present or future installations and shall be done in a good and workmanlike manner. In case of the neglect or of default of Tenant making repairs and replacements, after twenty (20) days' prior written notice to Tenant, Landlord may make such lavatories repairs and/or replacements during the term hereof or after its expiration, and janitorial closets; b. disposal all reasonable costs and expenses thereof with interest thereon at the rate of garbage, trash and refuse twelve percent (12%) per annum from the Premisesdate said sums are expended shall be repaid by Tenant to Landlord as additional rent upon demand. The receipted bills of the mechanics or contractors employed by Landlord showing the payment by Landlord for the making of such repairs, to alterations or improvements shall be prima facia evidence of such charges and that the extent same have been paid by Landlord. C. Tenant shall not provided by the Tenant, and the Property; c. electricity in quantities and with capacities not less than currently provided to Tenant; d. hot and cold water to commit or allow any lavatories and janitorial closets in the Premises. Subject to the provisions of Section 37 hereof, in the event that (1) any service waste or damage to be provided by Landlord hereunder is not provided for a period of ten (10) days after Landlord's receipt of notice from Tenant that such service is not being provided or (2) any maintenance or repair work to be performed by Landlord hereunder is not completed within thirty (30) days after Landlord's receipt of notice from Tenant that such work is necessary (or, if such work is not reasonably susceptible of completion within thirty (30) days after receipt of notice from Tenant, if Landlord shall fail to commence such work within such period or shall thereafter fail with reasonable diligence to prosecute such work to completion) and the failure of Landlord to complete such work materially interferes with Tenant's business operations in all or committed on any portion of the Premiseslease premises. At the termination of this Lease, there by lapsed time or otherwise, Tenant shall be an equitable abatement deliver said lease premises to Landlord in as good condition as at date of Basic Rent possession of Tenant, ordinary wear and Additional Rent hereunder commencing on the date on which Landlord receives such notice from Tenant and during the period for which such service is not provided or such work is not completed, as the case may betear excepted, and Tenant upon the termination of this Lease, Landlord shall have the right to take such steps as may be reenter and resume possession of the lease premises. The cost and expense of any repairs necessary to restore such service or complete such work. In the event that Tenant so restores any such service or performs any such work, condition of the lease premises to said condition in which they are to be delivered to Landlord shall pay Tenant an amount equal to one hundred ten percent (110%) of the verifiable costs incurred be borne by Tenant in restoring such service or performing such workTenant.

Appears in 1 contract

Samples: Lease Agreement (Carlyle Golf Inc)

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