Repairs. (a) Landlord shall maintain, in a timely manner, the public portions of the Building in accordance with the standards of Class A office buildings in the central business district of the City of Detroit, including but not limited to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, the fire and life safety systems, mechanical, HVAC, plumbing and electrical equipment servicing the Premises and the Building and the common areas servicing the Development, in good order and condition as reasonably determined by Landlord and the cost shall be included in Expenses, except for the repairs due to fire and other casualties (to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, however, Tenant shall be responsible to pay the cost of replacement of light bulbs and fluorescent tubes in the Premises. (b) Subject to the provisions of Section 7(a) hereof and the other provisions of this Lease, Tenant shall keep the Premises and every part thereof in good condition and repair, reasonable wear and tear and damaged caused by Landlord or resulting from Landlord’s default under this Lease excepted. Except as otherwise set forth in this Lease, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for any repairs to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereunder.
Appears in 4 contracts
Samples: Lease Agreement (Rocket Companies, Inc.), Lease Agreement (Rocket Companies, Inc.), Lease Agreement (Rocket Companies, Inc.)
Repairs. (a) Landlord shall maintain, at all times during the Lease Term maintain in good condition and operating order in a timely manner, manner consistent with Comparable Buildings the public structural portions of the Building in accordance with the standards of Class A office buildings in the central business district of the City of Detroit, including but not limited to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, including, without limitation, the fire foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and life safety systemsall Common Areas, including exterior landscaping (collectively, the “Building Structure”), and the “Base Building” (as that term is defined below) mechanical, HVACelectrical, plumbing life safety, plumbing, sprinkler and electrical equipment servicing HVAC systems installed or furnished by Landlord (collectively, the Premises and “Building Systems”). Except as specifically set forth in this Lease to the contrary, Tenant shall not be required to repair the Building and Structure and/or the common areas servicing the Development, in good order and condition as reasonably determined by Landlord and the cost shall be included in Expenses, Building Systems except for the repairs due to fire and other casualties (to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions required because of Tenant’s use of the Premises for other than normal and customary business office operations. Tenant shall, which Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbsat Tenant’s own expense, and fluorescent tubes in the Building; provided, however, Tenant shall be responsible to pay the cost of replacement of light bulbs and fluorescent tubes in the Premises.
(b) Subject pursuant to the provisions of Section 7(a) hereof and the other provisions terms of this Lease, including without limitation, Section 5.3 and Article 8 hereof, but subject to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term. In addition, subject to Articles 10, 11 and 13 Tenant shall keep shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, promptly and adequately repair all damage to the Premises and every part thereof in good condition replace or repair all damaged, broken, or worn fixtures and repairappurtenances, reasonable except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that if Tenant fails to make such repairs, within applicable notice and damaged caused by cure periods Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Property) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or resulting expenses arising from Landlord’s default under this Lease exceptedinvolvement with such repairs and replacements forthwith upon being billed for same. Except as otherwise Landlord may, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in this LeaseSection 27.1 to make such repairs, alterations, improvements or additions to the Premises or to the Property or to any equipment located in the Property as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to complete any required repairs in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Tenant hereby waives any and all rights to make repairs at under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the expense of Landlord California Civil Code or in lieu thereof to vacate the Premises except as provided by under any similar law, statute statute, or otherwise ordinance now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for any repairs to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereunder.
Appears in 3 contracts
Samples: Office Lease (Square, Inc.), Office Lease (Square, Inc.), Office Lease (Square, Inc.)
Repairs. (a) Landlord shall maintainmaintain (including repairs and replacements), in a timely manner, the public portions of the Building in good order and condition and incompliance with all Law and in accordance with the standards of Class A office buildings in the central business district CBD as reasonably determined by Landlord, all of the City following: (a) Common Areas and other public portions of Detroitthe Building and Parking Structure, including but not limited to any lobbies, stairs, elevators, corridors and restrooms, together with (b) the windows and exterior walls, roofs, foundations and structure itself of the Building, (c) the fire and life safety systems, mechanical, HVAC, plumbing plumbing, gas, sewer, drainage, electrical and electrical other utility lines and equipment servicing the Premises Premises, Building and/or the Common Areas, and (d) all other portions of the Building and Development (other than leased space expressly required to be maintained by a particular tenant pursuant to the common areas servicing terms of its lease). The cost of the Development, in good order and condition as reasonably determined by Landlord and the cost foregoing shall be included in ExpensesExpenses (except as otherwise prohibited by this Lease), except for the repairs due to fire and other casualties (to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the negligent acts or omissions of Tenant, which Tenant shall pay to Landlord in fullfull (unless the liability for such has been waived by Section 21). Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the BuildingBuilding (to be included in Expenses); provided, however, Tenant shall be responsible to pay reimburse Landlord for the cost of replacement of the lighting ballasts, light bulbs bulbs, and fluorescent tubes replaced in the Premises. Landlord shall promptly complete all required repairs and repair any and all damage to the Premises which may result from such repairs and maintenance. Landlord shall, at its sole cost, also make all repairs to the Premises necessitated by the negligence or willful misconduct of Landlord, Landlord’s managers, contractors, employees or agents. Landlord shall make all repairs required to be made by it under this Lease within a reasonable time. Except in the event of an Emergency, Landlord shall also make all such repairs at such times and in such a manner as to reasonably minimize inconvenience to Tenant in the conduct of its business. Landlord shall not enter the Premises for the purpose of making such repairs if the same can be made on a reasonable basis without entry of the Premises. If said repairs can be made outside of Tenant’s business hours without substantial additional cost to Landlord, Landlord shall do so, unless Tenant requests that they be made during business hours.
(b) Subject to the provisions of Section 7(a) hereof and the other provisions of this Lease, Tenant shall keep the Premises and every part thereof in good condition and repair, excluding (i) reasonable wear and tear and damaged tear, (ii) damage caused by Landlord or its employees, managers, agents or contractor and (iii) resulting from Landlord’s the default under this Lease exceptedby Landlord or its employees, managers, agents or contractor. Except as otherwise set forth in this Lease, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises except as provided by law, statute or otherwise Law now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord Xxxxxxxx and in accordance with the Rules rules and regulations relating thereto annexed attached to this Lease as Exhibit “E” hereto (“Rules”) and all laws, ordinances and regulationsLaw. Tenant shall shall, within ten (10) business days after completion of the applicable portion of the work, provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as expressly set forth herein. Subject to the waiver of liability in Section 21, Tenant will pay for any repairs to the Premises or the Building or the Development made necessary by any negligence or carelessness willful misconduct of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereunder.
Appears in 2 contracts
Samples: Lease Agreement (Rocket Companies, Inc.), Lease Agreement (Rocket Companies, Inc.)
Repairs. (a) Landlord Tenant and its agents shall maintain, in a timely manner, the public portions of the Building in accordance with the standards of Class A office buildings in the central business district of the City of Detroit, including but not limited have been given full opportunity to any lobbies, stairs, elevators, corridors inspect and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, the fire and life safety systems, mechanical, HVAC, plumbing and electrical equipment servicing examine the Premises and prior to occupancy and, by entry hereunder, Tenant accepts the Building and the common areas servicing the Development, Premises in good order and condition its present "as reasonably determined by Landlord and the cost shall be included in Expensesis" condition, except for the repairs due to fire latent defects, and other casualties (without any warranty as to the extent condition of the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts Premises or omissions of Tenant, which Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, however, Tenant Landlord warrants that all tenant improvements constructed by Landlord in the Premises shall be responsible free from material defects for a period of one (1) year from the date the Premises are delivered to pay the cost of replacement of light bulbs and fluorescent tubes Tenant by Landlord. Except as required by Landlord in the Premises.
(b) Subject to the provisions of Section 7(a) hereof and the other provisions of this Leasenext paragraph below, Tenant shall shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair, reasonable ordinary wear and tear and damaged caused damage thereto by Landlord fire, earthquake, act of God or resulting from Landlord’s default under this Lease the elements excepted. Except as otherwise set forth in this LeaseIf Tenant does not make such repairs, Tenant hereby waives all rights Landlord may, after reasonable notice to Tenant, make such repairs at the expense of Landlord or in lieu thereof to vacate the Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of and Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with pay (the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part costs thereof and no representations respecting any accrued interest thereon upon demand. In the condition of the Premises or the Building have been made by Landlord to event Tenant except as expressly set forth herein. Tenant will pay for makes any repairs to the Premises or Building at the expense of Landlord as provided by any law, statute or ordinance now or hereafter in effect, Tenant shall do so only after having given reasonable notice to Landlord and Tenant shall only incur reasonable costs in making such repairs and shall make only such repairs as are reasonable, necessary and prudent under the prevailing circumstances. Landlord shall, at Landlord's expense subject to the provisions of Article 5, keep the structural portion including the HVAC, plumbing and electrical systems of the Building in good order, condi- Upon the expiration or sooner termination of the Term hereof, Tenant shall surrender the Premises to Landlord in the same condition as when received, ordinary wear and tear and damage thereto by fire, earthquake, act of God or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereunderelements excepted.
Appears in 2 contracts
Samples: Lease Agreement (Cygnet Financial Corp), Lease Agreement (Cygnet Financial Corp)
Repairs. (a) Landlord shall maintain, in a timely manner, the public portions of the Building in accordance with the standards of Class A office buildings in the central business district of the City of DetroitDetroit which contain computer/data center facilities, including but not limited to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, the fire and life safety systems, mechanical, HVAC, plumbing and electrical equipment servicing the Premises and the Building and the common areas servicing the Development, in good order and condition as reasonably determined by Landlord and the cost shall be included in Expenses, except for the repairs due to fire and other casualties (to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, however, Tenant shall be responsible to pay the cost of replacement of light bulbs and fluorescent tubes in the Premises.
(b) Subject to the provisions of Section 7(a) hereof and the other provisions of this Lease, Tenant shall keep the Premises and every part thereof in good condition and repair, reasonable wear and tear and damaged caused by Landlord or resulting from Landlord’s default under this Lease excepted. Except as otherwise set forth in this Lease, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “ED” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for any repairs to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereunder.
Appears in 2 contracts
Samples: Lease Agreement (Rocket Companies, Inc.), Lease Agreement (Rocket Companies, Inc.)
Repairs. (a) Landlord During the continuance of this Sublease, Subtenant shall maintain, in a timely manner, keep the public portions of the Building in accordance with the standards of Class A office buildings in the central business district of the City of Detroit, including but not limited to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, the fire and life safety systems, mechanical, HVAC, plumbing and electrical equipment servicing the Subleased Premises and the Building and the common areas servicing the Development, appurtenances in good order and condition as reasonably determined by Landlord and the cost shall be included in Expenses, except for the repairs due to fire and other casualties (to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Buildingrepair; provided, however, Tenant shall be responsible to pay the cost of replacement of light bulbs and fluorescent tubes in the Premises.
(b) Subject to the provisions of Section 7(a) hereof and the other provisions of this Lease, Tenant shall keep the Subleased Premises and every part appurtenances in a wholesome condition without charge or expense to Sublandlord; shall pay for all damages to the Building as well as damages to the tenants or occupants thereof caused by any waste, misuse or neglect of said Subleased Premises, its apparatus or appurtenances; and shall not make nor allow to be made any change, alteration or addition, in, upon or to said Subleased Premises without the written consent of Sublandlord and Primary Landlord for that purpose first had and obtained. Upon the expiration or earlier termination of Subtenant's right to possession of the Subleased Premises, Subtenant shall surrender to Sublandlord the Subleased Premises in as good condition and repairrepair as on the Commencement Date, reasonable wear and tear excepted, and damaged caused all alterations, fixtures (other than Subtenant's trade fixtures) and improvements shall remain with, and become the property of, Sublandlord unless Subtenant is directed by Landlord Sublandlord in writing to remove the same prior to the expiration or resulting from Landlord’s default under this Lease exceptedtermination of Subtenant's right to possession of the Subleased Premises. Except as otherwise set forth in this Lease, Tenant hereby waives all rights If Subtenant fails to make repairs at leave the expense of Landlord or in lieu thereof to vacate the Subleased Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designatecondition, by contractors or mechanics reasonably approved by Landlord then Sublandlord shall have the right to repair and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for any repairs to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless restore the same are covered by to such condition and Subtenant shall reimburse Sublandlord for the insurance carried or required to be carried by Landlord hereundercost thereof plus fifteen percent (15%).
Appears in 2 contracts
Samples: Sublease Agreement (Privatebancorp Inc), Sublease Agreement (Privatebancorp Inc)
Repairs. (a) Landlord shall maintainmaintain in good order and repair, in a timely mannersubject to normal wear and tear and subject to casualty and condemnation, the public Building (excluding the Demised Premises, other than the structural portions thereof, and other portions of the Building in accordance with leased to other tenants, other than the standards of Class A office buildings in the central business district of the City of Detroit, including but not limited to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Buildingstructural portions thereof), the fire and life safety systemsBuilding parking facilities, mechanical, HVAC, plumbing and electrical equipment servicing the Premises public areas and the Building and landscaped areas. Notwithstanding the common areas servicing the Developmentforegoing obligation, in good order and condition as reasonably determined by Landlord and the cost shall be included in Expenses, except for the repairs due to fire and other casualties (to the extent the cost of such any repairs are covered by insurance proceeds) and for or maintenance to the repair of damages occasioned foregoing necessitated by the intentional acts or omissions negligence of TenantTenant or its agents, which contractors, employees, invitees, licensees, tenants or assigns, shall be borne solely by Tenant and shall pay be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord in fullupon demand. Landlord shall not be responsible required to supply make any repairs or improvements to the Demised Premises except structural repairs necessary for safety and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, however, Tenant shall be responsible to pay the cost of replacement of light bulbs and fluorescent tubes in the Premisestenantability.
(b) Subject to Tenant covenants and agrees that it will take good care of the provisions of Section 7(a) hereof and the other provisions of this Lease, Tenant shall keep the Demised Premises and every part thereof all alterations, additions and improvements thereto and will keep and maintain the same in good condition and repair, reasonable except for normal wear and tear (Covered Repairs" (as defined in Special Stipulation No. 36), condemnation and damaged caused casualty. To the fullest extent permitted by Landlord or resulting from Landlord’s default under this Lease excepted. Except as otherwise set forth in this Leaselaw, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises except as may be provided by any law, statute or otherwise ordinance now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof and no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant thereof, except as specifically and expressly herein set forth herein. Tenant will pay for any repairs to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereunderforth.
Appears in 2 contracts
Samples: Lease Agreement (Healtheon Corp), Lease Agreement (Healtheon Corp)
Repairs. (a) Landlord Landlord’s obligation with respect to repair as part of Basic Services shall maintain, in a timely manner, the public portions of the Building in accordance with the standards of Class A office buildings in the central business district of the City of Detroit, including but not be limited to any lobbies, stairs, elevators, corridors and restrooms, together with (i) the windows and exterior walls, roofs, foundations and structure itself structural portions of the Building, (ii) the fire exterior walls of the Building, including, without limitation, glass and glazing, (iii) the roof, (iv) mechanical, electrical, plumbing and life safety systemssystems [except for any lavatory, mechanicalshower, HVACtoilet, plumbing wash basin and electrical equipment servicing kitchen facilities in the Premises that serve Tenant exclusively and any supplemental heating and air conditioning systems serving Tenant exclusively (including all plumbing connected to said facilities or systems)], (v) the Building standard exhaust and ventilation systems in the common areas servicing lavatory facilities located in the DevelopmentPremises, in good order and (vi) Common Areas. Landlord shall not be deemed to have breached any obligation with respect to the condition as reasonably determined of any part of the Project unless Tenant has given to Landlord written notice of any required repair and Landlord has not made such repair within a reasonable time following the receipt by Landlord and of such notice. The foregoing notwithstanding, (i) Landlord shall not be required to repair damage to any of the cost shall be included in Expenses, except for the repairs due to fire and other casualties (foregoing to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned caused by the acts or omissions of TenantTenant or it agents, which Tenant employees or contractors, subject to Paragraph 8(e); and (ii) the obligations of Landlord pertaining to damage or destruction by casualty shall pay to be governed by the provisions of Paragraph 9. All costs incurred by Landlord in full. Landlord shall be responsible to supply and pay performing any such repair for the replacement account of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, however, Tenant shall be responsible repaid by Tenant to pay Landlord upon demand, together with an administration fee equal to fifteen percent (15%) of such costs. EXCEPT AS EXPRESSLY PROVIDED IN PARAGRAPH 7(E) OF THIS LEASE, THERE SHALL BE NO ABATEMENT OF RENT AND NO LIABILITY OF LANDLORD BY REASON OF ANY INJURY TO OR INTERFERENCE WITH TENANT’S BUSINESS ARISING FROM THE MAKING OF ANY REPAIRS, ALTERATIONS OR IMPROVEMENTS IN OR TO ANY PORTION OF THE PREMISES, THE BUILDING OR THE PROJECT. Subject to Tenant’s rights under Paragraph 7(e) of this Lease, Tenant waives the cost of replacement of light bulbs and fluorescent tubes right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in the Premiseseffect.
(b) Subject Tenant, at its expense, (i) shall keep the Premises and all fixtures contained therein in a safe, clean and neat condition, and (ii) shall bear the cost of maintenance and repair, by contractors selected by Landlord, of all facilities which are not expressly required to be maintained or repaired by Landlord and which are located in the Premises, including, without limitation, lavatory, shower, toilet, wash basin and kitchen facilities, and supplemental heating and air conditioning systems serving Tenant exclusively (including all plumbing connected to said facilities or systems installed by or on behalf of Tenant or existing in the Premises at the time of Landlord’s delivery of the Premises to Tenant). Tenant shall make all repairs to the provisions Premises not required to be made by Landlord under subparagraph (a) above with replacements of Section 7(aany materials to be made by use of materials of equal or better quality. Tenant shall do all decorating, remodeling, alteration and painting required by Tenant during the Lease Term. If Tenant fails to commence to make such repairs or replacements within fifteen (15) hereof days after written notice from Landlord and thereafter complete such repairs or replacements with diligence, Landlord may at its option make such repairs or replacements, and Tenant shall upon demand pay Landlord for the other provisions cost thereof, together with an administration fee equal to fifteen percent (15%) of such costs.
(c) Upon the expiration or earlier termination of this Lease, Tenant shall keep surrender the Premises in a safe, clean and every part thereof in good condition and repairneat condition, reasonable normal wear and tear and damaged caused by Landlord or resulting from Landlord’s default under this Lease excepted. Except as otherwise set forth in Paragraph 4(b) of this Lease, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate shall remove from the Premises except as provided by lawall trade fixtures, statute or otherwise now or hereafter in effect. All repairs made furnishings and other personal property of Tenant and all computer and phone cabling and wiring installed by or on behalf of Tenant, shall repair all damage caused by such removal, and shall restore the Premises to its original condition, reasonable wear and tear excepted. In addition to all other rights Landlord may have, in the event Tenant does not so remove any such fixtures, furnishings or personal property, Tenant shall be made and performed deemed to have abandoned the same, in such manner as which case Landlord may designate, by contractors store or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition dispose of the Premises or the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for any repairs to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by same at Tenant’s expense, unless appropriate the same are covered by for itself, and/or sell the insurance carried or required to be carried by Landlord hereundersame in its discretion.
Appears in 2 contracts
Samples: Office Lease (SecureWorks Corp), Office Lease (SecureWorks Holding Corp)
Repairs. (a) Tenant shall keep the Premises (including all Fixtures) in good condition and, upon expiration or earlier termination of the Term, shall, subject to the terms and conditions of Section 5.03(d) herein, surrender the same to Landlord in the same condition as when first occupied, reasonable wear and tear excepted. Tenant’s obligation shall include the obligation to repair all damage caused by Tenant, its agents, employees, invitees and licensees to the equipment and other installations in the Premises or anywhere in the Building. Any maintenance, repair or replacement to the windows (including any solar film attached thereto), the Building systems, the Building’s structural components or any areas outside the Premises and which is Tenant’s obligation to perform shall be performed by Landlord at Tenant’s expense. Tenant shall not commit or allow to be committed any waste or damage to any portion of the Premises or the Building.
(b) Landlord shall maintain, in a timely manner, the public portions of at all times operate and maintain the Building in accordance with the standards of Class A office buildings that are customarily followed in the central business district operation and maintenance of First-Class Office Buildings (the “Standard”).
(c) Landlord shall use reasonable efforts to minimize interference with Tenant’s use and occupancy of the City of DetroitPremises in making any repairs, including but not limited alterations, additions or improvements to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, the fire and life safety systems, mechanical, HVAC, plumbing and electrical equipment servicing the Premises and the Building and the common areas servicing the Development, in good order and condition as reasonably determined by Landlord and the cost shall be included in Expenses, except for the repairs due to fire and other casualties (to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Buildingcleaning and maintenance thereof; provided, however, Tenant that Landlord shall be responsible have no obligation to employ contractors or labor at so-called overtime or other premium pay the cost of replacement of light bulbs and fluorescent tubes in the Premises.
(b) Subject rates or to the provisions of Section 7(a) hereof and the incur any other provisions of this Leaseovertime costs or expenses whatsoever, Tenant except that Landlord, at its expense shall keep the Premises and every part thereof in good condition and repair, reasonable wear and tear and damaged caused by Landlord employ contractors or resulting from Landlord’s default under this Lease excepted. Except as otherwise set forth in this Lease, Tenant hereby waives all rights labor at so-called overtime or other premium pay rates if necessary to make repairs at the expense of Landlord or in lieu thereof any repair required to vacate the Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs be made by or on behalf it hereunder to remedy any condition that either (i) results in a denial of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for any repairs access to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted and/or (ii) except in the Building case of a fire or other casualty, precludes Tenant from conducting its business from more than thirty percent (30%) of the Development by Premises. In all other cases, at Tenant’s request, unless Landlord shall employ contractors or labor at so-called overtime or other premium pay rates and incur any other overtime costs or expenses in making any repairs, alterations, additions or improvements to the same are covered by extent it is practicable to do so, and Tenant shall pay to Landlord, as additional rent, within twenty (20) days after demand, an amount equal to the insurance carried difference between the overtime or required to be carried by Landlord hereunderother premium pay and straight time pay.
Appears in 2 contracts
Samples: Lease (Yext, Inc.), Lease (Yext, Inc.)
Repairs. (a) Landlord shall maintainshall, in at its own cost and expense, except as may be provided elsewhere herein, make all necessary repairs and replacements to the exterior, structural components, and common areas and common facilities of the building of which the Leased Premises form a timely mannerpart, including, without limitation, the public portions of the Building in accordance with the standards of Class A office buildings in the central business district of the City of Detroitroof, including but not limited to any lobbiesfoundation, stairs, elevators, corridors and restrooms, together with the windows and exterior or interior structural walls, roofsceilings, foundations floors and structure itself of glass, and to the Building, the fire and life safety systems, mechanical, HVAC, electric, water and plumbing systems and electrical other equipment servicing used to provide the Premises and the Building and the common areas servicing the Development, in good order and condition as reasonably determined services furnished by Landlord and the cost shall be included in Expenseshereunder, except for the repairs due to fire and other casualties (to the extent the cost of unless any such repairs are covered damage is caused by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, its employees, agents or visitors, in which event Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, however, Tenant shall be responsible to pay bear the cost of replacement of light bulbs and fluorescent tubes in the Premises.
(b) Subject to the provisions of Section 7(a) hereof and the other provisions of this Lease, Tenant shall keep the Premises and every part thereof in good condition and repair, reasonable wear and tear and damaged caused by Landlord or resulting from Landlord’s default under this Lease excepted. Except as otherwise set forth in this Lease, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation shall keep the parking areas, sidewalks and has made no promise other common areas in a clean and neat condition. All injury or damage to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition of the Premises building or the Building Leased Premises caused by moving the property of Tenant in or out thereof, or by installation or removal of furniture, fixtures or other property, or by any other act or omission of Tenant, its employees, agents or visitors, shall be promptly repaired by Tenant at Tenant's cost and expense. In the event Tenant shall fail to do so repair the building or the Leased Premises, then Landlord shall have been made the right to make such repair and any charge or cost actually incurred and paid by Landlord therefor shall be paid by Tenant within thirty (30) days after written demand therefor and Landlord may elect, in its discretion, to Tenant except regard such charge or cost as expressly set forth herein. Tenant will pay for any repairs to additional rent which shall become payable with the Premises installment of rent next becoming due or thereafter falling due under the Building or the Development made necessary by any negligence or carelessness terms of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereunderthis Lease.
Appears in 2 contracts
Samples: Lease (American Homepatient Inc), Lease Agreement (American Homepatient Inc)
Repairs. (a) Landlord shall maintain, at Landlord’s cost (and not included in a timely manner, Operating Expenses) repair and maintain the public structural portions of the Building in accordance with the standards of Class A office buildings in the central business district of the City of Detroit, including but not limited to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building(collectively, the “Building Structure”), basic plumbing, sewer, heating, ventilating, air-conditioning, fire and life safety systemssuppression/ sprinkler, mechanical, HVAC, plumbing Building security and electrical equipment servicing the Premises and the Building and the common areas servicing the Development, in good order and condition as reasonably determined systems installed or furnished by Landlord and not located within the cost shall be included in ExpensesPremises (collectively, except for the repairs due to fire “Building Systems”), unless such maintenance and other casualties (to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned caused in part or in whole by the acts act, neglect, fault or omissions omission of Tenantany duty by Tenant or the “Tenant Parties.” as defined in Section 10.1, below, in which event Tenant shall pay to Landlord Landlord, as Additional Rent, the reasonable cost of such maintenance and repairs. Except as set forth in fullthe preceding sentence. Landlord shall be responsible Tenant shall, at Tenant’s own expense, pursuant to supply the terms of this Lease, including, without limitation, Article 8 hereof, keep the Premises, including all improvements, fixtures and pay for furnishings therein, in good order, repair and condition at all times during the replacement Lease Term. In addition. Tenant shall, at Tenant’s own expense but under the supervision and subject to the prior approval of lighting ballasts and light bulbsLandlord, and fluorescent tubes in within any reasonable period of time specified by Landlord, pursuant to the Buildingterms of this Lease, including, without limitation, Article 8 hereof, promptly and adequately repair all damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances; provided, however, that, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be responsible uniformly established for the Building, not to pay exceed 10% of the cost of replacement of light bulbs repair) sufficient to reimburse Landlord for all overhead, general conditions, fees and fluorescent tubes in the Premises.
(b) Subject to the provisions of Section 7(a) hereof and the other provisions of this Lease, Tenant shall keep the Premises and every part thereof in good condition and repair, reasonable wear and tear and damaged caused by Landlord costs or resulting expenses arising from Landlord’s default under this Lease exceptedinvolvement with such repairs and replacements forthwith upon being billed for same. Except Landlord may, but shall not be required to, enter the Premises at all reasonable times (provided that Landlord acts in accordance with Article 27) to make such repairs, alterations, improvements and additions to the Premises or to the Building or to any equipment located in the Building as otherwise set forth in this Lease, Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives all rights and releases its right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the expense of Landlord California Civil Code or in lieu thereof to vacate the Premises except as provided by under any similar law, statute statute, or otherwise ordinance now or hereafter in effect. All repairs made by or on behalf of Tenant The Building Structure and Building Systems shall be made and performed in such manner collectively referred to as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for any repairs to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereunderBase Building.”
Appears in 2 contracts
Samples: Office Lease (Spinal Elements Holdings, Inc.), Office Lease (Spinal Elements Holdings, Inc.)
Repairs. (a) Landlord shall maintainTenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures and furnishings therein, in a timely mannergood order, repair and condition at all times during the public portions Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of the Building in accordance with the standards Landlord, and within any reasonable period of Class A office buildings in the central business district of the City of Detroittime specified by Landlord, including but not limited promptly and adequately repair all damage to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, the fire and life safety systems, mechanical, HVAC, plumbing and electrical equipment servicing the Premises and the Building replace or repair all damaged, broken, or worn fixtures and the common areas servicing the Development, in good order and condition as reasonably determined by Landlord and the cost shall be included in Expensesappurtenances, except for damage caused by ordinary wear and tear or beyond the repairs due reasonable control of Tenant; provided however, that, at Landlord’s option, or if Tenant fails to fire make such repairs, Landlord may, after written notice to Tenant and other casualties Tenant’s failure to repair within five (to the extent the cost of 5) business days thereafter, but need not, make such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenantreplacements, which and Tenant shall pay Landlord the out-of-pocket costs thereof, plus a percentage of such out-of-pocket costs (to be uniformly established for the Building and/or the Project, but in no event greater than seven percent (7%) thereof) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Subject to the terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in full. the Project as Landlord shall desire or deem necessary or as Landlord may be responsible required to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Buildingdo by governmental or quasi-governmental authority or court order or decree; provided, however, Tenant except for emergencies, any such entry into the Premises by Landlord shall be responsible performed in a manner so as not to pay the cost of replacement of light bulbs and fluorescent tubes in materially interfere with Tenant’s use of, or access to, the Premises.
(b) Subject to the provisions of Section 7(a) hereof and the other provisions of this Lease, Tenant shall keep the Premises and every part thereof in good condition and repair, reasonable wear and tear and damaged caused by Landlord or resulting from Landlord’s default under this Lease excepted. Except as otherwise set forth in this Lease, Tenant hereby waives any and all rights to make repairs at under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the expense of Landlord California Civil Code or in lieu thereof to vacate the Premises except as provided by under any similar law, statute statute, or otherwise ordinance now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for any repairs to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereunder.
Appears in 2 contracts
Samples: Office Lease (Appdynamics Inc), Office Lease (Appdynamics Inc)
Repairs. (a) Landlord shall maintain, in a timely manner, the public portions of the Building Except for repairs required to be made by Tenant in accordance with the standards of Class A office buildings terms hereof, Landlord shall make all repairs and replacements, structural and otherwise, necessary or desirable in order to keep in good order and repair (the central business district need for which Landlord shall have knowledge) all structural portions of the City of DetroitBuildings comprising the Premises (including, including but not limited to without limitation, any lobbiesroofs, stairsfoundation, elevatorsfootings, corridors and restrooms, together with the windows and exterior walls, roofsload bearing columns and floor slabs), foundations and structure itself the Building systems that service the Premises, the Common Areas, the Licensed Space, the exterior walls of the BuildingPremises, the fire and life safety systems, mechanical, HVAC, plumbing and electrical equipment servicing windows of the Premises and the Building air conditioning systems and the common areas servicing the Development, in good order and condition equipment as reasonably determined by Landlord and the cost shall be included in Expenses, except for the repairs due to fire and other casualties (to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, however, Tenant shall be responsible to pay the cost of replacement of light bulbs and fluorescent tubes presently exist in the Premises. Tenant agrees to notify Landlord of the necessity of repairs of which Tenant may have knowledge, for which Landlord may be responsible under the provisions of the preceding sentence. In performing any such repairs Landlord agrees to use commercially reasonable efforts to (i) perform the same with due diligence and continuity and (ii) minimize interference with Tenant’s use and occupancy of the Premises; provided that in no event shall Landlord be required to utilize overtime or premium pay labor or incur any extraordinary costs in connection therewith.
(b) Subject to Section 8.1 hereof, Tenant shall, throughout the provisions of Section 7(a) hereof and the other provisions term of this Lease, Tenant shall keep take good care of the Premises Premises, the fixtures and every part thereof equipment therein and any Alterations, and at Tenant’s sole cost and expense, make all repairs thereto as and when needed to preserve them in good condition working order and repaircondition, reasonable wear and tear tear, obsolescence and damaged damage from the elements, fire or other casualty, excepted.
(c) Notwithstanding anything to the contrary contained herein, all damage or injury to the Property, the Common Areas, the Licensed Space or to the fixtures, equipment and appurtenances therein, whether requiring structural or non-structural repairs, caused by Landlord or resulting from Landlord(i) the omission, neglect or improper conduct of Tenant, Tenant’s default under this Lease excepted. Except as otherwise set forth in this Leaseservants, employees, invitees, guests or licensees, (ii) any Alterations, and/or (iii) the moving of Tenant’s fixtures, furniture or equipment, shall be repaired promptly by Tenant hereby waives all rights at its sole cost and expense, to make repairs at the expense satisfaction of Landlord or in lieu thereof reasonably exercised (except that Landlord may elect to vacate the Premises except as provided by law, statute or otherwise now or hereafter in effect. All perform such repairs made by or on behalf of Tenant upon prior written notice to Tenant, and the expenses thereof incurred by Landlord shall be made and performed in such manner collectible as Landlord may designate, by contractors additional rent within twenty (20) days after rendition of a xxxx or mechanics reasonably approved by Landlord and in accordance with statement therefor). All the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for any repairs to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are covered by the insurance carried or required to be carried made by Tenant hereunder shall be of quality or class equal to the original work or construction. Except as specifically provided in Article 12 of this Lease, there shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord hereunderby reason of inconvenience, annoyance or injury to business arising from Landlord, Tenant or others making or failing to make any repairs, alterations, additions or improvements in or to any portion of the Building, Premises, the Common Areas, the Licensed Space or in and to the fixtures, appurtenances or equipment thereof. The provisions of this Article 8 with respect to the making of repairs shall not apply in the case of fire or other casualty which are dealt with in Article 12 hereof.
Appears in 2 contracts
Samples: Lease Agreement (Armstrong World Industries Inc), Lease Agreement (Armstrong Flooring, Inc.)
Repairs. (a) Landlord shall maintain, maintain in a timely manner, good condition and operating order and keep in good repair and condition the public structural portions of the Building in accordance with the standards of Class A office buildings in the central business district of the City of Detroit, including but not limited to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, including the fire foundation, floor/ceiling slabs, roof structure, curtain wall, exterior glass and life safety systemsmullions, columns, beams, shafts (including elevator shafts), stairs, stairwells, elevator cab, men’s and women’s washrooms, Building mechanical, HVACelectrical and telephone closets, plumbing and electrical equipment servicing the Premises all common and the Building and the common public areas servicing the DevelopmentBuilding, in good order including the parking areas, landscaping and condition as reasonably determined by Landlord exterior Project signage (collectively, “Building Structure”) and the cost shall be included Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the “Building Systems”) and the Project Common Areas. Notwithstanding anything in Expenses, except for the repairs due to fire and other casualties (this Lease to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, howevercontrary, Tenant shall be responsible required to pay repair the cost of replacement of light bulbs and fluorescent tubes in Building Structure and/or the Premises.
(b) Subject Building Systems to the provisions of Section 7(a) hereof and the other provisions of this Lease, Tenant shall keep the Premises and every part thereof in good condition and repair, reasonable wear and tear and damaged extent caused by Landlord or resulting from Landlorddue to Tenant’s default under this Lease excepted. Except as otherwise set forth in this Lease, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition use of the Premises or the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for any repairs other than normal and customary business office operations, unless and to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are extent such damage is covered by the insurance carried or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the “BS/BS Exception”). Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, equipment, interior window coverings, and furnishings therein, and the floor or floors of the Building on which the Premises is located, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception; provided that Landlord shall provide janitorial services to the Premises pursuant to Section 6.1.5 above. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant’s failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord shall be performed in a manner so as not to materially interfere with Tenant’s use of, or access to, the Premises; provided that, with respect to items (ii) and (iii) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant’s use of, or access to, the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.
Appears in 2 contracts
Samples: Office Lease (Airgain Inc), Office Lease (Airgain Inc)
Repairs. (a) Landlord shall maintainLessee will, at all times, keep the Premises neat, clean and in a timely mannersanitary condition. Lessor, at its sole expense, shall repair the public portions roof structure, walls and foundation of the Building in accordance with the standards of Class A office buildings demised Premises, unless Lessee is responsible for such damage, and provided however that Lessee shall be required to notify Lessor in the central business district event any repairs which are the Lessor's responsibility are necessitated. All other repairs to Lessee's Premises shall be at Lessee's sole cost and expense. Lessor agrees to repair and maintain the common area, parking area and landscaping of the City of Detroitentire building on the Property described in Exhibit "A", including but not limited Lessee agrees to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, the fire and life safety systems, mechanical, HVAC, plumbing and electrical equipment servicing the Premises and the Building and the common areas servicing the Development, in good order and condition as reasonably determined by Landlord and the cost shall be included in Expenses, except for the repairs due to fire and other casualties (to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, however, Tenant shall be responsible to pay the cost of replacement of light bulbs and fluorescent tubes in the Premises.
(b) Subject to the provisions of Section 7(a) hereof and the other provisions of this Leasesuch common expenses incurred by Lessor, Tenant shall keep the Premises and every part thereof in good condition and repair, which includes all Common Areas. Except for reasonable wear and tear and damaged caused damage by Landlord fire, windstorm and Acts of God, or resulting from Landlord’s default other similar casualty, Lessee will at all times preserve said Premises in as good repair as they now are or may hereafter be put to. Lessee agrees that at the expiration or sooner termination of this Lease, Lessee will quit and surrender said Premises without notice and in a neat and clean condition and will deliver up all keys belonging to said Premises to the Lessor or Lessor's agent. Lessee shall have heating and ventilation equipment and overhead doors serviced and maintained by qualified service contractors, at its sole expense, on a regular basis. Lessor reserves for itself and its employees or contractors, and Lessee covenants to permit Lessor or its agents, employees or contractors, to enter any and all portions of the Premises at any and all reasonable times with reasonable notice to make such repairs as shall be necessary for the safety and preservation of the Premises. Nothing herein shall imply any duty by Lessor to make any such repairs or do any other work that under any provision of this Lease, Lessee is required to perform, and the performance hereof by Lessor shall not constitute a waiver of Lessee's default, nor shall the obligation of Lessee under this Lease exceptedbe thereby affected in any manner. Except as otherwise set forth Furthermore Lessor during the progress of such repairs or other work may keep and store on the demised Premises all necessary material, tools and equipment, and Lessor shall in this Leaseno event be liable for disturbance, Tenant hereby waives all rights inconvenience, annoyance, loss of business or other damage to make Lessee or any assignees or sublessee's under the Lease by making such repairs at the expense of Landlord or performing any such work on or in lieu thereof to vacate the demised Premises or on account of bringing materials, supplies and equipment into or through the Premises except as provided by lawduring the course of such work. Lessor shall use his best efforts to minimize the inconvenience to Lessee, statute or otherwise now or hereafter and to perform necessary repairs in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for any repairs to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereundera timely manner.
Appears in 1 contract
Samples: Lease (Rodi Power Systems Inc)
Repairs. (a) Landlord shall maintainmake all necessary repairs and replacements to the building and to the common areas, in a timely mannernow existing heating, the public portions of the Building in accordance with the standards of Class A office buildings in the central business district of the City of Detroit, including but not limited to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, the fire and life safety systems, mechanical, HVAC, plumbing now existing air conditioning and electrical equipment servicing the Premises and the Building and the common areas servicing the Development, in good order and condition as reasonably determined by Landlord and the cost shall be included in Expenses, systems located therein except for the items of electrical replacement which are the Tenant's responsibility pursuant to Paragraph 9 hereof, and Landlord shall also make all repairs due to fire and other casualties (to the extent the cost of such repairs Leased Premises which are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord structural in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Buildingnature; provided, however, that Tenant shall make all repairs and replacements arising from its act, neglect or default. Except as provided above, Tenant shall keep the Leased Premises in good repair, and Tenant shall upon the expiration of the term of this Lease, yield and deliver up the Leased Premises in like condition as when taken, and remove such fixtures, equipment and improvements noted on Tenant's plans which are approved by Landlord and attached to an Amendment to this Lease ("Tenant's Improvements to be Removed") reasonable use and wear thereof excepted. Notwithstanding anything contained herein to the contrary, any HVAC system(s) installed by Tenant shall be responsible to pay the repaired or maintained at Tenant's sole and cost of replacement of light bulbs and fluorescent tubes in the Premisesexpense.
(b) Subject In the event that the Landlord shall deem it necessary, or be required by any governmental authority to repair, alter, remove, reconstruct or improve any part of the provisions Leased Premises or of Section 7(a) hereof and the other provisions Building (unless the same result from Tenant's act, neglect, default or mode of this Lease, operation in which event Tenant shall keep make all such repairs, alterations and improvements), then the Premises and every part thereof in good condition and repair, reasonable wear and tear and damaged caused by Landlord or resulting from Landlord’s default under this Lease excepted. Except as otherwise set forth in this Lease, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant same shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord with reasonable dispatch, and in accordance with should the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with making of such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate alterations or paint the Premises or improvements cause any part thereof and no representations respecting the condition interference with Tenant's use of the Premises or Leased Premises, such interference shall not relieve Tenant from the Building have been made by performance of its obligations hereunder provided, however, Landlord shall use reasonable efforts not to Tenant except as expressly set forth herein. Tenant will pay for any repairs to interfere with Tenant's use of the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereunderPremises.
Appears in 1 contract
Repairs. 4.5.1 To at all times during the Term well and substantially repair cleanse maintain renew (ain so far as it falls within the Tenant's obligations hereunder) Landlord shall maintain, (if necessary) and keep the Premises in a timely manner, the public portions good and substantial repair and condition with all manner of the Building reparations cleansing and amendments whatsoever
4.5.2 To keep in accordance with the standards of Class A office buildings in the central business district of the City of Detroit, including but not limited to any lobbies, stairs, elevators, corridors good and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, the fire and life safety systems, mechanical, HVAC, plumbing and electrical equipment servicing safe repair all Conduits exclusively serving the Premises and to indemnify the Building Landlord against all liability howsoever arising from any failure to repair or the misuse or overloading of any Conduits serving the Premises by the Tenant
4.5.3 To maintain in good and serviceable repair and condition the Landlord's and Superior Landlord fixtures and fittings in or upon the Premises and to replace such of them as may become worn out lost unfit for use or destroyed by substituting others of a like or more modem nature and of good quality
4.5.4 To repair and make good all defects decays and wants of repair in respect of the Premises of which notice in writing shall be given by the Landlord to the Tenant and for which the Tenant may be liable hereunder within one calendar month after the giving of such notice provided that in the case of default by the Tenant it shall be lawful for (but not obligatory upon) the Landlord (but without prejudice to the right of re-entry hereinafter contained or other rights of the Landlord with regard thereto) to enter upon the Premises and make good such defects decays and wants of repair and the common areas servicing proper cost thereof and all proper expenses (including surveyors' and other professional fees) together with interest thereon at the Development, in good order and condition Stipulated Rate from the date of expenditure by the Landlord until payment by the Tenant as reasonably determined by well after as before judgment shall be a debt due from the Tenant to the Landlord and the cost shall be included in Expenses, except for the repairs due to fire and other casualties (to the extent the cost of such repairs are covered forthwith recoverable by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, however, Tenant shall be responsible to pay the cost of replacement of light bulbs and fluorescent tubes in the Premises.action
(b) Subject to the provisions of Section 7(a) hereof and the other provisions of this Lease, Tenant shall 4.5.5 To keep the Premises clean and every part thereof in good a neat and tidy condition and repair, reasonable wear keep all rubbish and tear and damaged caused by Landlord or resulting from Landlord’s default under this Lease excepted. Except as otherwise set forth waste in this Lease, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or enclosed receptacles on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof where the Landlord reasonably directs and no representations respecting to empty the condition same at least once a week and to ensure that vehicles parked in the car parking areas are left so as not to cause obstruction to other users
4.5.6 To clean as often as may be requisite the inside of the Premises or window panes and frames of the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for any repairs to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereunder.Premises
Appears in 1 contract
Samples: Lease (Pivotal Corp)
Repairs. (a) Landlord shall maintain, maintain in a timely manner, first-class condition and operating order and keep in good repair and condition the public structural portions of the Building in accordance with the standards of Class A office buildings in the central business district of the City of Detroit, including but not limited to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, including the fire foundation, floor/ceiling slabs, exterior walls, roof structure (as opposed to the roof membrane), curtain wall, exterior glass and life safety systemsmullions, columns, beams, shafts (including elevator shafts), stairs, stairwells, elevator cab, men’s and women’s washrooms, underground utilities, Building mechanical, HVACelectrical and telephone closets, plumbing and electrical equipment servicing the Premises all common and the Building and the common public areas servicing the DevelopmentBuilding, in good order including the parking areas, landscaping and condition as reasonably determined by Landlord exterior Project signage (collectively, the “Building Structure”) and the cost shall be included Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the “Building Systems”) and the Project Common Areas. Notwithstanding anything in Expenses, except for the repairs due to fire and other casualties (this Lease to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, howevercontrary, Tenant shall be responsible required to pay repair the cost of replacement of light bulbs and fluorescent tubes in Building Structure and/or the Premises.
(b) Subject Building Systems to the provisions of Section 7(a) hereof and the other provisions of this Lease, Tenant shall keep the Premises and every part thereof in good condition and repair, reasonable wear and tear and damaged extent any damage thereto is caused by Landlord or resulting from Landlorddue to Tenant’s default under this Lease excepted. Except as otherwise set forth in this Lease, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition use of the Premises or the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for any repairs other than a normal and customary implementation of its Permitted Use, unless and to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are extent such damage is covered by the insurance carried or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the “BS/BS Exception”). Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures and furnishings therein, and the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term. , but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception; provided however, that, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant’s failure to repair within five (5) days thereafter (unless more than five (5) days is required to effectuate such repair, in which case Tenant shall have the time reasonably required to complete the repair, so long as Tenant commences the repair during the five (5) day period and diligently completes such repair), but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, but not to exceed five percent (5%) of the cost of such work) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Notwithstanding that, pursuant to the BS/BS Exception, Tenant may be responsible for certain repairs to the Base Building and/or Building Systems, Landlord shall nevertheless make such repairs at Tenant’s expense; provided, however, to the extent the same are covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord shall be performed in a manner so as not to materially interfere with Tenant’s use of, or access to, the Premises; provided that, with respect to items (ii) and (iii) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant’s use of, or access to, the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.
Appears in 1 contract
Samples: Office Lease (Volcano Corp)
Repairs. (a) Landlord shall maintain, maintain in a timely manner, first-class condition and operating order and keep in good repair and condition the public structural portions of the Building in accordance with the standards of Class A office buildings in the central business district of the City of Detroit, including but not limited to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, including without limitation the fire foundation, floor/ceiling slabs, roof structure (as opposed to roof membrane), curtain wall, exterior glass and life safety systemsmullions, mechanicalcolumns, HVACbeams, plumbing shafts (including elevator shafts), stairs, parking areas, landscaping, exterior Project signage, stairwells, and electrical equipment servicing the Premises all common and public areas (collectively, “Building Structure”) and the Building base first-sprinkler systems which were not constructed by Tenant Parties and the common areas servicing the Development, in good order and condition as reasonably determined by Landlord and the cost shall be included in Expenses, except for the repairs due to fire and other casualties (to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the BuildingCommon Areas; provided, however, that to the extent such fire-sprinkler system (as existing as of the date of this Lease) is altered by Tenant, Tenant shall thereafter be responsible therefor (at which time any warranties relating to such system shall be transferred to Tenant); provided further, however, that until such time as Tenant becomes responsible for the base fire-sprinkler systems pursuant to the foregoing clause, all references to Building Structure shall be deemed to include such base fire-sprinkler system. Notwithstanding anything in this Lease to the contrary, Tenant shall be responsible required to pay repair the cost of replacement of light bulbs and fluorescent tubes in the Premises.
(b) Subject Building Structure to the provisions of Section 7(a) hereof and the other provisions of this Lease, Tenant shall keep the Premises and every part thereof in good condition and repair, reasonable wear and tear and damaged extent caused by Landlord or resulting from Landlorddue to Tenant’s default under this Lease excepted. Except as otherwise set forth in this Lease, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition use of the Premises or for other than normal and customary implementation of the Building have been made by Landlord to Tenant except business operations contemplated under Tenant’s Permitted Use (as expressly set forth herein. Tenant will pay for any repairs in Sections 6(i)-(iii) of the Summary), unless and to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are extent such damage is covered by the insurance carried carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the “BS Exception”). Tenant shall, at Tenant’s own expense, pursuant to the TCCs of this Lease (including, without limitation, Article 8 hereof) keep the Premises, including all improvements, fixtures and furnishings therein, the roof membrane, and the floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term (but such obligation shall not extend to the Building Structure, except pursuant to the BS Exception). In addition, Tenant shall, at Tenaxx’x xwn expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances (but such obligation shall not extend to the Building Structure, except pursuant to the BS Exception), except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant’s failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord shall be performed in a manner so as not to materially interfere with Tenaxx’x xse of, or access to, the Premises; provided that, with respect to items (ii) and (iii) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant’s use of, or access to, the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.
Appears in 1 contract
Samples: Office Lease (Dexcom Inc)
Repairs. (a) Landlord shall maintain, at all times during the Lease Term maintain in good condition and operating order in a timely manner, manner consistent with Comparable Buildings the public structural portions of the Building in accordance with the standards of Class A office buildings in the central business district of the City of Detroit, including but not limited to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, including, without limitation, the fire foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and life safety systemsall Common Areas, including exterior landscaping (collectively, the “Building Structure”), and the “Base Building” (as that term is defined below) mechanical, HVACelectrical, plumbing life safety, plumbing, sprinkler and electrical equipment servicing HVAC systems installed or furnished by Landlord (collectively, the Premises and “Building Systems”). Except as specifically set forth in this Lease to the contrary, Tenant shall not be required to repair the Building and Structure and/or the common areas servicing the Development, in good order and condition as reasonably determined by Landlord and the cost shall be included in Expenses, Building Systems except for the repairs due to fire and other casualties (to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions required because of Tenant’s use of the Premises for other than normal and customary business office operations. Tenant shall, which Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbsat Xxxxxx’s own expense, and fluorescent tubes in the Building; provided, however, Tenant shall be responsible to pay the cost of replacement of light bulbs and fluorescent tubes in the Premises.
(b) Subject pursuant to the provisions of Section 7(a) hereof and the other provisions terms of this Lease, including without limitation, Section 5.3 and Article 8 hereof, but subject to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term. In addition, subject to Articles 10, 11 and 13 Tenant shall keep shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, promptly and adequately repair all damage to the Premises and every part thereof in good condition replace or repair all damaged, broken, or worn fixtures and repairappurtenances, reasonable except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that if Tenant fails to make such repairs, within applicable notice and damaged caused by cure periods Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Property) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or resulting expenses arising from Landlord’s default under this Lease exceptedinvolvement with such repairs and replacements forthwith upon being billed for same. Except as otherwise Landlord may, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in this LeaseSection 27.1 to make such repairs, alterations, improvements or additions to the Premises or to the Property or to any equipment located in the Property as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to complete any required repairs in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Tenant hereby waives any and all rights to make repairs at under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the expense of Landlord California Civil Code or in lieu thereof to vacate the Premises except as provided by under any similar law, statute statute, or otherwise ordinance now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for any repairs to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereunder.
Appears in 1 contract
Samples: Sublease (Reddit, Inc.)
Repairs. (a) Landlord shall maintain, in a timely manner, maintain the public portions exterior of the Building in accordance with the standards of Class A office buildings in the central business district of the City of Detroit, including but not limited and ------- make all structural and major exterior repairs to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, the fire and life safety systems, mechanical, HVAC, plumbing and electrical equipment servicing the Premises and the Building and Premises including the common areas servicing the Developmentbuilding systems, in good order roof, parapet walls, and condition as reasonably determined by Landlord foundation and the cost shall be included in Expenses, except for the repairs due to fire and other casualties (to the extent the cost of load- bearing walls unless such repairs are covered required by insurance proceeds) and for the repair reasons of damages occasioned by the acts negligence or omissions misconduct of Tenant, its agents, employees, customers or invitees, or the particular nature of Tenant's use of the Premises, in which case such repairs shall be made by Tenant. Except as set forth above, if such repairs are of a capital nature, they shall be made at Landlord's expense, otherwise they shall be considered an Operating Expense under Paragraph 3 above. Tenant shall pay give Landlord written notice of the need for any such repairs to Landlord in full. be made by Landlord, and Landlord shall be responsible to supply and pay under no liability for the replacement of lighting ballasts and light bulbs, and fluorescent tubes damage or injury however caused in the Building; providedevent of its failure to make such repairs, howeverunless it shall have received such notice from Tenant and failed to make such repairs within a reasonable time after receipt of such notice. However, Tenant if such repairs cannot be completed within thirty (30) days, it shall be responsible considered sufficient performance if Landlord promptly commences such repairs and continues to pay the cost of replacement of light bulbs and fluorescent tubes use due diligence to complete such repairs as soon as reasonably possible. Except as above provided in the Premises.
(b) Subject to the provisions of Section 7(a) hereof and the other provisions of this LeaseXxxxxxxxx 0, Tenant shall Xxxxxx shall, at its expense, keep the Premises and every part thereof in good condition and repair, reasonable ordinary wear and tear and damaged caused by Landlord or resulting from Landlord’s default under this Lease casualty excepted. Except as otherwise set forth in this LeaseIf the Building, Tenant hereby waives all rights to make repairs at including the expense of Landlord elevator, boilers, engines, pipes, or in lieu thereof to vacate the Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises other apparatus (or any part thereof and no representations respecting of them) used for the condition purpose of the Premises heating, ventilating or air-conditioning the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for any repairs to or operating the Premises elevator, or if the water pipes, drainage pipes, electric lighting or other equipment of the Building or the Development made necessary by any roof or outside walls of the Building get out of repair or become damaged or destroyed through the negligence or carelessness misconduct of the Tenant or its employees agents, employees, customers, or persons permitted invitees, in any way stopping up or injuring the heating, ventilating, or air-conditioning apparatus, elevator, water pipes, drainage pipes or other equipment or part of the Building, the expense of the necessary repairs, replacements or alterations shall be borne by the Tenant, which shall pay the same to the Landlord within thirty (30) days of demand. Replacement of and addition to the plumbing or electrical equipment and facilities located in, or serving only the Premises, and unclogging of the plumbing systems of the Premises caused by the negligence or misconduct of Tenant, its agents, employees, customers, or invitees shall be at Tenant's expense. Tenant shall, at it expense, repair or replace with glass of equal quality any broken or cracked plate or other glass in doors, windows and elsewhere in the Building interior and on the exterior of the Premises (except the exterior curtain wall glass and lobby wall glass) unless the breakage shall be covered by any fire or other casualty insurance which Landlord may carry on the Development Building. Repairs and replacements of exterior curtain wall glass required by reason of negligence or misconduct of Tenant, unless the same are covered by the insurance carried its agents, employees, customers, or required to invitees shall be carried by Landlord hereunderdone at Tenant's expense.
Appears in 1 contract
Samples: Office Lease (SPR Inc)
Repairs. (a) Landlord Section 9.01. The Tenant shall maintainkeep the Demised Premises, including the sidewalks in front thereof, in good condition and repair, and shall redecorate, paint and renovate the Demised Premises as may be necessary to keep them in good condition and repair and good appearance. The Tenant shall keep the Demised Premises and all parts thereof in a timely mannerclean and sanitary condition and free from trash, flammable material and other objectionable matter. The Tenant shall keep the sidewalks, roadways and landscaped areas forming part of the Demised Premises clean and free of obstructions, snow and ice. Throughout the Term of this Lease, the public portions Tenant, at its sole cost and expense, will take good care of the Building in accordance with the standards of Class A office buildings in the central business district of the City of Detroit, including but not limited to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, the fire and life safety systems, mechanical, HVAC, plumbing and electrical equipment servicing the Demised Premises and will keep the Building and the common areas servicing the Development, same in good order and condition as reasonably determined by Landlord and make all necessary repairs and replacements thereto, structural and non-structural, interior and exterior, ordinary and extraordinary, foreseen and unforeseen. The Tenant shall replace, at the cost shall be included Tenant's expense, all glass in Expenses, except for and on the repairs due to fire and other casualties (to Demised Premises which may become broken after the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions date of Tenant's occupancy. When used in this Article, which Tenant the term "repairs" shall pay to Landlord in fullinclude all necessary replacements and renewals. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, however, All repairs made by Tenant shall be responsible to pay the cost of replacement of light bulbs equal in quality and fluorescent tubes in the Premises.
(b) Subject class to the provisions of Section 7(a) hereof and the other provisions of this Lease, original work. The Tenant shall keep quit and surrender the Demised Premises and every part thereof at the end of the Term in good condition order and repair, reasonable wear and tear excepted and damaged caused in compliance with the requirements stated herein and in a "broom-clean" condition, and shall, by way of example and not by way of limitation, clean and reseal all exposed concrete floors. Should the Tenant fail to keep the Demised Premises in good condition and repair, Landlord, after reasonable notice to Tenant (or without notice in the case of an emergency), may, without being obliged, make the repairs, and Tenant shall pay to Landlord, immediately upon demand, the cost therefor, which shall constitute Additional Rent due hereunder and shall be subject to all remedies by law or otherwise for the collection of Basic Rent and Additional Rent; however, nothing herein shall be construed to impose a duty on Landlord to mitigate its damages by undertaking any repair which is Tenant's obligation.
Section 9.02. The Tenant shall not make any alterations, additions or improvements to the Demised Premises without the prior written consent of the Landlord, which Landlord shall not unreasonably withhold or delay. In the event Tenant has not received a response from Landlord to Tenant's request for such alteration, addition or improvement, within ten (10) days of Landlord's receipt of such request, Tenant shall so notify Landlord of its failure to respond, and should Landlord still not respond to Tenant within five (5) days of receipt of such Tenant's notice, Landlord's consent shall be deemed granted. All erections, alterations, additions and improvements, whether temporary or permanent in character, which may be made upon or to the Demised Premises either by the Landlord or resulting from Landlord’s default under this Lease excepted. Except as otherwise set forth in this Leasethe Tenant, Tenant hereby waives all rights to make repairs except furniture or movable trade fixtures installed at the expense of the Tenant, shall be the property of the Landlord and shall remain open and be surrendered with the Demised Premises as a part thereof at the expiration or sooner termination of this Lease, without compensation to the Tenant; or, in lieu thereof the alternative and at the direction of Landlord, Tenant shall remove all or so much of the property therefrom as directed or such property shall be conclusively deemed abandoned and may be removed by Landlord, and Tenant shall reimburse Landlord for the cost of such removal. Landlord may have any such property stored at Tenant's risk and expense. Landlord shall notify Tenant at the time of its consent, as to vacate whether it will require that Tenant remove, at the expiration or sooner termination of the Lease Term, any erections, alterations, additions or improvements made by Tenant, and restore the Demised Premises to its preexisting condition and that the Tenant use contractors approved by Landlord. Notwithstanding anything contained herein to the contrary, Tenant may, without the need for obtaining Landlord's prior written consent, make alterations, additions and improvements within the Premises except as which do not affect the Building Systems (i.e. heating, ventilating, plumbing, electrical or other utilities) or which do not affect any structural portion of the Building, provided by lawsaid alteration, statute or otherwise now or hereafter addition and/or improvement does not exceed the sum of Forty Thousand and 00/100 ($40,000.00) Dollars in effect. All repairs made by or on behalf of Tenant shall be made and performed the aggregate in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this any one (1) Lease as Exhibit “E” hereto and all laws, ordinances and regulationsyear. Tenant shall shall, however, as to said alterations, additions and/or improvements not requiring Landlord's consent, provide Landlord with unconditional lien waivers from all contractorsreasonable prior notice of its intention to perform such alterations, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection together with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except information as expressly set forth herein. Tenant will pay for any repairs to the Premises or the Building or the Development made necessary by any negligence or carelessness nature of Tenant or its employees or persons permitted in the Building or the Development by Tenantsaid alterations, unless the same are covered by the insurance carried or required additions and/or improvements, including but not limited to be carried by Landlord hereunderplans and specifications.
Appears in 1 contract
Samples: Lease Agreement (Evivrus, Inc.)
Repairs. (a) Tenant accepts the Premises in an "as-is" condition, as of the date of this Lease. Landlord shall maintainshall, at Landlord's sole cost and expense, maintain in a timely mannergood condition, order, and repair, the public portions of Building including common areas, doors and glass surfaces, the Building in accordance with the standards of Class A office buildings in the central business district of the City of Detroitfoundation, including but not limited to any lobbiesroof, stairsloading-bearing walls, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Buildingfencing, the fire and life safety systemsplumbing system, mechanicalheating, HVACair-conditioning, plumbing and electrical equipment servicing the Premises and the Building and the common areas servicing the Developmentventilating, in good order and condition as reasonably determined by Landlord and the cost shall be included in Expenseselectrical, except for the repairs due to fire and other casualties (to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbslighting, and fluorescent tubes sprinkling equipment, and in the BuildingPremises: electrical devices and lighting fixtures, systems and facilities located in or serving the Premises; provided, however, Tenant shall be responsible to pay reimburse Landlord upon demand for all maintenance or repairs necessitated by the cost negligent, intentional, or wrongful act of replacement of light bulbs and fluorescent tubes in the PremisesTenant, its agents, employees, or invitees.
(b) Subject If directed by proper authority, Landlord shall provide alterations, repairs or improvements to the provisions Building necessitated by the American with Disabilities Act of Section 7(a1990 (ADA) hereof and any regulations thereunder, including any similar zoning requirements, ordinances, statues, regulations or building codes, whether now in effect of hereafter enacted.
(c) Tenant, at Tenant's sole cost and expense, shall maintain in good, clean and sanitary condition, order, and repair, free from accumulations of trash or rubbish throughout the other provisions Term of this Lease, the Premises including, but not limited to, all doors, walls, ceilings, floors, carpeting, windows, glass surfaces, and draperies. If any maintenance required by this Paragraph, Landlord may perform same on Tenant's behalf, and Tenant shall keep reimburse Landlord, upon demand, for all costs and expenses incurred together with interest thereon at the Premises and every part thereof in good condition and repair, reasonable highest rate permitted by law until paid. Reasonable wear and tear and damaged caused by Landlord or resulting are excepted from Landlord’s default under the provisions of this Lease excepted. Except as otherwise set forth in this Lease, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for any repairs to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereunderParagraph.
Appears in 1 contract
Repairs. 12.01 Tenant shall take good care of the Demised Premises and Tenant’s Roof Top Space (aand RTS Property therein) Landlord shall maintainand the fixtures and appurtenances therein or outside the Premises as permitted hereunder, including any Supplemental HVAC System and the Private Shuttle Elevator (subject to Section 2.03E and Section 5.10 hereof), in each case, at Tenant’s sole cost and expense (unless required as a timely manner, the public portions result of the Building in accordance with the standards negligence or willful misconduct of Class A office buildings in the central business district of the City of Detroit, including but not limited to Landlord or any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, the fire and life safety systems, mechanical, HVAC, plumbing and electrical equipment servicing the Premises and the Building and the common areas servicing the DevelopmentLandlord Party, in good order and condition as reasonably determined by Landlord and which case the cost shall be included in Expensessame shall, except for the repairs due to fire and other casualties (to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, however, Tenant shall be responsible to pay the cost of replacement of light bulbs and fluorescent tubes in the Premises.
(b) Subject subject to the provisions of Section 7(a14.01B hereof, be performed by Tenant at Landlord’s sole cost and expense), make all repairs thereto as and when needed in Tenant’s reasonable discretion to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence and damage for which Tenant is not responsible for pursuant to the provisions of Articles 17 and 18 hereof; it being agreed, however, that Tenant shall have no obligation to make structural repairs unless the need for such repair was necessitated by reason of (a) hereof any cause or condition arising out of any Tenant Changes, any Supplemental RTS Work or other alterations or installations in the Demised Premises, the Private Shuttle Elevator or, after Substantial Completion of the RTS -Build-out Work therein, Tenant’s Roof Top Space (whether made by Tenant or by Landlord on behalf of Tenant) or as hereinafter provided in this Section 12.01, or (b) Tenant’s particular manner of use or occupancy (as opposed to mere office use), or (c) any breach of any of Tenant’s covenants or agreements under this Lease, or (d) any negligence or willful misconduct by Tenant, any Tenant Party, any Related Entity or any contractor, subcontractor, licensee or invitee thereof, or (e) Tenant’s use or manner of use or occupancy of the Premises or Tenant’s Roof Top Space as a “place of public accommodation” within the meaning of the ADA. Tenant acknowledges that such obligation applies to, without limitation: (i) all distributions within the Demised Premises of the Base Systems serving the Demised Premises (from the point of connection within the Demised Premises) and (ii) any such Base System located outside of the Demised Premises to the extent it exclusively serves the Demised Premises or Tenant’s Roof Top Space but in such event Landlord shall perform such repairs at Tenant’s sole but reasonable cost and expense. All damage or injury to the Demised Premises or Tenant’s Roof Top Space, in each case, whether structural or non-structural, and to its fixtures, glass, appurtenances and equipment or to the Building, or to its fixtures, glass, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal of furniture, fixtures or other provisions property, or from any other cause of any other kind or nature whatsoever due to the negligence or willful misconduct of Tenant, its employees, agents, visitors or licensees or any other Tenant Party or Related Entity, shall be repaired, restored or replaced promptly by Tenant at its sole but reasonable cost and expense to the reasonable satisfaction of Landlord. All aforesaid repairs, maintenance, restorations and replacements shall be in quality and class equal to the original work or installations and shall be done in a good and workerlike manner. At all times during the Term of this Lease, as required under the Unit Ground Lease, Tenant shall (A) not cause any waste to or upon the Building, the Unit, the Demised Premises, the Roof Top Garden Space or the Common Elements or any part thereof, nor permit or suffer any waste to or upon the Building, the Unit, the Demised Premises, the Roof Top Garden Space or the Common Elements; (B) not cause physical damage (other than as part of any Tenant Change permitted hereunder or as caused by a casualty or taking) to the Building, the Unit, the Demised Premises, the Roof Top Garden Space or the Common Elements or any part thereof; (C) maintain, repair, keep, use and occupy the Demised Premises and Tenant’s Roof Top Space in compliance with the DUO; and (D) keep the Demised Premises and Tenant’s Roof Top Space free of graffiti. Tenant shall promptly make, at Tenant’s sole cost and expense, all repairs in and to the Demised Premises and Tenant’s Roof Top Space for which Tenant is responsible, using only the contractor for the trade or trades in question approved by Landlord, which approval shall be granted or withheld in accordance with the provisions of Article 13 hereof. Any other repairs in or to the Building, the Unit and/or the Common Elements, or any portion thereof, or the facilities and systems thereof for which Tenant is responsible shall be performed by Landlord at Tenant’s sole cost and expense. Landlord and Tenant agree that for the purposes of this Section 12.01, (a) core lavatories on any full floor of the Premises and every any bathroom(s) located within the 51st Floor Space and (b) Tenant’s Roof Top Space, in each case, are not Building common areas, FC Limited Common Elements nor Common Elements and Tenant shall maintain, repair and/or make replacements thereto, as appropriate, at Tenant’s sole cost and expense, subject to the terms of this Lease. Landlord shall have no obligation to clean, repair, replace or maintain any “private” plumbing fixtures or facilities (i.e., plumbing fixtures and facilities other than those that would be the common toilets in a multi-tenant floor) or the rooms in which they are located but the foregoing shall not vitiate Landlord’s obligation to maintain the plumbing therefor that is part thereof the Base Systems to the point of connection to the applicable Office Space Portion in accordance with the terms hereof.
12.02 Except for those repairs which are expressly required to be made by Tenant pursuant to Section 12.01 above but subject to the provisions of Section 12.03 hereof, Landlord shall make or cause to be made all repairs and replacements, structural and otherwise, ordinary or extraordinary, foreseen or unforeseen, necessary or desirable in order to keep in good condition order and repairrepair (a) all structural portions of the Unit (whether located within or outside of the Demised Premises), reasonable wear (b) all Building common areas to the extent such areas serve or affect the Demised Premises or Tenant’s use thereof, including, without limitation, all elevators (excluding the Private Shuttle Elevator), corridors, lobbies, core lavatories, including all fixtures therein (except as provided in Section 12.01), core electric closets, core telecommunication closets, core janitor closets, and tear mechanical rooms, and damaged caused (c) all Base Systems (whether such Base Systems are located within or outside of the Demised Premises) serving the Demised Premises and the common and public service areas of the Building to the extent such areas serve or affect the Demised Premises or Tenant’s use thereof, including, without limitation, the plumbing, electrical, mechanical, Base HVAC System, fire protection, life safety and sprinkler systems of the Unit (other than any distribution of such systems located in the Demised Premises), in each case throughout the Term, and in such manner as is consistent with the maintenance, operation and repair standards of Comparable Buildings, unless, in any instance, any repair or replacement is required as a result of the negligence or willful misconduct of Tenant, Tenant Party or any other Related Entity, in which case the same shall be performed by Landlord or resulting from Landlordat Tenant’s default under this Lease excepted. Except as otherwise set forth sole cost and expense.
12.03 Notwithstanding anything to the contrary contained in this Lease, Tenant hereby waives all rights Landlord, subject to the provisions of Article 34 hereof, shall have no obligation to operate, repair or maintain any portion of the Unit, the Building, the Common Elements and/or the Building common areas, or make any such repairs at thereto, to the expense extent the same is the responsibility of any Condominium Board pursuant to the Condominium Documents but Landlord or in lieu thereof shall be obligated to vacate enforce the Premises except obligations of the Condominium Board as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for any repairs to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereunderArticle 34 hereof.
Appears in 1 contract
Samples: Lease Agreement (Datadog, Inc.)
Repairs. (aA. Except As Set Forth In paragraph 6(B) Landlord shall maintainhereof or otherwise set forth herein, Lessee, shall, at Lessee’s sole expense, in a timely mannermanner as necessary to protect the Premises from waste and HXXXXX MANAGEMENT COMPANY AMERICAN BANK NOTE HOLOGRAPHICS, INC. October 9, 2002/kat deterioration, make all necessary or appropriate repairs, replacements, renewals, and additions, interior and exterior, non-structural, ordinary and extraordinary, foreseen and unforeseen, required to keep and maintain the public portions of the Building Premises and all Systems (as hereinafter defined), equipment and apparatus appurtenant thereto or used in connection therewith in good order and condition. If, and only if, Lessee does not lease an entire Building, Lessor shall maintain (at lessee’s expense in accordance with the standards provisions of Class A office buildings in Pxxxxxxxx 0X, xxxxx) the central business district of non-roof and non-structural Common Elements.
(i) With respect to the City of Detroitair conditioning, including but not limited to any lobbiesheating and ventilation systems (“HVAC”), stairselectrical, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, the fire and life safety systemsplumbing, mechanical, fire alarm, sprinkler and gas (collectively, the “Systems”) or any thereof existing on the Premises, Lessee agrees that it shall, at its own cost and expense, be required to maintain, repair, and replace the Systems, in good operating condition, at its sole cost and expense during the term of this Lease, and any Extension Term, Renewal Term or Holdover Term. Lessee shall install any new or replacement Systems subject to Lessor’s absolute prior written approval. With respect to the HVAC, plumbing Lessee shall enter into and electrical equipment pay for a service/labor contract with O’Xxxxxx and Associates of Chestnut Hill, or an “All Embracing Service Contract” with HVAC Services, Inc. of Philadelphia PA or other qualified HVAC service provider subject to Lessor’s prior written approval (which approval shall not be unreasonably withheld), beginning on the Lease Commencement Date, which contracts shall continue during the term of this Lease, and any Extension Term, Renewal Term or Holdover Term and will be subject to the prior written approval of Lessor. Failure of Lessee to enter such contract shall be construed as a default under the terms of this Lease. In addition to any rights or remedies which Lessor may have as set forth in this Lease to cure such default, Lessor shall have the right to enter into such maintenance contracts as required hereunder and Lessee shall reimburse Lessor for the cost of such contracts plus Twenty-One Percent (21%) for service charges thereon within ten (10) days of receipt of such bxxx. A copy of said service/labor contract shall be deposited with Lessor within ten (10) days after the date on which procurement of said service/labor contract shall be required under the terms hereof.
(a) The above notwithstanding and provided that Lessee has continually maintained a Service/Labor Contract and continues its Service/Labor Contract (“HVAC Contract”) with E.X. X’Xxxxxx Servicing Corporation (“Contractor”), or any of its related companies, for the proper and timely maintenance, repair and/or restoration (“Maintenance”) of the existing, original roof-top mounted HVAC system servicing part of the original existing offices from the initial term of the Prior Lease between the predecessors of Lessor and Lessee (“HVAC Unit”) and further provided that such Maintenance is and has been performed on a continuing and timely basis and all such Maintenance is and has been performed in a good and workmanlike manner, Lessee shall not be required to replace such HVAC Unit, if such is considered not to be repairable by the Contractor. In such instance, Lessor will replace such HVAC Unit provided Lessee is not then nor ever has been in default under any of the terms and conditions of this Lease beyond the applicable cure periods. In the event that Lessee has complied with all of the conditions specified in this Subsection, and the HVAC Unit is deemed to be no longer reasonably repairable by the Contractor, Lessor shall replace such HVAC Unit at its sole cost and expense.
(ii) Any repairs, replacements, renewals, maintenance and additions, and any labor performed or materials furnished in, on or about the Premises shall be performed and furnished by Lessee to the satisfaction of Lessor and in strict compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted municipal authorities or other governmental bodies having jurisdiction over the Premises and the Building requirements of any board of underwriters having jurisdiction thereover. All material used in repair, replacement, maintenance and renewal of the common areas servicing Premises shall be of equal or better quality to the Developmentsame material in the Premises on the Lease Commencement Date and meet the same or better installation specifications. Prior to commencement of any work or the ordering of any material, Lessee shall give notice thereof to Lessor and prepare and file with the Prothonotary of The Court of Common Pleas of the County in which the Premises is located, at Lessee’s sole cost and expense, a waiver of mechanics’ lien, in good order and condition as reasonably determined by Landlord and the cost form acceptable to Lessor, which shall be included in Expensesexecuted HXXXXX MANAGEMENT COMPANY AMERICAN BANK NOTE HOLOGRAPHICS, except for INC. October 9, 2002/kat by all contractors and subcontractors who are to perform work on the repairs due Premises; Lessee shall present to fire and other casualties (Lessor, prior to the extent commencement of work, a time-stamped copy of said waiver as filed with the cost Prothonotary and true and correct copies of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay all building permits applicable to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, however, Tenant shall be responsible to pay the cost of replacement of light bulbs and fluorescent tubes in the Premises.
(biii) Subject Any repairs necessitated by holes or marks on the walls will be billed directly, as Additional Rent, to the provisions of Section 7(a) hereof and Lessee by Lessor during the other provisions term of this Lease, Tenant shall keep the Premises and every part thereof in good condition and repairany Extension Term, reasonable wear and tear and damaged caused by Landlord Renewal Term or resulting from Landlord’s default under Holdover Term, or after termination of this Lease excepted. Except as otherwise set forth in this Lease, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant and shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition paid within ten (10) days of the Premises or the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for any repairs to the Premises or the Building or the Development made necessary by any negligence or carelessness receipt of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereundersaid bxxx.
Appears in 1 contract
Samples: Lease Agreement (American Bank Note Holographics Inc)
Repairs. (a) Landlord shall maintain, maintain in a timely manner, first-class condition and operating order and keep in good repair and condition the public structural portions of the Building in accordance with the standards of Class A office buildings in the central business district of the City of Detroit, including but not limited to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, including the fire foundation, floor/ceiling slabs, exterior walls, roof structure (as opposed to the roof membrane), curtain wall, exterior glass and life safety systemsmullions, columns, beams, shafts (including elevator shafts), stairs, stairwells, elevator cab, men’s and women’s washrooms, underground utilities, Building mechanical, HVACelectrical and telephone closets, plumbing and electrical equipment servicing the Premises all common and the Building and the common public areas servicing the DevelopmentBuilding, in good order including the parking areas, landscaping and condition as reasonably determined by Landlord exterior Project signage (collectively, the “Building Structure”) and the cost shall be included Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the “Building Systems”) and the Project Common Areas. Notwithstanding anything in Expenses, except for the repairs due to fire and other casualties (this Lease to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, howevercontrary, Tenant shall be responsible required to pay repair the cost of replacement of light bulbs and fluorescent tubes in Building Structure and/or the Premises.
(b) Subject Building Systems to the provisions of Section 7(a) hereof and the other provisions of this Lease, Tenant shall keep the Premises and every part thereof in good condition and repair, reasonable wear and tear and damaged extent any damage thereto is caused by Landlord or resulting from Landlorddue to Tenant’s default under this Lease excepted. Except as otherwise set forth in this Lease, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition use of the Premises or the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for any repairs other than a normal and customary implementation of its Permitted Use, unless and to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are extent such damage is covered by the insurance carried or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the “BS/BS Exception”). Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures and furnishings therein, and the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord (which approval shall not be unreasonably withheld or conditioned), and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception; provided however, that, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant’s failure to repair within five (5) days thereafter (unless more than five (5) days is required to effectuate such repair, in which case Tenant shall have the time reasonably required to complete the repair, so long as Tenant commences the repair during the five (5) day period and diligently completes such repair), but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, but not to exceed five percent (5%) of the cost of such work) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Notwithstanding that pursuant to the BS/BS Exception, Tenant may be responsible for certain repairs to the Base Building and/or Building Systems, Landlord shall nevertheless make such repairs at Tenant’s expense; provided, however, to the extent the same are covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord shall be performed in a manner so as not to materially interfere with Tenant’s use of, or access to, the Premises; provided that, with respect to items (ii) and (iii) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant’s use of, or access to, the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.
Appears in 1 contract
Samples: Office Lease (SERVICE-NOW.COM)
Repairs. (a) Landlord 19.01 Tenant, throughout the Term, shall maintain, in a timely mannertake good care of the Leased Property, the public portions of the Building fixtures and appurtenances therein (including, without limitation, any equipment installed by Tenant in accordance with the standards of Class A office buildings in the central business district of the City of Detroit, including but not limited to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, the fire and life safety systems, mechanical, HVAC, plumbing and electrical equipment servicing the Premises and the Building and the common areas servicing the Development, in good order and condition as reasonably determined by Landlord and the cost shall be included in Expenses, except for the repairs due to fire and other casualties (to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, however, Tenant shall be responsible to pay the cost of replacement of light bulbs and fluorescent tubes in the Premises.
(b) Subject to the provisions of Section 7(a) hereof and the other provisions of this Lease, Tenant and all installations required for the furnishing to the Leased Property of the services enumerated in Article 4 hereof), and the entrance doors thereto and, at Tenant’s sole cost and expense, shall keep make all repairs to the Premises Leased Property, whether structural or non-structural, foreseen or unforeseen, ordinary or extraordinary, as and every part thereof when needed to preserve the same in good working order and condition and repairto comply with the Operating Standard. In addition, reasonable wear all damage or injury to any part of the Facility, or to its fixtures, equipment and tear and damaged appurtenances, or to the sidewalks or curbs adjacent to the Facility, whether requiring structural or nonstructural repairs, caused by Landlord or resulting from (i) the moving of any FF&E or (ii) any act, omission, neglect or improper conduct of, Tenant’s servants, employees, invitees or licensees, or (iii) Tenant’s Changes or the performance thereof, shall be repaired promptly, either by Landlord at Tenant’s sole cost and expense, to the satisfaction of Landlord or, at Landlord’s default under this Lease excepted. Except as otherwise set forth in this Leaseoption, such repairs shall be performed by Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises except as provided by law, statute or otherwise now or hereafter in effectTenant’s sole cost and expense. All the aforesaid repairs made by shall be of a quality or on behalf of Tenant class equal to the original work or construction and shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed provisions of Article 6 hereof. If Tenant fails to this Lease proceeds with due diligence to make any repairs required to be made by Tenant, and such failure continues for five (5) Business Days after the giving of notice by Landlord (except that no such notice or five (5) Business Days period shall be required in any circumstance in which Landlord reasonably deems prompt action required in order to avoid risk of injury to person or damage to property, or which Landlord otherwise reasonably deems an emergency), same may be made by Landlord, and the expenses thereby incurred by Landlord shall be collectible as Exhibit “E” hereto and all laws, ordinances and regulationsTenant Charges. Tenant shall provide give Landlord with unconditional lien waivers from all contractorsprompt notice of any defective condition in any mechanical, subcontractors and materialmen providing services electric, sanitary, plumbing, utility or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises other service system (or any part thereof and no representations respecting thereof) located in, servicing or passing through the condition of the Premises or the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for any repairs to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereunderLeased Property.
Appears in 1 contract
Repairs. Tenant will, at its own expense and subject to the provisions of Article 8 of this Lease, keep the Premises in good _____ and tenantable condition at all times during the Term of this Lease, and Tenant shall promptly and adequately repair all damages to the Premises (aexcept for reasonable wear and tear and as otherwise provided in Article 25 of this Lease) Landlord shall maintainand replace or repair all damaged or broken glass (including any glass demising walls and signs thereon), in a timely mannerfixtures and appurtenances, under the public portions of the Building in accordance direct supervision and with the standards approval of Class A office buildings in Landlord and within any reasonable period of time specified by Landlord. If Tenant does not do so, or at Landlord's election, Landlord may, but need not, make such repairs or replacements and the central business district amount paid by Landlord for such repairs and replacements (including Landlord's overhead and profit and the cost of general conditions) shall be deemed additional rent reserved under this Lease due and payable forthwith. Landlord may, but shall not be required so to do, enter the City of DetroitPremises at all reasonable times to make such repairs or alterations, improvements and additions, including but not limited to any lobbiesducts and all other facilities for air conditioning service, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, the fire and life safety systems, mechanical, HVAC, plumbing and electrical equipment servicing the Premises and the Building and the common areas servicing the Development, in good order and condition as reasonably determined by Landlord and the cost shall be included in Expenses, except desire or deem necessary for the repairs due to fire and other casualties (to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts safety, preservation or omissions of Tenant, which Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, however, Tenant shall be responsible to pay the cost of replacement of light bulbs and fluorescent tubes in the Premises.
(b) Subject to the provisions of Section 7(a) hereof and the other provisions of this Lease, Tenant shall keep the Premises and every part thereof in good condition and repair, reasonable wear and tear and damaged caused by Landlord or resulting from Landlord’s default under this Lease excepted. Except as otherwise set forth in this Lease, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition improvement of the Premises or the Building have been made or any equipment located in the Building, or as Landlord may be required to do by the City of Chicago or by the order or decree of any court or by any other governmental authority. In the event Landlord or its agents or contractors shall elect or be required to Tenant except as expressly set forth herein. Tenant will pay for any repairs make repairs, alterations, improvements or additions to the Premises or the Building or any equipment located in the Development made necessary by Building, Landlord shall be allowed to take into and upon the Premises all material that may be required to make such repairs, alterations, improvements or additions and, during the continuance of any negligence of said work, to temporarily close doors, entryways, public space and corridors in the Building and to interrupt or carelessness temporarily suspend Building services and facilities without being deemed or held guilty of eviction of Tenant or for damages to Tenant's property, business or person, and the rent reserved herein shall in no way abatx xxxle said repairs, alterations, improvements or additions are being made, and Tenant shall not be entitled to maintain any set-off or counterclaim for damages of any kind against Landlord by reason thereof. Landlord may, at its employees or persons permitted option, make all repairs, alterations, improvements and additions in the Building or the Development by Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereunder.and
Appears in 1 contract
Samples: Lease Agreement (Winston Furniture Co of Alabama Inc)
Repairs. (a) Landlord shall maintainTenant shall, in a timely mannerat Tenant's own expense, keep the public portions Premises, including all improvements, fixtures and furnishings therein, and the floor or floors of the Building on which the Premises are located, in accordance with good order, repair and condition at all times during the standards Lease Term. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject to the prior approval of Class A office buildings in the central business district Landlord, and within any reasonable period of the City of Detroittime specified by Landlord, including but not limited promptly and adequately repair all damage to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, the fire and life safety systems, mechanical, HVAC, plumbing and electrical equipment servicing the Premises and the Building replace or repair all damaged, broken, or worn fixtures and the common areas servicing the Development, in good order and condition as reasonably determined by Landlord and the cost shall be included in Expensesappurtenances, except for damage caused by ordinary wear and tear or beyond the repairs due reasonable control of Tenant; provided however, that, Landlord shall have the exclusive right, at Landlord's option, but not the obligation, to fire and other casualties (to the extent the cost of make such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenantreplacements, which and Tenant shall pay to Landlord in fullthe cost thereof, including Landlord's standard, reasonable fee for its involvement with such repairs and replacements, promptly upon being billed for same. Landlord may, but shall not be responsible required to, enter the Premises at all reasonable times, upon reasonable prior notice to supply and pay for the replacement of lighting ballasts and light bulbsTenant, and fluorescent tubes except in the Building; providedcase of an emergency, howeverto make such repairs, Tenant shall be responsible alterations, improvements or additions to pay the cost of replacement of light bulbs and fluorescent tubes Premises or to the Project or to any equipment located in the Premises.
(b) Subject Project as Landlord shall desire or deem necessary or as Landlord may be required to the provisions of Section 7(a) hereof and the other provisions of this Lease, Tenant shall keep the Premises and every part thereof in good condition and repair, reasonable wear and tear and damaged caused do by Landlord governmental or resulting from Landlord’s default under this Lease exceptedquasi-governmental authority or court order or decree. Except as otherwise set forth in this Lease, Tenant hereby waives any and all rights to make repairs at under and benefits of subsection I of Section 1932 and Sections 1941 and 1942 of the expense of Landlord California Civil Code or in lieu thereof to vacate the Premises except as provided by under any similar law, statute statute, or otherwise ordinance now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for any repairs to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereunder.
Appears in 1 contract
Samples: Office Lease (Corgentech Inc)
Repairs. (a) Landlord shall maintainThe premises have been inspected by Lessee and by entry hereunder Lessee accepts the premises as being in good, sanitary order, condition and repair. Lessee shall, at Lessee's sole cost and expense, at all times keep the premises neat, clean, sanitary, and in a timely manner, the public portions good condition and state of the Building in accordance with the standards of Class A office buildings in the central business district of the City of Detroit, including but not limited repair. Lessee's duty to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, the fire and life safety systems, mechanical, HVAC, plumbing and electrical equipment servicing the Premises and the Building and the common areas servicing the Development, in good order and condition as reasonably determined by Landlord and the cost repair shall be included in Expenses, except for the repairs due to fire and other casualties (to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for include without limitation the replacement of lighting ballasts glass of all windows and light bulbsdoors as may become cracked or broken, and fluorescent tubes in the Building; provided, however, Tenant shall be responsible to pay the cost of replacement of light bulbs and fluorescent tubes in the Premises.
(b) Subject to the provisions of Section 7(a) hereof and the other provisions of this Lease, Tenant shall keep the Premises and every part thereof in good condition and repair, except for reasonable wear and tear and damaged caused damage by Landlord fire or resulting from Landlord’s default under this Lease exceptedother unavoidable casualty, shall at all times preserve the premises in as good repair as they now are or may hereafter be put. Except as otherwise set forth in this Lease, Tenant Lessee hereby waives all rights to make any repairs at the expense of Landlord or in lieu thereof to vacate the Premises except Lessor as may be provided by law, statute or otherwise now ordinance nor or hereafter in effect. All repairs made Lessee's responsibility to repair shall not include the roof, or the structural portions of exterior walls and foundation, unless the need for repair for these items results or arises from negligence of Lessee, his agents or employees, or as a result of illegal entry by employee's or on behalf agents or disgruntled ex-employees of Tenant shall be made Lessee. It is specifically understood and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord agreed that Lessor has no obligation and has made no promise promises to alter, remodel, improve, repair, decorate or paint the Premises premises or any part thereof hereof and that no representations respecting the condition of the Premises premises or the Building building of which the premises are a part have been made by Landlord Lessor to Tenant Lessee except as expressly specifically herein set forth hereinforth. Tenant will pay for any repairs Lessee shall upon the expiration or sooner termination of this Lease, quit and surrender the premises to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted Lessor without notice in the Building or the Development by Tenantsame condition as when received, unless the same are covered by the insurance carried or required ordinary wear and tear excepted, and in a neat, broom-clean condition delivering up to be carried by Landlord hereunderLessor all keys belonging to said premises.
Appears in 1 contract
Repairs. (a) Landlord Tenant shall maintain, in a timely manner, the public portions take good care of the Building in accordance with the standards of Class A office buildings in the central business district of the City of Detroit, including but not limited to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, the fire and life safety systems, mechanical, HVAC, plumbing and electrical equipment servicing the Demised Premises and shall at its sole cost make all repairs and replacements to repair damage or injury done to the Demised Premises or the Building and the common areas servicing the Development, in good order and condition as reasonably determined caused by Landlord and the cost shall be included in Expenses, except for the repairs due to fire and other casualties (to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord its officers, employees, agents, invitees or contractors or as the result of moving in fullor out of the Building or the installation or removal of furniture, fixtures, or other property. Landlord All such repairs and replacements shall be responsible in quality equal to supply the original work and pay for the replacement of lighting ballasts and light bulbsinstallations, shall be made by Landlord at Tenant’s expense, and fluorescent tubes in the Building; shall be made by a contractor acceptable to Landlord, provided, however, that Tenant shall not be required to make any structural repairs or structural replacements unless occasioned by acts or omissions of Tenant, its officers, employees, agents, invitees or contractors. All normal repairs reasonably determined by Landlord to be necessary to maintain the Demised Premises and Building in a tenantable condition (other than repairs required to be made at Tenant’s expense as provided above) shall be done by or under the direction of Landlord and at its expense except as otherwise provided herein, provided, however, that Landlord shall not be obligated to make any such repair until a reasonable period of time after written notice from Tenant and, provided further, that Tenant shall be responsible to pay the maintain and repair, at its sole cost of replacement of light bulbs and fluorescent tubes expense, any special air-conditioning or other equipment, whether or not installed or paid for by Landlord, installed in the Demised Premises or elsewhere in the Building which serves only the Demised Premises.
(b) Subject . Tenant’s obligation to the provisions of Section 7(a) hereof pay Rent and the other comply with all provisions of this Lease, Tenant Lease shall keep not be affected or reduced because of the Premises and every part thereof in good condition and repair, reasonable wear and tear and damaged caused making of repairs by Landlord or resulting from Landlord’s default under this Lease excepted. Except as otherwise set forth in this Lease, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed pursuant to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for any repairs to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereunderSection 11.
Appears in 1 contract
Samples: Office Lease (Combinatorx, Inc)
Repairs. (a) Landlord shall maintainkeep the exterior, in a timely mannerfoundations, the public portions of the Building in accordance with the standards of Class A office buildings in the central business district of the City of Detroitstructure, roof, all common areas (including but not limited to any lobbies, stairs, elevators, corridors parking and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, the fire and life safety systems, mechanicaldriveway), HVAC, plumbing and electrical equipment servicing systems located on the Premises and exterior of the Building and the common areas servicing the Development, building in good order and condition as reasonably determined by Landlord and the cost shall be included in Expensesrepair, except for the repairs due to fire and other casualties (subject to the extent the cost of such repairs are covered by insurance proceeds) reimbursement as Operation and for the repair of damages occasioned by the acts or omissions of TenantMaintenance Costs pursuant to Paragraph 8, which Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, however, Tenant that Lessee shall be responsible to pay maintain the cost plumbing, heating, air conditioning and electrical systems which are physically located within the confines of replacement of light bulbs and fluorescent tubes in the Premises., provided that the systems are properly installed and operating at the time of possession by Lessee, and replace/repair all broken glass, door windows, etc
(b) Subject Except as Landlord is obligated for repairs as provided hereinabove, Lessee shall make, at its sole cost and expense, all repairs necessary to maintain the provisions of Section 7(a) hereof Premises and the other provisions of this Lease, Tenant shall keep the Premises and every part thereof the fixtures therein in good condition neat and repairorderly condition. If Lessee, reasonable wear and tear and damaged caused by after receiving written notice from Landlord outlining such repairs that Landlord believes Lessee should make, refuses or resulting from Landlord’s default under this Lease excepted. Except as otherwise set forth in this Lease, Tenant hereby waives all rights neglects to make such repairs or fails to diligently prosecute the same to completion after 30 days of the date that such written notice from Landlord is received, Landlord may make such repairs at the expense of Landlord or in lieu thereof to vacate the Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant Lessee and such expense shall be made and performed in such manner collectible as additional rent.
(c) Landlord may designate, shall not be liable by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material reason of any injury to or for Tenant in connection interference with such Lessee's business arising from the making of any repairs. Landlord has no obligation and has made no promise to alter, remodelalterations, improve, repair, decorate additions or paint the Premises or any part thereof and no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for any repairs improvements to the Premises or the Building or to any appurtenances or equipment therein. Landlord shall interfere as little as reasonably practicable with the Development made conduct of Lessee's business. There shall be no abatement of rent because of such repairs, alterations, additions or improvements.
(d) In the event of an emergency, Landlord may enter the Premises to make any and all repairs necessary by any negligence or carelessness to preserve and protect the Premises, and the costs and expense of Tenant or its employees or persons permitted such repairs shall be paid as provided in the Building or the Development by Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereunderthis Lease.
Appears in 1 contract
Samples: Lease Agreement (Neogenomics Inc)
Repairs. (a) Landlord shall maintain, maintain in a timely manner, good condition and operating order and keep in good repair and condition the public structural portions of the Building in accordance with the standards of Class A office buildings in the central business district of the City of Detroit, including but not limited to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, including the fire foundation, floor/ceiling slabs, roof structure (as opposed to roof membrane), curtain wall, exterior glass and life safety systemsmullions, columns, beams, shafts (including elevator shafts), stairs, stairwells, elevator cab, men's and women's washrooms, Building mechanical, HVACelectrical and telephone closets, plumbing and electrical equipment servicing the Premises all common and the Building and the common public areas servicing the DevelopmentBuilding, in good order including the parking areas, landscaping and condition as reasonably determined by Landlord exterior Project signage (collectively, "Building Structure") and the cost shall be included Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the "Building Systems") and the Project Common Areas. Notwithstanding anything in Expenses, except for the repairs due to fire and other casualties (this Lease to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, howevercontrary, Tenant shall be responsible required to pay repair the cost of replacement of light bulbs and fluorescent tubes in Building Structure and/or the Premises.
(b) Subject Building Systems to the provisions of Section 7(a) hereof and the other provisions of this Lease, Tenant shall keep the Premises and every part thereof in good condition and repair, reasonable wear and tear and damaged extent caused by Landlord or resulting from Landlord’s default under this Lease excepted. Except as otherwise set forth in this Lease, Tenant hereby waives all rights due to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition Tenant's use of the Premises or the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for any repairs other than normal and customary business office operations, unless and to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are extent such damage is covered by the insurance carried or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). Tenant shall, at Tenant's own expense, keep the Premises, including all improvements, fixtures, equipment, interior window coverings, and furnishings therein, and the floor or floors of the Building on which the Premises is located, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject to the prior approval of Landlord for any repairs reasonably expected to cost more than $5,000 or reasonably expected to impact the Building Structure or Building Systems, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, but not in excess of ten percent (10%) per annum) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times (in accordance with the terms of Article 27 below) to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord shall be performed in a manner so as not to materially interfere with Tenant's use of, or access to, the Premises; provided that, with respect to items (ii) and (iii) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant's use of, or access to, the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect. For the avoidance of doubt, if a particular Building System is beyond its useful life such that it is inoperative or otherwise requires ongoing repairs materially in excess of normal and customary maintenance, Landlord shall replace such Building System (regardless of whether such Building System is shared or exclusively serves the Premises and regardless of whether such Building System was modified as part of the Improvements), and the cost of such replacement shall be included in Operating Expenses (to the extent allowed by Article 4 of this Lease) and amortized pursuant to Section 4.2.4(xiii) of this Lease, subject to the BS/BS Exception.
Appears in 1 contract
Samples: Office Lease (Retrophin, Inc.)
Repairs. Section 11.01 Tenant, at its sole cost and expense, shall take good care of the Premises, including those items and materials remaining in the Premises and delivered in an “AS/IS” condition by the Landlord as of the Delivery Date, and Tenant’s Property and the Fixtures therein and the Rooftop Facilities. Tenant shall notify Landlord of any need for repair of the Building Equipment in the Premises which is reasonably observable by Tenant, unless such repair is Tenant’s responsibility under the next sentence. Tenant, at its sole cost and expense, shall make and be responsible for all repairs, as and when needed to preserve the non-structural portions of the Premises (including those items and materials remaining in the Premises and delivered in an “AS/IS condition by the Landlord as of the Delivery Date) and Tenant’s Property and the Fixtures therein and the Rooftop Facilities in good working order and condition, to the extent the need for which arises out of (a) Landlord shall maintainthe installation, in a timely manneruse, existence or operation of Tenant Improvements, the public portions remaining “AS/IS” items and materials, Tenant’s Property or Fixtures, (b) the moving of Tenant’s Property or Fixtures in or out of the Building or the Premises, (c) the acts, omissions, negligence or misuse of Tenant or any of its subtenants or any of its or their employees, agents, contractors, licensees or invitees or their use or occupancy or manner of use or occupancy of the Premises otherwise than in accordance with the standards terms of Class A office buildings in the central business district of the City of Detroitthis Lease (except fire or other casualty caused by Tenant’s negligence but as t this exception only, including but not limited to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, the fire and life safety systems, mechanical, HVAC, plumbing and electrical equipment servicing the Premises and the Building and the common areas servicing the Development, in good order and condition as reasonably determined by Landlord and the cost shall be included in Expenses, except for the repairs due to fire and other casualties (to the extent the cost of such repairs insurance proceeds are covered by insurance proceedsseparately paid to Landlord); or (d) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, however, Tenant shall be responsible to pay the cost of replacement of light bulbs and fluorescent tubes in the Premises.
(b) Subject to the provisions of Section 7(a9.01A. Tenant, at its sole cost and expense, shall promptly repair or replace scratched, damaged or broken doors, and interior glass installed by Tenant, in and about the Premises and shall be responsible for all repairs and maintenance of wall and floor coverings in the Premises. Tenant shall promptly make, at its sole cost and expense, (i) hereof all repairs in or to the Premises for which it is responsible, and (ii) all repairs to the other provisions Building Equipment to the extent caused by the acts, omissions, negligence or misuse of Tenant or any of its subtenants or any of its or their employees, agents, contractors, licensees or invitees or their use or occupancy or manner of use or occupancy of the Premises otherwise than in accordance with the terms of this Lease, Tenant shall keep the Premises and every part thereof in good condition and repair, reasonable wear and tear and damaged caused by Landlord or resulting from Landlord’s default under this Lease excepted. Except as otherwise set forth in this Lease, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance conformity with the Rules relating thereto annexed provisions of Article 10, and shall be at least equal in quality and class to this Lease as Exhibit “E” hereto and all lawsthe original work or installation or the then standards for the Building reasonably established by Landlord. However, ordinances and regulations. Tenant shall provide not be responsible for reasonable wear and tear or for repairs which are Landlord’s obligation to make under Section 11.02 below, or subject to Section 8.02 above, or resulting from the acts, omissions, violations of Legal Requirements, breach of this Lease, negligence or willful act of Landlord with unconditional lien waivers from all or any of its agents, contractors, subcontractors and materialmen providing services employees or furnishing material others for whose conduct Landlord is legally responsible.
Section 11.02 Landlord shall, at its expense, make or cause to or for Tenant in connection with such repairs. Landlord has no obligation and has be made no promise all necessary repairs to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition of the Premises or keep the Building have been made by and the Building Equipment in good order and repair excluding, however, (a) repairs of Tenant’s Property or Tenant Improvements or Tenant’s Rooftop Facilities; and (b) repairs which Tenant is obligated to make pursuant to Section 11.01 and the other terms of this Lease. To the extent Landlord to Tenant except as expressly set forth herein. Tenant will pay is responsible for any repairs to the Premises roof, and as a result of Landlord’s willful disregard or negligence in making any such repairs water penetration occurs into the Building or Premises, and after specific written notice to Landlord of its intent, and if after a period of seven (7) business days from said written notice the Development made water penetration continues, then, in addition to (but not duplicative of) the remedy set forth in Section 19.02 herein below, Tenant shall be entitled to effectuate such repairs as are reasonably necessary by any negligence or carelessness of Tenant or its employees or persons permitted in to prevent further water penetration into the Building or the Development by TenantPremises, unless and shall be reimbursed for the same are covered by the insurance carried or required to be carried by Landlord hereunderLandlord.
Appears in 1 contract
Samples: Lease Agreement (Carbonite Inc)
Repairs. (a) Landlord shall maintain, in a timely manner, use commercially reasonable efforts to keep the public portions Common Areas of the Building and the Project in accordance with the standards a clean and neat condition. Subject to subparagraph (b) below, Landlord shall make all necessary repairs, within a reasonable period following receipt of Class A office buildings in the central business district notice of the City of Detroitneed therefor from Tenant, including but not limited to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations exterior doors and structure itself windows of the Building, the fire and life safety systems, mechanical, HVAC, plumbing and electrical equipment servicing the Premises and the Building and the common areas servicing the Development, in good order and condition as reasonably determined by Landlord and the cost shall be included in Expenses, except for the repairs due to fire public corridors and other casualties (to public areas of the extent the cost Project not constituting a portion of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbsany tenant's premises, and fluorescent tubes shall use commercially reasonable efforts to keep all Building standard equipment used by Tenant in the Building; provided, however, Tenant shall be responsible to pay the cost of replacement of light bulbs and fluorescent tubes in the Premises.
(b) Subject to the provisions of Section 7(a) hereof and the common with other provisions of this Lease, Tenant shall keep the Premises and every part thereof tenants in good condition and repair, reasonable wear and tear and damaged caused by excepted. Landlord or resulting from Landlord’s default under this Lease exceptedshall, however, provide janitorial services to the Premises. Except as otherwise set forth provided in this LeaseParagraph 9, there shall be no abatement of Rent and Landlord shall not be liable for any injury to, or damage suffered by Tenant, including without limitation, interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Premises, the Building or the Project. Tenant hereby waives all rights the right to make repairs at Landlord's expense under Sections 1941 and 1942 of the expense of Landlord California Civil Code, and under all other similar laws, statutes or in lieu thereof to vacate the Premises except as provided by law, statute or otherwise ordinances now or hereafter in effect.
(b) Tenant, at its expense shall keep the Premises and all fixtures contained therein in a safe, clean and neat condition, reasonable wear and tear excepted. All In that regard, Tenant shall be responsible for making at Tenant's sole cost and expense all repairs made and replacements to the Premises, except as otherwise provided herein. In connection with any work required to be performed at the expense of Tenant, Tenant shall use contractors selected by Landlord of all facilities located in the Premises, including, without limitation, lavatory, shower, toilet, wash basin and kitchen facilities, and heating and air conditioning systems (including all plumbing connected to said facilities or systems installed by or on behalf of tenant or existing in the Premises at the time of Landlord's delivery of the Premises to Tenant). Tenant shall make all repairs and replacements to the Premises using materials of equal or better quality than that repaired or replaced. Tenant shall do all decorating, remodeling, alteration and painting required by Tenant during the term of this Lease.
(c) Upon the expiration or earlier termination of this Lease, Tenant shall surrender the Premises in a safe, clean and neat condition reasonable wear and tear excepted; in the event that Tenant defaults with respect to this provision, in addition to any and all other remedies of Landlord, Landlord may use, apply or retain all or any part of any Security Deposit with respect to such default. Tenant shall remove from the Premises all trade fixtures (which are not required to be surrendered with the Premises pursuant to the provisions of Paragraph 4(b) hereof), furnishings and other personal property of Tenant, shall repair all damage caused by such removal, and shall restore the Premises to its original condition, reasonable wear and tear excepted. In addition to all other rights Landlord may have, in the event Tenant does not so remove any such fixtures, furnishings or personal property, Tenant shall be made and performed deemed to have abandoned the same, in such manner as which case Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for any repairs to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless store the same are covered by at Tenant's expense, appropriate the insurance carried or required to be carried by Landlord hereundersame for itself, and/or sell the same in its discretion.
Appears in 1 contract
Samples: Lease (Keith Companies Inc)
Repairs. 7.1 Tenant shall, at its sole cost and expense, make such repairs to the demised premises and the fixtures and appurtenances therein as are necessitated by the act, omission, occupancy or negligence of Tenant or by the use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, as and when needed to preserve them in good working order and condition subject to normal wear and tear and damage by fire or other casualty. Except as otherwise provided in Section 9.8 hereof, all damage or injury to the demised premises and to its fixtures, appurtenances and equipment or to the A/B Building or to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the A/B Building or by installation or removal of furniture, fixtures or other property by or on behalf of Tenant, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the original work or installations. If Tenant (ai) fails to make such repairs, restoration or replacements, within ten (10) days after Landlord gives Tenant notice of the necessity thereof or (ii) fails to commence within said period and fails to thereafter diligently and continuously prosecute to completion all steps necessary to remedy the same and to complete such remedy within such time after the date of the giving of said notice of Landlord as shall be necessary as reasonably determined by Landlord, but for a period not longer than thirty (30) days, the same may be reasonably made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within thirty (30) days after rendition of a bill xxxrefor. The exterior walls of the A/B Building, the portions of any windowsills outside the windows, and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the A/B Building, provided, however, Landlord shall maintainuse all reasonable efforts not to interfere with the views and exposure from the demised premises, unless such interference is necessitated by an event of force majeure or Legal Requirements.
7.2 Tenant shall not place a load upon any floor of the demised premises exceeding fifty (50) pounds per useable square foot live load, and if Tenant shall desire a floor load in excess of such floor load, Landlord agrees to strengthen and reinforce the same so as to give the live load desired, provided, (i) Tenant shall submit to Landlord the plans showing the locations of and the desired floor live load for the areas in question, (ii) Tenant shall agree to pay for or reimburse Landlord on demand for the cost of such strengthening and reinforcement as well as any other costs to and expenses of Landlord occasioned by or resulting from such strengthening or reinforcement, (iii) Landlord's architects, in a timely mannertheir sole reasonable discretion, find that the public portions work necessary to increase such floor load does not adversely affect the structure of the A/B Building, and (iv) such work will not interfere with the amount or availability of any space adjoining alongside, above or below the demised premises, or interfere with the occupancy of other tenants in the A/B Building.
7.3 Landlord shall exercise reasonable diligence in the making of any repairs, alterations, additions or improvements so as to minimize any interference with Tenant's business operations, but shall not be required to perform the same on an overtime or premium pay basis.
7.4 Landlord shall, at its expense (subject to reimbursement as set forth in Article 4 hereof) keep and maintain the Common Areas and the A/B Building in good condition and repair in accordance with the standards of Class A appropriate to a first class office buildings building in Westchester County, New York, and make all repairs, structural and otherwise, interior and exterior, as and when needed in or about the central business district of the City of Detroit, including but not limited to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, the fire and life safety systems, mechanical, HVAC, plumbing and electrical equipment servicing the Premises and the Building and the common areas servicing the Development, in good order and condition as reasonably determined by Landlord and the cost shall be included in Expensesdemised premises, except for the those repairs due to fire and other casualties (to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord in full. Landlord shall be is responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, however, Tenant shall be responsible to pay the cost of replacement of light bulbs and fluorescent tubes in the Premises.
(b) Subject pursuant to the provisions of Section 7(a) hereof and the other provisions of this Lease, Tenant shall keep the Premises and every part thereof in good condition and repair, reasonable wear and tear and damaged caused by Landlord or resulting from Landlord’s default under this Lease excepted. Except as otherwise set forth in this Lease, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for any repairs to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereunder.
Appears in 1 contract
Samples: Lease Agreement (Interliant Inc)
Repairs. (a) Landlord shall maintain, in a timely manner, the public portions of the Building in accordance with the standards of Class A office buildings in the central business district of the City of Detroit, including but not limited Tenant agrees to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, the fire and life safety systems, mechanical, HVAC, plumbing and electrical equipment servicing the Premises and the Building and the common areas servicing the Development, in good order and condition as reasonably determined by Landlord and the cost shall be included in Expenses, except for the repairs due to fire and other casualties (to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, however, Tenant shall be responsible to pay the cost of replacement of light bulbs and fluorescent tubes in keep the Premises.
(b) Subject to the provisions of Section 7(a) hereof and the other provisions of this Lease, Tenant shall keep the Premises each and every part thereof thereof, and any and all appurtenances thereto save the roof and exterior walls (excepting therefrom the interior faces thereof, any glazing, show windows, doors and other entrances, frames for any of the foregoing and storefronts) and likewise including said excepted items, in good condition and repairrepair during the term of the Lease, reasonable ordinary wear and tear and damaged caused by Landlord or resulting from Landlord’s default under this Lease alone excepted. Except as otherwise set forth in this Lease, Tenant hereby waives expressly waiving all rights to make repairs at the expense of Landlord as provided for in any statute or law in lieu effect at the time of execution of this Lease or any amendment thereof or any other statute or law which may be hereafter passed during the term of this Lease, and agrees upon the expiration of the term of this Lease or sooner termination hereof to vacate surrender unto Landlord the Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for any repairs to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development same condition as received and improved by Tenant, unless ordinary wear and tear and damage thereto by fire, earthquake, act of God or the same are covered elements alone excepted. If Tenant fails to make said repairs in a <Initials> 7 <Initials> reasonable time period and manner, Landlord may make said repairs at Tenant’s expense, provided that Landlord gives Tenant ten (10) days notice before the start of making repairs and Tenant shall reimburse Landlord within ten (10) days after receipt by Tenant of a xxxx therefore, including a charge equal to five percent (5%) of cost for overhead. Notwithstanding the insurance carried or required to foregoing, Landlord shall deliver the Premises in clean broom swept condition, free of all hazardous materials and in safe and tenantable condition. Landlord shall be carried by Landlord hereunderresponsible for the repair of latent defects, if any, in the structure of the Building.
Appears in 1 contract
Samples: Commercial Lease (Nara Bancorp Inc)
Repairs. (a) Landlord A. Subtenant shall maintainpromptly make all repairs and alterations to the Demised Premises which may be required as a result of repairs, in a timely manneralterations, other improvements or installations made by Subtenant, anyone claiming under Subtenant or the public portions agents of any of them.
B. If Subtenant shall give Sublessor notice of the need for any repair or alteration to the Demised Premises which is required to be made by Parent Landlord, pursuant to the Parent Lease, Sublessor shall promptly give Parent Landlord notice of the need for such repair or alteration and shall cooperate with Subtenant to enforce said repair or alteration obligation of Parent Landlord.
C. Notwithstanding Sublessor’s obligations under the Parent Lease, except for Sublessor’s obligations set forth in this Sublease, Subtenant will, throughout the term of this Sublease, be responsible to keep and maintain only the interior of the Demised Premises and all fixtures and equipment located therein (exclusive of any Building in accordance with the standards of Class A office buildings systems or structural components) clean, safe and in the central business district of the City of Detroit, including but not limited to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, the fire and life safety systems, mechanical, HVAC, plumbing and electrical equipment servicing the Premises and the Building and the common areas servicing the Development, in good same (or better) working order and condition as reasonably determined by Landlord and existed on the cost shall be included in Expenses, except for the repairs due to fire and other casualties (to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, however, Tenant shall be responsible to pay the cost of replacement of light bulbs and fluorescent tubes in the Premises.
(b) Subject to the provisions of Section 7(a) hereof and the other provisions of this Lease, Tenant shall keep the Premises and every part thereof in good condition and repairCommencement Date, reasonable wear and tear excepted, and damaged caused by Landlord or resulting from Landlord’s default under this Lease excepted. Except as otherwise set forth in this Lease, Tenant hereby waives make all rights to make necessary repairs at the expense of Landlord or in lieu thereof to vacate the Premises except as provided by law, statute or otherwise now or hereafter in effectthereto. All repairs made by or on behalf required of Tenant Subtenant in connection herewith shall be made done in a good and performed workmanlike manner in such manner as Landlord may designatecompliance with all applicable laws and the terms and conditions of this Sublease. All maintenance, by contractors or mechanics reasonably approved by Landlord repairs, and in accordance with the Rules relating thereto annexed replacements that are not Subtenant’s responsibility pursuant to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant Section 14(C) shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant be Sublessor’s responsibility except as expressly set forth herein. Tenant will pay for any repairs to the Premises or extent that such maintenance, repairs, and replacement obligations are Parent Landlord’s responsibility under the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereunderParent Lease.
Appears in 1 contract
Repairs. (a) Landlord shall maintain, maintain in a timely manner, good operating order and keep in good repair and condition the public structural portions of the Building in accordance with the standards of Class A office buildings in the central business district of the City of Detroit, including but not limited to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, including, without limitation, the fire foundation, floor/ceiling slabs, roof, curtain wall, exterior glass and life safety systemsmullions, columns, beams, shafts (including elevator shafts), stairs, parking areas, landscaping, fountains, water falls, exterior Project signage, stairwells, elevator cabs, plazas, art work, sculptures, men’s and women’s washrooms, building mechanical, HVACelectrical and telephone closets, plumbing and electrical equipment servicing all common and public areas (collectively, “Building Structure”) and the mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant, its partners, subpartners and their respective officers, agents, servants, employees, and independent contractors, are not located in the Premises, and/or do not exclusively service the Premises and (collectively, the “Building and the common areas servicing the Development, Systems”). Notwithstanding any provision in good order and condition as reasonably determined by Landlord and the cost shall be included in Expenses, except for the repairs due to fire and other casualties (this Lease to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, howevercontrary, Tenant shall be responsible required to pay Landlord directly for the cost of replacement of light bulbs and fluorescent tubes in the Premises.
(b) Subject any repair to the provisions Building Structure and/or the Building Systems to the extent required because of Section 7(a) hereof and the other provisions of this Lease, Tenant shall keep the Premises and every part thereof in good condition and repair, reasonable wear and tear and damaged caused by Landlord or resulting from LandlordTenant’s default under this Lease excepted. Except as otherwise set forth in this Lease, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition use of the Premises or for other than the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for any repairs normal and customary business office operations, unless and to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are extent such damage is covered by the insurance carried or required to be carried by Landlord hereunderpursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the “BS/BS Exception”). Tenant shall, at Tenant’s own expense, pursuant to the terms of this Lease, including without limitation Article 8 hereof, keep the Premises, including all improvements, fixtures and furnishings therein, all systems and equipment therein, and the floor or floors of the Building on which the Premises are located (collectively, the “Maintenance Items”), in good order, repair and condition at all times during the Lease Term (but such obligation shall not extend to the Building Structure and the Building System except pursuant to the BS/BS Exception). Tenant agrees to repair any damage to the Premises, Building or Project caused by or in connection with Tenant’s use thereof, or the use of Tenant’s agents or employees, or the removal of any articles of personal property, business or trade fixtures, machinery, equipment, cabinetwork, furniture, movable partitions or permanent improvements or additions, including repairing the floor and patching and painting the walls where required by Landlord to Landlord’s reasonable satisfaction, all at the Tenant’s sole cost and expense. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within a commercially reasonable period of time specified by Landlord, pursuant to the terms of this Lease, including without limitation Article 8 hereof, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances and/or Maintenance Items (but such obligation shall not extend to the Building Structure and the Building System except pursuant to the BS/BS Exception), except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant. In addition, Tenant covenants and agrees that Tenant shall, at Tenant’s sole cost, maintain all Maintenance Items in accordance with specifications set forth in their respective then currently updated operating manuals and shall, upon request from Landlord, provide certifications or other documentation acceptable to Landlord that the such Maintenance Items have been and are being maintained to such operating manual specifications; provided however, that, at Landlord’s option, or if Tenant fails to make such repairs and/or maintain any Maintenance Items as required herein, Landlord may, but need not, make such repairs and replacements or perform such maintenance and/or contract with a service provider to perform such maintenance on a regular basis, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements or maintenance forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable notice to Tenant to perform maintenance on and make repairs to the Premises as described in the preceding sentence, or to make such repairs, alterations, improvements or additions to the Project or to any equipment located in the Project as Landlord shall reasonably desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives the right to make repairs at Landlord’s expense under the provisions of any laws permitting by a tenant at the expense of Landlord to the extent allowed by law, in that Landlord and Tenant have by this Lease made specific provision for such repairs and have defined their respective obligations relating thereto and Tenant expressly waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.
Appears in 1 contract
Repairs. (a) Landlord shall maintain, in a timely manner, the public portions of the Building in accordance with the standards of Class A office buildings in the central business district of the City of Detroit, including but not limited to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, the fire and life safety systems, mechanical, HVAC, plumbing and electrical equipment servicing the Premises and the Building and the common areas servicing the Development, in good order and condition as reasonably determined by Landlord and the cost shall be included in Expenses, except for the repairs due to fire and other casualties (to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord in fullSection 14.01. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, however, Tenant shall be responsible to pay the cost of replacement of light bulbs and fluorescent tubes in the Premises.
(b) Subject to the provisions of Section 7(a) hereof and the other provisions of this Lease, Tenant shall keep the Premises and every part thereof in good condition and repairrepair at all times during the Term and at Tenant's sole cost and expense. If Tenant falls to make such repairs promptly, reasonable wear Landlord, at its option, may make such repairs, and tear and damaged caused by Tenant shall pay Landlord or resulting from on demand Landlord’s default under this Lease excepted's actual costs in making such repairs plus fifteen percent (15%) for Landlord's overhead. Except as otherwise set forth in this LeaseNotwithstanding the foregoing, Tenant hereby waives all rights shall have no obligation to make repairs at maintain or repair any portion of the expense Building which is not part of the Premises; provided, however, that Tenant shall reimburse Landlord for any actual costs incurred for maintenance or in lieu thereof repair of any such portion of the Building if such maintenance or repair is necessitated by the negligent acts or omissions of Tenant plus fifteen percent (15%) for Landlord's overhead. At the end of the Term, Tenant shall surrender to vacate Landlord the Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all lawsalterations, ordinances additions and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material improvements thereto subject to or for Tenant in connection with such repairsthe provisions of Article 20 hereof. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate redecorate, or paint the Premises or any part thereof and no thereof, except as specifically set forth in this Lease. No representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as expressly specifically set forth herein. Tenant will pay for any repairs in this Lease.
(a) Subject to the Premises or the Building or the Development made necessary by any negligence or carelessness other provisions of Tenant or its employees or persons permitted this Lease imposing obligations in the Building or the Development by this respect upon Tenant, unless and subject to the provisions of Articles 16 and 17 hereof, Landlord shall repair, replace, and maintain (i) the external and structural parts of the Building, and (ii) all common and public areas of the Building.
(b) Nothing contained in this Section 14.02 shall preclude Landlord from including in Basic Costs (pursuant to Sections 6.02 and 6.03) any of the costs and expenses referred to herein to the extent the same are covered by within the insurance carried or required to be carried by Landlord hereunderdefinition of Basic Costs.
Appears in 1 contract
Repairs. In connection herewith, the Landlord represents (ai) Landlord The property shall maintain, be maintained consistent with generally accepted practices associated with a first class research and development building (ii) it shall provide snow plowing for the parking areas (iii) it shall remove snow and ice from walkways (iv) it shall provide landscaping services so that the property is maintained in a timely mannerneat and clean condition. The same, however, shall be deemed a common area maintenance charge subject to inclusion as Additional Rent. From and after the commencement of and during the Term, the public portions of Tenant shall, at its own cost and expense: make all other repairs, non-structural, interior and exterior, necessary to keep the Building in accordance with the standards of Class A office buildings in the central business district of the City of DetroitPremises, including but not limited to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, the fire and life safety all electrical other than common systems, mechanical, HVACheating, ventilating and air conditioning (including any roof top unit), plumbing (other than in common areas) and electrical equipment servicing other building systems [excluding sewer and gas systems and all capital repairs and replacements] serving the Premises and the Building and the common areas servicing the DevelopmentPremises, in as good condition, order and condition repair as reasonably determined by Landlord and the cost shall same are at the commencement of the Term or thereafter may be included in Expenses, except for the repairs due to fire and other casualties (to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, however, Tenant shall be responsible to pay the cost of replacement of light bulbs and fluorescent tubes in the Premises.
(b) Subject to the provisions of Section 7(a) hereof and the other provisions of this Lease, Tenant shall keep the Premises and every part thereof in good condition and repairput, reasonable wear and tear and damaged use, damage by fire or other casualty caused by the Landlord or resulting and repairs which are expressly the obligation of the Landlord hereunder only excepted (it being understood, however, that the foregoing exception for reasonable wear and use shall not relieve the Tenant from Landlord’s the obligation to keep the Premises in good order, repair and condition). If the Landlord shall fail to cure any default by the Landlord in its obligations under this Lease excepted. Except Paragraph 10, thirty (30) days after notice from the Tenant to the Landlord of such default (or, in the event of imminent danger of injury to persons or damage to property, after telephone notice of such default) or to commence such cure and diligently prosecute the same to completion, in the absence of any Terminable Default on the part of the Tenant hereunder, the Tenant may, at its option, cure such default for the Landlord's account as otherwise set forth was specified in such notice, in which event the Tenant may offset against the Basic Rent next accruing under this Lease, Tenant hereby waives all rights cumulatively until exhausted, the reasonable costs and expenses it can demonstrate were incurred in good faith in the cure of such default plus interest thereon at the Lease Interest Rate, but in no event shall any such offset reduce the amount of Basic Rent payable below the amount from time to time necessary for the Landlord to make repairs at payments of principal, interest and other expenses payable under any first Mortgage perfected against the expense Premises, including any real estate taxes or other expenses which are or could become a lien upon the Premises, except to the extent such taxes and other expenses are actually paid by the Tenant. The Landlord shall provide the Tenant with evidence of such payments as the Tenant may reasonably require. Notwithstanding the foregoing, if the Landlord disputes the Tenant's allegation of default or the Tenant's right to take any action under this paragraph, any action taken by the Tenant under this paragraph or the costs and expenses incurred in lieu thereof any action taken by the Tenant under this paragraph, shall not afford the Tenant the right to vacate offset any amounts due the Premises except Landlord until (i) the parties in good faith attempt to meet and resolve any such dispute within 10 days after notice from the Landlord to the Tenant or within ten days after the 30-day period, or telephone notice specified above, whichever first occurs; or (ii) determination of such dispute by a court of appropriate jurisdiction. Notwithstanding anything to the contrary as provided by lawcontained in this Paragraph, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant the Landlord shall be made solely and performed exclusively liable for all repairs and replacements which are capital in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for any repairs to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereundernature.
Appears in 1 contract
Repairs. 10.01 Except as otherwise provided in this Section 10, Tenant agrees at its own expense to keep the Improvements, including all structural, electrical, mechanical and plumbing systems at all times in good appearance and repair except for reasonable and normal wear and tear. Tenant will also pay all other expenses in connection with the maintenance of the Premises including repair and upkeep of grounds, sidewalks, driveways and parking areas in a first class condition.
10.02 Notwithstanding any other provision of this Lease, from and after the date Tenant takes occupancy of the Premises any repairs, additions or alterations to the improvements or any of its systems (ae.g., plumbing, electrical, mechanical) structural or non-structural, which are required by any law, statute, ordinance, rule, regulation or governmental authority or insurance carrier, including, without limitation, OSHA, will be the obligation of Tenant. Provided, however, that Tenant shall not be responsible for any repairs, additions or alterations to the building or any of its systems (e.g. plumbing, electrical, mechanical) structural or non-structural which are required by any law, statute, ordinance rule, regulation or governmental authority or insurance carrier, including without limitation, OSHA if a violation or noncompliance existed at the time Tenant took occupancy of the Premises, in which case Landlord shall maintainbe responsible for the repairs, additions or alterations as required.
10.03 Tenant acknowledges that he has examined the Premises prior to the making of this Lease, that he knows the condition thereof, that no representations as to the condition of the state of repairs thereof have been made by Landlord or Landlord's agent which are not expressly set forth herein, and that except as otherwise specifically set forth herein, Tenant hereby accepts the Premises in a timely mannertheir present condition at the date of execution of this Lease. Anything contained herein to the contrary notwithstanding, the public portions of the Building in accordance with the standards of Class A office buildings in the central business district of the City of Detroit, including but not limited to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, the fire and life safety systems, mechanical, HVAC, plumbing and electrical equipment servicing the Premises and the Building and the common areas servicing the Development, at 0000 Xxxxxxxxx Xxxxx shall be in good order and condition as reasonably determined by Landlord and repair upon the cost shall be included in Expenses, except for the repairs due date occupancy is delivered to fire and other casualties (to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which . Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, however, Tenant shall be responsible to pay the cost of replacement of light bulbs and fluorescent tubes in the Premises.
(b) Subject to the provisions of Section 7(a) hereof and the other provisions of this Lease, Tenant shall keep will inspect the Premises at 0000 Xxxxxxxxx Xxxxx prior to occupancy to assure that the facilities and every part thereof equipment are in good condition and repairLandlord will agree to repair facilities or equipment reasonably identified as substandard. Landlord shall not be required to replace carpeting or repaint provided the walls and floors are in good condition, reasonable wear and tear and damaged caused by Landlord or resulting from Landlord’s default under this Lease excepted. Except as otherwise set forth in this Lease, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for any repairs to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereunder.
Appears in 1 contract
Samples: Net Lease (Axsys Technologies Inc)
Repairs. Section 7.01 Subject to the terms of this Sublease, Subtenant shall, at its sole cost and expense, (ai) Landlord shall maintain, in a timely manner, make such repairs to the public portions of the Building in accordance with the standards of Class A office buildings in the central business district of the City of Detroit, including but not limited to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, the fire and life safety systems, mechanical, HVAC, plumbing and electrical equipment servicing the Premises Leaseback Space and the Building fixtures and appurtenances therein (A) necessitated by the act or omission by Subtenant in violation of Subtenant's obligations under; or by the covenants, terms, provisions or agreements contained in this Sublease or (B) pursuant to Legal Requirements or Insurance Requirements with which Subtenant is obligated to comply pursuant to the covenants, terms, provisions or agreements contained in this Sublease, or (C) necessitated by the negligence of Subtenant, its employees, agents or contractors, and the common areas servicing employees of such agents and contractors (except for damage arising from fire or other casualty as provided in Section 15.01 in this Sublease, but nothing contained herein shall relieve or release Subtenant from its obligations to replace Subtenant's property pursuant to Section 15.01 of this Sublease), and (ii) during such periods as Subtenant shall be operating the Developmentsame, maintain and make such repairs to Subtenant's Systems (hereinafter defined), as and when needed to preserve them in good working order and condition as reasonably determined the same would have been maintained by Landlord owners of First Class Office Buildings. All damage or injury to the Leaseback Space and to its fixtures, appurtenances and equipment, the cost Subtenant's Systems or the Building or to its fixtures, appurtenances and equipment caused by Subtenant moving property in or out of the Building or by installation or removal of furniture, fixtures or other property by, or on behalf of, Subtenant shall be included in Expensesrepaired, except for the repairs due to fire restored or replaced promptly by Subtenant at its sole cost and other casualties (expense. Anything to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenantcontrary provided herein notwithstanding, which Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, however, Tenant shall be responsible to pay the cost of replacement of light bulbs and fluorescent tubes in the Premises.
(b) Subject but subject to the provisions of Section 7(a) hereof and the other provisions 9.03 of this LeaseSublease, Tenant in no event shall keep the Premises and every part thereof in good condition and repair, reasonable wear and tear and damaged caused by Landlord or resulting from Landlord’s default under this Lease excepted. Except as otherwise set forth in this Lease, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant shall Subtenant be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay responsible for any repairs necessitated by the act, omission (in violation of Sublandlord's obligations under, or agreements contained in, this Sublease, the Xxxxxxxxx or pursuant to the Premises Legal Requirements or the Building Insurance Requirements) or the Development made necessary by any negligence or carelessness of Tenant Sublandlord or its employees, agents or contractors (and the employees of such agents and contractors). As used herein, the term "Subtenant's Systems" means all plants, machinery, equipment, trade fixtures and personal property which becomes part of the real property by incorporation therein, including, but not limited to, any ventilating and air conditioning systems, communications and telecommunications apparatus, electrical equipment and all equipment and materials and any ancillary cabling and wiring used in connection therewith or persons permitted in necessary for the Building use thereof, designed or used exclusively for Subtenant's sole use or for systems owned by Subtenant or systems dedicated to Subtenant's sole and exclusive use or which Subtenant has the Development by Tenantexclusive right, unless the same are covered by the insurance carried or required under this Sublease, to be carried by Landlord hereunderoperate.
Appears in 1 contract
Repairs. (a) Landlord shall maintainmake, in a timely mannerat its sole cost and expense, all repairs necessary to maintain the public portions of the Building in accordance with the standards of Class A office buildings in the central business district of the City of Detroitplumbing, including but not limited to any lobbies, stairs, elevators, corridors air conditioning and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, the fire and life safety electrical systems, mechanicalexterior windows, HVAC, plumbing floors (except carpeting) and electrical equipment servicing all other items which constitute a part of the Premises and the Building and the common areas servicing the Development, in good order and condition as reasonably determined are installed or furnished by Landlord and the cost shall be included in Expenses, except for the repairs due to fire and other casualties (to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the BuildingLandlord; provided, however, that Landlord shall not be obligated for any of such repairs until the expiration of a reasonable period of time after written notice from Tenant that such repair is needed. In no event shall Landlord be responsible obligated under this paragraph to pay repair any damage caused by any act, omission, accident or negligence of the cost of replacement of light bulbs and fluorescent tubes in the PremisesTenant or its employees, agents, invitees, licensees, subtenants, or contractors.
(b) Subject to Except as the provisions of Section 7(a) hereof and the other provisions of this LeaseLandlord is obligated for repairs as provided herein above, Tenant shall make at its sole cost and expense all repairs necessary to maintain the Premises and shall keep the Premises and every part thereof the fixtures therein in good condition neat and repair, reasonable wear and tear and damaged caused by Landlord orderly condition. If the Tenant refuses or resulting from Landlord’s default under this Lease excepted. Except as otherwise set forth in this Lease, Tenant hereby waives all rights neglects to make such repairs, or fails to diligently prosecute the same to completion, after written notice from Landlord of the need therefore, Landlord may make such repairs at the expense of Landlord or in lieu thereof to vacate the Premises except as provided by lawTenant and such expense, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant along with a fifteen (15%) percent service charge, shall be made and performed in such manner collectible as additional rent.
(c) Landlord may designateshall not be liable by reason of any injury to or interference with Tenant's business arising from the making of any repairs, by contractors alterations, additions or mechanics reasonably approved by Landlord and improvements in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services Article 17 in or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for any repairs to the Premises or the Building or to any appurtenances or equipment therein. Landlord shall interfere as little as reasonably practicable with the Development made necessary by any negligence conduct of Tenant's business. There shall be no abatement of rent because of such repairs, alterations, additions or carelessness of Tenant or its employees or persons permitted improvements, except as provided in the Building or the Development by Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereunderparagraph 21 hereof.
Appears in 1 contract
Samples: Real Property Lease Agreement (World Health Alternatives Inc)
Repairs. (a) Landlord shall maintainTenant has leased the Demised Premises after a full and complete examination thereof, in a timely manner, and Tenant accepts the public portions of the Building in accordance with the standards of Class A office buildings same “AS IS” in the central business district of physical condition or state in which the City of DetroitDemised Premises now are without any representation or warranty, including but not limited to any lobbiesexpress or implied in fact or by law, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, the fire and life safety systems, mechanical, HVAC, plumbing and electrical equipment servicing the Premises and the Building and the common areas servicing the Development, in good order and condition as reasonably determined by Landlord and the cost shall be included in Expenses, except for the repairs due without recourse to fire and other casualties (Landlord as to the extent the cost physical nature, condition, zoning or other Legal Requirements or usability thereof, and Landlord shall have no obligation to do any work or make any installation, repair or alteration of such repairs are covered by insurance proceeds) any kind to or in respect thereof, other than as may be expressly set forth in this Paragraph and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord in fullExhibit “B” hereof. Landlord shall be responsible to supply and pay liable for the replacement of lighting ballasts and light bulbsany latent, and fluorescent tubes patent, or any other defects in the Building; providedDemised Premises. Landlord shall not be required to make any repairs or improvements of any kind upon or to the Demised Premises, howeverexcept for necessary repairs to the foundations, Tenant shall be responsible downspouts, gutters and roof thereof and structural repairs to pay the cost exterior and interior of replacement the building (excluding the storefront, the interior of light bulbs all walls, exterior and fluorescent tubes in interior of all windows, plate glass, showcases, doors, door frames and bucks) of which the Demised Premises form a part and the sewer and water lines servicing the Demised Premises that are located outside of the Demised Premises.
(b) Subject to the provisions of Section 7(asubparagraph (a) hereof and the other provisions of this LeaseParagraph, Tenant shall agrees, at Tenant's own cost and expense, to keep and maintain the Demised Premises and each and every part thereof in good repair, order and condition and repairto make all repairs and replacements thereto, reasonable wear and tear to the fixtures and equipment therein and the appurtenances thereto, including, without limiting, the generality of the foregoing, all of Tenant's Alterations, the exterior and interior windows and window frames, doors and door frames, entrances, store fronts, including store front metal work, signs, showcases, floor coverings, interior walls, partitions and the lighting, electrical, heating, air-conditioning, plumbing, sprinkler and sewerage systems, equipment, fixtures and facilities within the Demised Premises, and the escalators and elevators therein, if any, and the floor slab and that portion of any pipes, lines, duets, wires or conduits installed by Tenant contained under, above or within, and serving, the Demised Premises. Tenant shall keep and maintain the Demised Premises in a first-class and attractive condition throughout the Lease Term. Tenant shall replace all damaged caused by Landlord or resulting from Landlord’s default under this Lease exceptedbroken glass and other glass, including Vitrolite and structural glass, with glass of equal quality to that broken or damaged. Except as otherwise set forth Tenant shall provide regular maintenance and service (for example, without limitation, regular filter changes, fan belt replacement, etc.) to the heating, ventilating and air-conditioning equipment in this Leasethe Demised Premises. At all times during the Term, Tenant hereby waives all rights shall have a maintenance and service contract in effect for the HVAC system with a reputable and licensed HVAC contractor. Within thirty (30) days after the date Landlord delivers possession of the Demised Premises to make repairs at Tenant and upon renewals of such contract, not less than twenty (20) days prior to the expense expiration of Landlord or in lieu thereof to vacate the Premises except as provided by lawcontract, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made submit to Landlord a copy of Tenant's HVAC contract.
(c) Notwithstanding anything contained herein to the contrary, it is hereby mutually understood and performed in such manner as agreed hereto that if, during the first three (3) months following the date Landlord may designatedelivers possession of the Demised Premises to Tenant,: (i) the HVAC system serving the Demised Premises fails to operate, by contractors or mechanics reasonably approved by Landlord (ii) Tenant has maintained continuously a maintenance and service contract for the HVAC system in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition terms of the Premises Lease and such contract provides at a minimum maintenance and service at least two times per year, (iii) the failure is not due to an act or omission of Tenant, its agents, contractors or employees, and (iv) Tenant gives Landlord notice of the Building have been made by HVAC failure to operate, then provided all of the conditions above are satisfied, Landlord to Tenant except as expressly set forth herein. Tenant will pay shall be responsible for any repairs to such repair and/or replacement of the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereunderHVAC system.
Appears in 1 contract
Samples: Lease Agreement (Digital Cinema Destinations Corp.)
Repairs. (a) Landlord shall maintain, in a timely manner, the public portions of the Building in accordance with the standards of Class A office buildings in the central business district of the City of Detroit, including but not limited to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, the fire and life safety systems, mechanical, HVAC, plumbing and electrical equipment servicing the Premises and the Building and the common areas servicing the Development, in good order and condition as reasonably determined by Landlord and the cost shall be included in Expenses, except for the repairs due to fire and other casualties (9.1 Except to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay Landlord is obligated to Landlord in full. Landlord shall be responsible do so pursuant to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, howeverParagraph 9.2 hereof, Tenant shall be responsible shall, when and if needed or whenever requested by Landlord to pay the do so, at Tenant’s sole cost of replacement of light bulbs and fluorescent tubes in the Premises.
(b) Subject expense, maintain and make repairs to the provisions of Section 7(a) hereof and the other provisions of this Lease, Tenant shall keep the Premises and every part thereof and keep, maintain and preserve the Premises in good first class condition and repair, reasonable normal wear and tear excepted. Any such maintenance and damaged caused repair shall be performed by Initials /s/ Illegible Initials /s/ Illegible 07/17/02 Landlord’s contractor, or by such contractor or contractors as Tenant may choose from an approved list to be submitted to Landlord following Tenant’s request. All costs and expenses incurred in such maintenance and repair shall be paid by Tenant as Additional Rent within ten (10) days after billing by Landlord or resulting such contractor or contractors. Landlord shall not be liable for and, except as provided in Article 14 hereof, there shall be no abatement of Rent with respect to any injury to or interference with Tenant’s business arising from Landlord’s default under this Lease exceptedany repairs, maintenance, alteration or improvement in or to any portion of the Building, including the Premises, or in or to the fixtures, appurtenances and equipment therein. Except as otherwise set forth in this Lease, Tenant hereby waives all rights and releases its right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the expense of Landlord California Civil Code or in lieu thereof to vacate the Premises except as provided by under any similar law, statute or otherwise ordinance now or hereafter in effect. .
9.2 Notwithstanding anything contained in subparagraph 9.1 to the contrary, (except for Tenant’s cabling wherever located, Tenant’s light fixtures, Tenant’s trade fixtures and other non-standard Building items, supplemental HVAC units, and items within the inside perimeter of the Premises which are below the ceiling tiles and above the slab; all of which shall be maintained by Tenant at its sole cost and expense) Landlord shall replace, repair and maintain all aspects of the Building, the Building structure, the Building plumbing, heating, ventilating, air-conditioning and electrical systems installed or furnished by Landlord, and the common areas in a manner consistent with other Class “A” office buildings in Long Beach, unless such maintenance or repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by Tenant, its agents, servants, employees or invitees, in which case Landlord shall cause the necessary maintenance or repair to be performed and Tenant shall pay to Landlord on demand as Additional Rent, the reasonable cost of such maintenance and repairs.
9.3 All repairs and replacements made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed (a) at Tenant’s cost and expense and at such time and in such manner as Landlord may designate, (b) by contractors or mechanics reasonably approved by Landlord Landlord, (c) so that same shall be at least equal in quality, value, and utility to the original work or installation, and (d) in accordance with the Rules relating thereto annexed and Regulations for the Building adopted by Landlord from time to this Lease as Exhibit “E” hereto time and in accordance with all laws, ordinances applicable laws and regulationsregulations of governmental authorities having jurisdiction over the Premises. If Landlord gives Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition notice of the Premises or the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for necessity of any repairs to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are covered by the insurance carried or replacements required to be carried made by Tenant under Articles 9.1 and 9.2 above and Tenant fails to commence diligently to effect the same within 10 days thereafter, Landlord may proceed to make such repairs or replacements and the expenses incurred by Landlord hereunderin connection therewith shall be due and payable from Tenant upon demand as Additional Rent; provided that Landlord’s making any such repairs or replacements shall not be deemed a waiver of Tenant’s default in failing to make the same.
Appears in 1 contract
Samples: Office Lease (Molina Healthcare Inc)
Repairs. A. Tenant shall keep the demised premises clean and in good order and repair. Tenant shall take good care of the premises and the fixtures and appurtenances therein, and shall make all repairs necessary to keep them in good working order and condition, including structural repairs and replacements of glass windows when those are necessitated by the act, omission or negligence of Tenant or its agents, employees or invitees (a) subject, however, to Article 42E hereof). The exterior walls of the building, the windows and the portions of all window sxxxx outside same and areas above the ceiling slab are not part of the premises demised by this lease, and Landlord hereby reserves all rights to such parts of the building. Tenant shall not create any nuisance within the building.
B. Landlord shall maintainoperate, in a timely manner, maintain and make all necessary repairs (both structural and nonstructural) to the building systems servicing the demised premises and to the public portions of the Building building, both exterior and interior, in conformance with standards applicable to first-class office buildings in mid-town Manhattan (except such repairs which are necessitated by the acts, omissions or negligence of Tenant, its agents, employees or contractors (subject, however, to Article 42E hereof), which shall be made by Landlord at Tenant’s expense).
C. Notwithstanding anything contained in this lease to the contrary, if Landlord fails to comply with its maintenance or repair obligations under this lease for a period of fifteen (15) days after notice of the condition, and such failure materially and adversely affects Tenant’s use and occupancy of the demised premises for the conduct of its normal business operations, then Tenant, after an additional five (5) days’ prior written notice to Landlord, may perform such maintenance or repair, as the case may be, for the account of Landlord, except if such performance (i) affects any building systems which do not exclusively service the demised premises or affects any area outside of the demised premises which is occupied by another tenant or occupant pursuant to an agreement with Landlord, or (ii) affects any structural portion of the Building. Any such maintenance or repair work by Tenant shall be performed in accordance with the standards of Class A office buildings in the central business district of the City of Detroitall applicable laws, including but not limited to any lobbies, stairs, elevators, corridors rules and restrooms, together with the windows regulations and exterior walls, roofs, foundations and structure itself of the Building, the fire and life safety systems, mechanical, HVAC, plumbing and electrical equipment servicing the Premises and the Building and the common areas servicing the Development, in good order and condition as reasonably determined by Landlord and the cost shall be included in Expenses, except for the repairs due to fire and other casualties (to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, however, Tenant shall be responsible to pay the cost of replacement of light bulbs and fluorescent tubes in the Premises.
(b) Subject to the provisions of Section 7(a) hereof and the other all applicable provisions of this Leaselease, including, without limitation, Article 8. Tenant agrees that such second 5-day day notice shall keep the Premises contain a statement (in bold face type and every part thereof in good condition and repair, reasonable wear and tear and damaged caused by Landlord or resulting from Landlordcapital letters) of Tenant’s default intention to exercise its “self-help” rights under this Lease excepted. Except Article in the event Landlord does not timely comply with its maintenance or repair obligations hereunder, as otherwise set forth in this Lease, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord case may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulationsbe. Tenant shall will provide Landlord with unconditional lien waivers proof of Tenant’s maintenance or repair costs and Landlord will reimburse same within thirty (30) days after receipt of same, with interest at the Applicable Rate from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition date of the Premises or the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for any repairs Tenant’s expenditures to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted date recovered in the Building or the Development full by Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereunder.
Appears in 1 contract
Samples: Lease Agreement (Coty Inc /)
Repairs. (a) Landlord shall maintain, maintain in a timely manner, first-class condition and operating order and keep in good repair and condition the public structural portions of the Building in accordance with the standards of Class A office buildings in the central business district of the City of Detroit, including but not limited to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, including the foundation, floor/ceiling slabs, roof structure (as opposed to roof membrane), curtain walls, exterior glass and mullions, columns, beams, shafts (including elevator shafts), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and life safety systemswomen's washrooms, Building mechanical, HVACelectrical and telephone closets, plumbing and electrical equipment servicing the Premises all common and public areas (collectively, "BUILDING STRUCTURE") and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the "BUILDING SYSTEMS") and the common areas servicing the Development, Project Common Areas. Notwithstanding anything in good order and condition as reasonably determined by Landlord and the cost shall be included in Expenses, except for the repairs due to fire and other casualties (this Lease to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, howevercontrary, Tenant shall be responsible required to pay repair the cost of replacement of light bulbs and fluorescent tubes in Building Structure and/or the Premises.
(b) Subject Building Systems to the provisions of Section 7(a) hereof and the other provisions of this Lease, Tenant shall keep the Premises and every part thereof in good condition and repair, reasonable wear and tear and damaged extent caused by Landlord or resulting from Landlord’s default under this Lease excepted. Except as otherwise set forth in this Lease, Tenant hereby waives all rights due to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition Tenant's use of the Premises or the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for any repairs other than normal and customary business office operations, unless and to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are extent such damage is covered by the insurance carried carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS EXCEPTION"). Tenant shall, at Tenant's own expense, keep the Premises, including all improvements, fixtures and furnishings therein, and the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project and which shall be consistent with the percentages paid for such services in Comparable Buildings) sufficient to reimburse Landlord (without profit) for all overhead, general conditions, fees and other costs or expenses paid to third-parties arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant's expense, or, if covered by Landlord's insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord shall be performed in a manner so as not to materially interfere with Tenant's use of, or access to, the Premises; provided that, with respect to items (ii) and (iii) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant's use of, or access to, the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.
Appears in 1 contract
Samples: Office Lease (Fair Isaac Corp)
Repairs. 10.01 Except as otherwise provided in this Section 10, Tenant agrees at its own expense to keep the Improvements, including all structural, electrical, mechanical and plumbing systems at all times in good appearance and repair except for reasonable and normal wear and tear. Tenant will also pay all other expenses in connection with the maintenance of the Premises including repair and upkeep of grounds, sidewalks, driveways and parking areas in a first class condition.
10.02 Notwithstanding any other provision of this Lease, from and after the date Tenant takes occupancy of the Premises any repairs, additions or alterations to the improvements or any of its systems (ae.g., plumbing, electrical, mechanical) structural or non-structural, which are required by any law, statute, ordinance, rule, regulation or governmental authority or insurance carrier, including, without limitation, 0SHA, will be the obligation of Tenant. Provided, however, that Tenant shall not be responsible for any repairs, additions or alterations to the building or any of its systems (e.g. plumbing, electrical, mechanical) structural or non-structural which are required by any law, statute, ordinance rule, regulation or governmental authority or insurance carrier, including without limitation, OSHA if a violation or nocompliance existed at the time Tenant took occupancy of 0000 Xxxxxxxxx Xxxxx, in which case Landlord shall maintainbe responsible for the repairs, in a timely manneradditions or alterations as required.
10.03 Tenant acknowledges that he has examined the Premises prior to the making of this Lease, that he knows the public portions condition thereof, that no representations as to the condition of the Building in accordance with the standards state of Class A office buildings in the central business district of the City of Detroitrepairs thereof have been made by Landlord or Landlord's agent which are not expressly set forth herein, including but not limited to any lobbiesand that except as otherwise specifically set forth herein, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, the fire and life safety systems, mechanical, HVAC, plumbing and electrical equipment servicing Tenant hereby accepts the Premises and in their present condition at the Building and date of execution of this Lease. Anything contained herein to the common areas servicing contrary notwithstanding the Development, Premises at 0000 Xxxxxxxxx Xxxxx shall be in good order and condition as reasonably determined by Landlord and repair upon the cost shall be included in Expenses, except for the repairs due date occupancy is delivered to fire and other casualties (to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which . Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, however, Tenant shall be responsible to pay the cost of replacement of light bulbs and fluorescent tubes in the Premises.
(b) Subject to the provisions of Section 7(a) hereof and the other provisions of this Lease, Tenant shall keep will inspect the Premises at 0000 Xxxxxxxxx Xxxxx prior to occupancy to assure that the facilities and every part thereof equipment are in good condition and repairLandlord will agree to repair facilities or equipment reasonably identified as substandard. Landlord shall not be required to replace carpeting or repaint provided the walls and floors are in good condition, reasonable wear and tear and damaged caused by Landlord or resulting from Landlord’s default under this Lease excepted. Except as otherwise set forth in this Lease, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for any repairs to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereunder.
Appears in 1 contract
Samples: Net Lease (Axsys Technologies Inc)
Repairs. Subject to Articles 11 and 13 and this Article 7, Tenant shall, at Xxxxxx's own expense, pursuant to the terms of this Lease, including without limitation Article 8 hereof, keep the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term. In addition, subject to the terms of Article 11, below, Tenant shall, at Xxxxxx's own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, including without limitation Article 8 hereof, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by casualty, ordinary wear and tear, casualty, condemnation or beyond the reasonable control of Tenant; provided however, that, at Landlord's option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (ato be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall maintaindesire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall repair and maintain in good order, in a timely mannercondition and repair, the public structural portions of the Building in accordance with the standards of Class A office buildings in the central business district of the City of DetroitProject (including, including but not limited to any lobbieswithout limitation, stairsfoundations, elevators, corridors and restrooms, together with the windows and exterior walls, roofsbearing walls and support beams), foundations and structure itself the exterior windows of the BuildingProject, the fire roof of the Project, the Building systems and life safety systems, mechanical, HVAC, plumbing and electrical Building equipment servicing the Premises and the Building and Common Areas of the common areas servicing the DevelopmentProject; provided, in good order and condition as reasonably determined by Landlord and the cost shall be included in Expenseshowever, except for the repairs due to fire and other casualties (to the extent the cost of such Landlord-required maintenance and repairs are covered required to be performed as a result of the negligence or willful misconduct or breach of this Lease by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which its agents, employees or invitees, Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for as additional rent, the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, however, Tenant shall be responsible to pay the reasonable cost of replacement of light bulbs such maintenance and fluorescent tubes in the Premises.
(b) Subject to the provisions of Section 7(a) hereof and the other provisions of this Lease, Tenant shall keep the Premises and every part thereof in good condition and repair, reasonable wear and tear and damaged caused by Landlord or resulting from Landlord’s default under this Lease exceptedrepairs. Except as otherwise set forth in this Lease, Tenant hereby waives any and all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for any repairs to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereunder.under
Appears in 1 contract
Samples: Office Lease (Aadi Bioscience, Inc.)
Repairs. (a) 9.1 Tenant shall keep and maintain the Premises and all fixtures and equipment located therein in clean, safe and sanitary condition, will take good care thereof and make all required repairs thereto, will suffer no waste or injury thereto, and will, at the expiration or other termination of the Lease Term, surrender the Premises in the same order and condition in which they were on the Lease Commencement Date, ordinary wear and tear and unavoidable damage by the elements excepted, and excepting any additions, alterations, or improvements which were approved by Landlord or which did not require Landlord's consent pursuant to Section 10.2. Landlord, at its cost, shall maintainprovide and install building standard fluorescent light fixtures within the Premises to the extent provided in Exhibit B and all replacement tubes for such lighting; all other bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant's cost and expense.
9.2 Except as otherwise provided in a timely mannerArticle XIII hereof, all injury, breakage and damage to the public portions Premises and to any other part of the Building in accordance with or the standards Project caused by any act or omission of Class A office buildings in the central business district Tenant, or of any of the City following (collectively, `Invitees or Guests"): any agent, employee, subtenant, assignee, contractor, client, guest, family member, licensee, customer or invitee of DetroitTenant, including but not limited shall be repaired by and at the sole expense of Tenant, except that Landlord shall have the right, at its option, to make such repairs and to charge Tenant for all costs and expenses incurred in connection therewith as additional rent due hereunder. The liability of Tenant for such costs and expenses shall be reduced by the amount of any lobbiesinsurance proceeds actually received by Landlord on account of such injury, stairsbreakage or damage.
9.3 Landlord shall, elevatorsat its expense, corridors make all repairs and restroomsreplacements, together with structural, and otherwise, necessary or desirable in order to keep in good order and repair the windows and exterior walls, roofs, foundations and structure itself of the Building, the fire and life safety systems, mechanical, HVAC, plumbing and electrical equipment servicing the Premises and the Building and the common areas servicing Project, the Developmentneed for which Landlord may have knowledge (including the public halls and stairways, plumbing, wiring, and other Building equipment for the general supply of water, heat, air-conditioning, gas, and electricity) except repairs hereinabove provided to be made by Tenant. Tenant agrees to notify Landlord of the necessity for repairs of which Tenant may have knowledge, for which Landlord may be responsible under the provisions of the preceding sentence. Notwithstanding the provisions hereof, in good order and condition as reasonably determined the event that repairs required to be made by Landlord become immediately necessary to avoid possible injury or damage to persons or property, and provided Tenant makes reasonable attempts to first contact Landlord, then Tenant may, but shall not be obligated to, make such repairs at Landlord's expense. Landlord hereby acknowledges that the cost shall be included in Expenses, except costs so incurred by Tenant are due and payable to Tenant within ten (10) days of Tenant's delivery of a xxxx for the repairs due to fire and other casualties (to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, however, Tenant shall be responsible to pay the cost of replacement of light bulbs and fluorescent tubes in the Premisessaid repairs.
(b) Subject to the provisions of Section 7(a) hereof and the other provisions of this Lease, Tenant shall keep the Premises and every part thereof in good condition and repair, reasonable wear and tear and damaged caused by Landlord or resulting from Landlord’s default under this Lease excepted. Except as otherwise set forth in this Lease, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for any repairs to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereunder.
Appears in 1 contract
Samples: Master Office Lease Agreement (Opinion Research Corp)
Repairs. (a) Landlord shall maintainTenant, in a timely manner, after the public portions commencement of the Building term of this Lease, shall, at its own expense, maintain the demised premises in accordance with as good condition and repair as the standards premises were upon the commencement of Class A office buildings in the central business district of the City of Detroit, including but not limited to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, the fire and life safety systems, mechanical, HVAC, plumbing and electrical equipment servicing the Premises and the Building and the common areas servicing the Development, in good order and condition as reasonably determined by Landlord and the cost shall be included in Expensesthis term, except for reasonable wear and use during the term of this Lease, or any extension thereof, structural repairs due to or repairs made necessary by reason of fire or other casualty, and other casualties (to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the negligent acts or omissions of Tenant, which Tenant shall pay by Landlord or its agents or as otherwise specifically provided for in this Lease. U. DESTRUCTION OR DAMAGE BY FIRE OR OTHER HAZARDS. The parties hereto agree that if the improvements erected or to Landlord in full. be erected upon the demised premises are partially or totally destroyed or damaged by fire or other hazard then Landlord shall be responsible promptly repair and restore such improvements as soon as it is reasonably practical so that they are restored substantially to supply and pay for the replacement of lighting ballasts and light bulbsprior existing condition, subject to such changes as Tenant may reasonably require, and fluorescent tubes in the Building; provided, however, Tenant shall be responsible to pay that such changes will not increase the cost of replacement restoration unless Tenant agrees to pay for such increased cost. Due allowance, however, shall be made for reasonable time necessary for Landlord to adjust the loss with the insurance companies insuring the demised premises at the time of light bulbs the happening of the fire or the casualty, but in no event shall such adjustment result in Landlord not being obligated to make such restoration, and fluorescent tubes in any event the Premises.
(b) Subject to restoration must commence within 45 days after the provisions happening of Section 7(a) hereof such fire or other casualty, and the completion thereof must be pursued diligently after such fire, casualty, or disaster with reasonable allowance made for delay occasioned by strikes; lockouts, or conditions beyond the control of Landlord, but in any event, said restoration must be completed on or before one year after the happening of such fire or other provisions casualty. If such restoration is not completed within said one-year period, then Tenant, at its option, may cancel this Lease with abatement of rent as of the date of the loss, provided, however, that Landlord shall be entitled to retain the proceeds of any rent insurance as provided for in paragraph H hereof. Failure of the insurance company to authorize such restoration work will be considered a reasonable delay. In the event that there is total destruction of the demised premises and Landlord fails to completely restore and rebuild the same within one year after such fire, casualty, or other disaster, then, in that event Tenant may, at its option, elect to terminate and cancel this Lease, in which event this Lease shall be terminated upon written notice by Tenant to Landlord and neither party shall keep thereafter have any further obligation with respect to the Premises and every part other. Should the demised premises or any portion thereof in good condition and repair, reasonable wear and tear and damaged be rendered untenantable by reason of the damage or destruction thereto caused by Landlord fire, casualty, or resulting from Landlord’s default under this Lease excepted. Except as otherwise set forth in this Lease, Tenant hereby waives all rights to make repairs at disaster during the expense term of Landlord or in lieu thereof to vacate the Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all lawsprovided for in this paragraph, ordinances and regulations. Tenant rent shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material be abated in proportion to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition areas of the Premises demised premises rendered untenantable from the date of the happening of the fire or other casualty or disaster up to the Building have been made by Landlord date of restoration of the premises, except any rent that may be received from rent insurance procured pursuant to Tenant except as expressly set forth hereinthis Lease. Tenant will pay However, no rent shall accrue for any repairs portion of the premises unless Tenant is able to conduct its usual business on that portion of the Premises premises that remains tenantable. If, after the date of the happening of the fire or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereunder.other
Appears in 1 contract
Samples: Commercial Lease (Intuit Inc)
Repairs. (aA) Landlord shall maintain, in a timely manner, the public portions of the Building in accordance with the standards of Class A office buildings in the central business district of the City of Detroit, including but not limited to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, the fire and life safety systems, mechanical, HVAC, plumbing and electrical equipment servicing the Premises and the Building and the common areas servicing the Development, in good order and condition as reasonably determined by Landlord and the cost shall be included in Expenses, except for the repairs due to fire and other casualties (to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, however, Tenant shall be responsible to pay the cost of replacement of light bulbs and fluorescent tubes in the Premises.
(b) Subject to the provisions of Section 7(a) hereof and the other provisions of this Lease, Tenant shall keep the interior and exterior of the Demised Premises and every part thereof in good condition and repair as they are at the Commencement Date, and shall redecorate, paint and renovate the Demised Premises as may be necessary to keep them in such condition and repair, reasonable wear and tear tear, casualty and damaged caused by Landlord or resulting from Landlord’s default under this Lease condemnation excepted. Except as otherwise set forth in this Lease, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made responsible for any necessary maintenance, repairs or replacement to all systems including but not limited to the mechanical, plumbing, and performed electrical systems located outside of the Demised Premises and the cost of same shall be included in such manner as CAM subject to Section 7.9, except that Landlord may designateshall be solely responsible for repairs and replacement to the HVAC system but Tenant shall, by contractors or mechanics reasonably approved by Landlord at all times to keep a maintenance and service contract in accordance with effect to provide for customary and periodic preventative maintenance of the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulationsHVAC system. Tenant shall provide keep the Demised Premises and all parts thereof in a clean and sanitary condition and free from trash, flammable material and other objectionable matter. Notwithstanding the foregoing, Landlord with unconditional shall be responsible, at Landlord’s sole cost and expense, for any repairs or replacements to the roof and structure of the Demised Premises, unless such repairs are necessitated by the acts or omissions of the Tenant. In the event that Landlord is required to make any repairs to the roof or structure of the Building as a result of Tenant’s acts or omissions, then Landlord shall xxxx Tenant for the cost of the work performed, and Tenant shall reimburse Landlord for the cost of such work within thirty (30) days after Landlord’s demand therefore. Additionally, prior to the commencement of any work performed on, in or about the Demised Premises, Tenant shall deliver to Landlord sworn statements setting forth the names of all contractors and subcontractors who did work and final lien waivers from all contractorssuch contractors and subcontractors.
(B) Tenant shall replace, subcontractors at Tenant’s expense, all glass in and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint on the Premises or any part thereof and no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for any repairs to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereunder.Demised
Appears in 1 contract
Samples: Lease Agreement (Micronetics Inc)
Repairs. (a) Landlord The LESSEE shall maintain, in a timely manner, at its own expense maintain the public portions of the Building in accordance with the standards of Class A office buildings in the central business district of the City of Detroit, including but not limited to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, the fire and life safety systems, mechanical, HVAC, plumbing and electrical equipment servicing the Premises and the Building and the common areas servicing the Development, leased premises in good order and condition as reasonably determined by Landlord and the cost repair. The LESSEE shall be included in Expenses, except for the repairs due to fire and other casualties (to the extent the cost of such repairs are covered by insurance proceeds) and responsible for the repair of damages occasioned all locks, electrical switches and similar installations turned over to the LESSEE for its use, excepting any damage to any such installations resulting from any structural defect of the leased premises or of the building itself. When the leased premises are returned, such locks, electrical switches and other installations must be intact and in good order, reasonable ordinary wear and tear excluded. The repair of any breakage of glass materials or other breakable parts within the leased premises shall likewise be the responsibility of the LESSEE, if caused by the acts misconduct or omissions negligence of Tenantthe LESSEE, which Tenant shall pay to Landlord in full. Landlord or its employees, visitors, agents or representatives, otherwise, such breakage shall be responsible to supply and pay for the replacement account of lighting ballasts the LESSOR. Subject to the provisions of the preceding paragraph thereof, the LESSEE shall also be responsible for the proper maintenance and light bulbsrepair of the external walls of the leased premises, the supporting posts and fluorescent tubes in similar portions, the Buildingfloor of the leased premises (as well as of the floor constituting its ceiling) and electrical, water and plumbing installations of common areas. The repair of any damage for which the LESSEE is responsible shall be undertaken by the LESSEE at its own expense, through qualified and/or licensed workxxx xx contractors upon demand of the LESSOR; provided, however, Tenant that should the LESSEE fail or refuse to undertake such repairs promptly after due demand by the LESSOR, then the LESSOR will effect such repairs, and all documented expenses incurred for such repairs shall be responsible to pay charged against and paid for by the cost LESSEE, on the rental payment date immediately following said date of replacement of light bulbs and fluorescent tubes in completion. Existing electricals, plumbing or other service installations shall not be tampered with, changed or altered, or new installations made, or alterations within the Premises.
(b) Subject to the provisions of Section 7(a) hereof and the other provisions of this Lease, Tenant shall keep the Premises and every part thereof in good condition and repair, reasonable wear and tear and damaged caused by Landlord premises effected or resulting from Landlord’s default under this Lease excepted. Except as otherwise set forth in this Lease, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint LESSEE without the Premises or any part thereof and no representations respecting the condition prior written consent of the Premises or the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for any repairs to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by TenantLESSOR, unless the same are covered by the insurance carried or required to which consent shall not be carried by Landlord hereunderunreasonably withheld.
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Repairs. Landlord shall maintain the Buildings in a good state of repair, including, but not limited to: (a) Landlord shall maintain, in a timely manner, repairs and replacements to the public structural portions of the Building in accordance with Buildings, including the standards of Class A office buildings in the central business district roof foundation and exterior walls of the City of DetroitBuildings, including but not limited to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, the fire and life safety systems, mechanical, HVAC, plumbing and electrical equipment servicing the Premises and the Building and the common areas servicing the Development, in good order and condition as reasonably determined by Landlord and the cost shall be included in Expenses, except for the repairs due to fire and other casualties (to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, however, Tenant shall be responsible to pay the cost of replacement of light bulbs and fluorescent tubes in the Premises.
(b) Subject repairs and replacements necessitated by Landlord's acts or negligence, (c) damage or destruction caused by fire or any other perils that normally are insured under extended coverage endorsements issued in the area where the Premises are located, whether or not due to Tenant's negligence, (d) repairs and replacements to the provisions of Section 7(aparking lot areas and landscaped areas, and (e) hereof repairs and the other provisions of this Leasereplacements, Tenant shall keep the Premises though non-structural, necessitated by Landlord's acts or negligence, (f) repairs and every part thereof in good condition replacements directly resulting from Landlord's failure to repair as required hereunder and repair, reasonable (g) repairs and replacements caused by ordinary wear and tear and damaged caused by Landlord or resulting from Landlord’s default under this Lease exceptedto the Common Areas. Except as otherwise set forth provided in this LeaseSection 23 hereof, in the event a repair or replacement cannot be accomplished by Landlord within a period of ninety (90) days from the date of notice from Tenant, or in the event Landlord fails to complete the repair or replacement within a period of ninety (90) days from the date of notice from Tenant, Tenant hereby waives all rights may, at its option, either (i) prior to make repairs at the expense completion of any such repair or replacement, cancel this Lease by giving Landlord written notice, and thereafter neither party shall have any rights, duties or obligations hereunder, or (ii) Tenant may take such steps as may be necessary to cure Landlord's default, in lieu thereof to vacate the Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of which event Tenant shall be made entitled to recover from Landlord the monies so reasonably expended by Tenant together with reasonable interest thereon from the date such monies were expended by Tenant until the date paid. Notwithstanding the foregoing, if the nature of Landlord's obligation is such that more than ninety (90) days are required for performance, Landlord shall not be in default if Landlord commences performance within such ninety (90) day period and performed in such manner as Landlord may designatethereafter diligently proceeds to completion. Notwithstanding the above, by contractors if Tenant cannot reasonably, substantially operate Tenant's business from the Premises because of a failure of repair or mechanics reasonably approved replacement by Landlord and in accordance with for a period of 150 days or more from the Rules relating thereto annexed to date Landlord commences performance, then Tenant can terminate this Lease as Exhibit “E” hereto and all lawson ten (10) days' written notice to Landlord, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with after such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for any repairs to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereunder150 days.
Appears in 1 contract
Samples: Lease (Acc Corp)
Repairs. (a) Landlord shall maintain, in a timely manner, keep the public portions Common Areas of the Building and the Project in accordance with a clean and neat condition and in good condition and repair. Subject to subparagraph (b) below, Landlord shall make all necessary repairs, to the standards of Class A office buildings in the central business district of the City of Detroit, including but not limited to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofsexterior doors, foundations exterior locks on exterior doors and structure itself windows of the Building, and to the fire Common Areas, including, but not limited to, the roof, foundation and structural elements of the Building, heating, air conditioning and mechanical, electrical and plumbing systems and life safety systemssystems and to public corridors and other public areas of the Project not constituting a portion of any tenant's premises and shall keep all Building standard equipment used by Tenant in common with other tenants in good condition and repair and to replace same at the end of such equipment's normal and useful life. Except as expressly provided in Paragraph 9 of this Lease, mechanicalthere shall be no abatement of Rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any reasonable repairs, HVACalterations or improvements in or to any portion of the Premises, plumbing and electrical equipment servicing the Premises and the Building and or the common areas servicing Project, provided the Development, in good order and condition as reasonably determined by Landlord and the cost shall be included in Expenses, except for the repairs due same are diligently prosecuted to fire and other casualties (to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, however, Tenant shall be responsible to pay the cost of replacement of light bulbs and fluorescent tubes in the Premisescompletion.
(b) Subject Tenant, at its expense, (i) shall keep the Premises and all fixtures contained therein in a safe, clean and neat condition, and (ii) shall bear the cost of maintenance and repair, of all facilities which are not expressly required to be maintained or repaired by Landlord and which are located in the Premises, including, without limitation, lavatory, shower, toilet, wash basin and kitchen facilities, and supplemental heating and air conditioning systems (including all plumbing connected to said facilities or systems installed by or on behalf of Tenant or existing in the Premises at the time of Landlord's delivery of the Premises to Tenant), normal wear and tear, repairs which are the responsibility of Landlord, repairs which are covered by Landlord's insurance and damage to fire and other casualty or condemnation excepted. Tenant shall make all repairs to the Premises not required to be made by Landlord under subparagraph (a) above with replacements of any materials to be made by use of materials of equal or better quality. Tenant shall do all decorating, remodeling, alteration and painting elected by Tenant during the Lease Term. Tenant shall pay for the cost of any repairs to the Premises, the Building or the Project made necessary by any gross negligence or willful misconduct of Tenant or any of its assignees, subtenants, employees or their respective agents, representatives, contractors, or other persons permitted in or invited to the Premises or the Project by Tenant to the extent not covered by Landlord's insurance. If Tenant fails to make such repairs or replacements within fifteen (15) days after written notice from Landlord, Landlord may at its option make such repairs or replacements, and Tenant shall upon demand pay Landlord for the cost thereof.
(c) Notwithstanding the foregoing, in the event there is a malfunction or breakdown of an elevator in the Building ("Elevator Malfunction") and if Landlord does not commence to cure such Elevator Malfunction within one (1) business day following notice to Landlord from Tenant of such Elevator Malfunction (which can be telephonic notice to the Landlord's property manager) or complete such work within two (2) business days after such notice, then Tenant may take reasonable actions to cure such Elevator Malfunction on behalf of and at the sole cost and expense of Landlord, in which event Landlord shall reimburse Tenant for its out-of-pocket costs and expenses incurred and paid in connection therewith within thirty (30) days after Tenant's delivery to Landlord of an invoice therefor, together with reasonable supporting documentation for such reasonable costs and expenses ("Self-Help Remedy"). Tenant shall have the right to contact any qualified third party elevator company to help cure the Elevator Malfunction. Notwithstanding the foregoing, Tenant's Self-Help Remedy with regard to an Elevator Malfunction shall be limited to the repair and maintenance of the elevators in the Building and shall not include any replacement of parts or components in excess of an aggregate amount of $10,000.00 without Landlord's prior written approval, such approval not to be unreasonably withheld or delayed. If Landlord fails to reimburse Tenant for the reasonable costs, fees and expenses incurred by Tenant in taking curative actions under its Self-Help Remedy within thirty (30) days after demand therefore (or fails to reimburse Tenant within thirty (30) days after the arbitrator's award, as described below), Tenant may offset the portion of any such costs as to which Landlord does not have a good faith dispute (or the arbitrator's award, as the case may be) together with interest at a rate of 10% per annum from the due date therefor against Basic Annual Rent. If Landlord does not dispute Tenant's request and specifically outline the reasons for its disapproval of Tenant's request within five (5) business days after Landlord's receipt of Tenant's request, then Tenant's request shall be deemed granted. In the event that Landlord, in good faith, disputes any portion of the fees, costs and expenses incurred by Tenant in connection with the Self-Help Remedy described above as not being reimbursable pursuant to the terms and provisions of this Section 7(a5(c), the parties agree to use good faith efforts through negotiation to resolve such dispute within ten (10) hereof business days. Upon demand of either party, if the parties have been unable after good faith efforts, to resolve such dispute within such ten (10) business day period, such dispute shall be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and any judgment upon the other provisions award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall be conducted in Dallas, Texas. The arbitrator shall award to the prevailing party, if any, as determined by the arbitrator, all of the reasonable attorneys' fees and costs and expenses incurred by such party in connection with the arbitration.
(d) Upon the expiration or earlier termination of this Lease, Tenant shall keep surrender the Premises in a safe, clean and every part thereof in good condition and repairneat condition, reasonable normal wear and tear tear, damage by casualty or condemnation and damaged caused by matters which are the responsibility of Landlord or resulting from Landlord’s default under this Lease excepted. Except as otherwise set forth in Paragraph 4(b) of this Lease, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate shall remove from the Premises except as provided all trade fixtures, furnishings and other personal property of Tenant and all computer and phone cabling and wiring from the Premises, shall repair all damage caused by lawsuch removal, statute and shall restore the Premises to its previous condition, reasonable wear and tear excepted. In addition to all other rights Landlord may have, in the event Tenant does not so remove any such fixtures, furnishings or otherwise now or hereafter in effect. All repairs made by or on behalf personal property within ten (10) days after Tenant's receipt of written notice from Landlord, Tenant shall be made and performed deemed to have abandoned the same, in such manner as which case Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for any repairs to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless store the same are covered by at Tenant's expense, appropriate the insurance carried or required to be carried by Landlord hereundersame for itself, and/or sell the same in its discretion.
Appears in 1 contract
Repairs. (a) Landlord shall maintainTenant shall, in a timely manner, at all times during the public portions of the Building in accordance with the standards of Class A office buildings in the central business district of the City of Detroit, including but not limited to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, the fire and life safety systems, mechanical, HVAC, plumbing and electrical equipment servicing the Premises and the Building and the common areas servicing the Development, in good order and condition as reasonably determined by Landlord and the cost shall be included in Expenses, except for the repairs due to fire and other casualties (to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, however, Tenant shall be responsible to pay the cost of replacement of light bulbs and fluorescent tubes in the Premises.
(b) Subject to the provisions of Section 7(a) term hereof and the other provisions of this Leaseat Tenant's sole cost and expense, Tenant shall keep the Premises and every part thereof in good condition and repair, reasonable ordinary wear and tear and damaged caused damage thereto by Landlord fire, earthquake, act of God or resulting from Landlord’s default under this Lease the elements excepted. Except as otherwise set forth in this Lease, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulationsPremises. Tenant shall provide at the end of the term hereof surrender to Landlord with unconditional lien waivers from the Premises and all contractorsalterations, subcontractors additions and materialmen providing services improvements thereto (except to the extent Tenant is required to remove any such alterations, additions or furnishing material improvements pursuant to subparagraph 8(b) above) in the same condition as when received, ordinary wear and tear and damage by fire, earthquake, act of God or the elements excepted. Without limiting the foregoing, Landlord shall have the right to require Tenant to replace or reimburse Landlord for Tenant replacement of all plate glass or windows in connection with such repairsor upon the Premises or the Project which are broken by Tenant, its employees, agents, guests or invitees. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no thereof, except as specifically set forth in this Lease (including the Work Letter). No representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant Tenant, except as expressly specifically herein set forth herein. Tenant will pay forth.
(b) Landlord shall maintain the roof, exterior walls, structural elements and foundation of the Building, Building systems and all Project common areas including, without limitation, the driveways, parking areas, walkways and landscaping for any repairs to the Premises or Project, and all utility lines located within the Building or Project but not exclusively within the Development made necessary Premises, in compliance with all applicable laws and in good order, condition and repair except for uninsured damage caused by any negligence or carelessness the act of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are covered by the insurance carried its agents, employees, guests or required to invitees, which uninsured damage shall be carried repaired at Tenant's expense by Landlord hereunderor Tenant, as Landlord may elect.
Appears in 1 contract
Samples: Lease (RingCentral Inc)
Repairs. (a) Landlord 12.01 Tenant shall maintain, in a timely manner, the public portions take good care of the Building in accordance with the standards of Class A office buildings in the central business district of the City of Detroit, including Demised Premises (excluding Tenant’s Roof Top Space [but not limited to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, the fire and life safety systems, mechanical, HVAC, plumbing and electrical equipment servicing the Premises Tenant shall be responsible for Tenant’s Property therein] and the Building and RTS Shuttle Elevator, each of which shall be the common areas servicing responsibility of Landlord, but the Development, in good order and condition as reasonably determined by Landlord and the cost costs of which shall be included in Expenses, except for the repairs due to fire and other casualties (to the extent the cost of such repairs are covered by insurance proceedsRTS Operating Expenses in accordance with Section 4.02 hereof) and for the repair fixtures and appurtenances therein or outside the Premises as permitted hereunder, including any Supplemental HVAC System, Supplemental Cooling System and/or the Premises Emergency Generator Equipment and, at Tenant’s sole cost and expense (unless required as a result of damages occasioned by the acts negligence or omissions willful misconduct of TenantLandlord or any Landlord Party, in which Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for case the replacement of lighting ballasts and light bulbssame shall, and fluorescent tubes in the Building; provided, however, Tenant shall be responsible to pay the cost of replacement of light bulbs and fluorescent tubes in the Premises.
(b) Subject subject to the provisions of Section 7(a14.01B hereof, be performed by Tenant at Landlord’s sole cost and expense), make all repairs thereto as and when needed in Tenant’s reasonable discretion to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence and damage for which Tenant is not responsible for pursuant to the provisions of Articles 17 and 18 hereof; it being agreed, however, that Tenant shall have no obligation to make structural repairs unless the need for such repair was necessitated by reason of (a) hereof any cause or condition arising out of any Tenant Changes or other alterations or installations in the Demised Premises (whether made by Tenant or by Landlord on behalf of Tenant) or as hereinafter provided in this Section 12.01, or (b) Tenant’s particular manner of use or occupancy (as opposed to mere office use), or (c) any breach of any of Tenant’s covenants or agreements under this Lease, or (d) any negligence or willful misconduct by Tenant, or any contractor, subcontractor, licensee or invitee of Tenant or (e) Tenant’s use or manner of use or occupancy of the Premises as a “place of public accommodation” within the meaning of the ADA. Tenant acknowledges that such obligation applies to, without limitation: (i) all distributions within the Demised Premises of the Base Systems serving the Demised Premises (from the point of connection within the Demised Premises) and (ii) any such Base System located outside of the Demised Premises to the extent it exclusively serves the Demised Premises but in such event Landlord shall perform such repairs at Tenant’s sole but reasonable cost and expense. All damage or injury to the Demised Premises, whether structural or non-structural, and to its fixtures, glass, appurtenances and equipment or to the Building, or to its fixtures, glass, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal of furniture, fixtures or other provisions property, or from any other cause of any other kind or nature whatsoever due to the negligence or willful misconduct of Tenant, its servants, employees, agents, visitors or licensees, shall be repaired, restored or replaced promptly by Tenant at its sole but reasonable cost and expense to the reasonable satisfaction of Landlord. All aforesaid repairs, maintenance, restorations and replacements shall be in quality and class equal to the original work or installations and shall be done in a good and workerlike manner. At all times during the Term of this Lease, as required under the Unit Ground Lease, Tenant shall (A) not cause any waste to or upon the Building, the Unit, the Demised Premises or the Common Elements or any part thereof, nor permit or suffer any waste to or upon the Building, the Unit, the Demised Premises or the Common Elements; (B) not cause physical damage (other than as part of any Tenant Change permitted hereunder or as caused by a casualty or taking) to the Building, the Unit, the Demised Premises or the Common Elements or any part thereof; (C) maintain, repair, keep, use and occupy the Demised Premises in compliance with the DUO; and (D) keep the Demised Premises free of graffiti and posters. Tenant shall promptly make, at Tenant’s sole cost and expense, all repairs in and to the Demised Premises for which Tenant is responsible, using only the contractor for the trade or trades in question approved by Landlord, which approval shall be granted or withheld in accordance with the provisions of Article 13 hereof. Any other repairs in or to the Building, the Unit and/or the Common Elements, or any portion thereof, or the facilities and systems thereof for which Tenant is responsible shall be performed by Landlord at Tenant’s sole cost and expense. Landlord and Tenant agree that for the purposes of this Section 12.01, (a) core lavatories on any full floor of the Premises and every (b) Tenant’s Roof Top Space and, if leased by Tenant hereunder, the 51st Floor Space, are not Building common areas, FC Limited Common Elements nor Common Elements and Tenant shall maintain, repair and/or make replacements thereto, as appropriate, at Tenant’s sole cost and expense. Landlord shall have no obligation to clean, repair, replace or maintain any “private” plumbing fixtures or facilities (i.e., plumbing fixtures and facilities other than those that would be the common toilets in a multi-tenant floor) or the rooms in which they are located but the foregoing shall not vitiate Landlord’s obligation to maintain the plumbing therefor that is part thereof the Base Systems to the point of connection to the Premises in accordance with the terms hereof.
12.02 Except for those repairs which are expressly required to be made by Tenant pursuant to Section 12.01 above but subject to the provisions of Section 12.03 hereof, Landlord shall make or cause to be made all repairs and replacements, structural and otherwise, ordinary or extraordinary, foreseen or unforeseen, necessary or desirable in order to keep in good condition order and repairrepair (a) all structural portions of the Unit (whether located within or outside of the Demised Premises), reasonable wear (b) all Building common areas to the extent such areas serve or affect the Demised Premises or Tenant’s use thereof, including, without limitation, all elevators, corridors, lobbies, core lavatories, including all fixtures therein (except as provided in Section 12.01), core electric closets, core telecommunication closets, core janitor closets, and tear mechanical rooms, and damaged caused (c) all Base Systems (whether such Base Systems are located within or outside of the Demised Premises) serving the Demised Premises and the common and public service areas of the Building to the extent such areas serve or affect the Demised Premises or Tenant’s use thereof, including, without limitation, the plumbing, electrical, mechanical, Base HVAC System, fire protection, life safety and sprinkler systems of the Unit (other than any distribution of such systems located in the Demised Premises), in each case throughout the Term, and in such manner as is consistent with the maintenance, operation and repair standards of Comparable Buildings, unless, in any instance, any repair or replacement is required as a result of the negligence or willful misconduct of Tenant or any Tenant Party, in which case the same shall be performed by Landlord or resulting from Landlordat Tenant’s default under this Lease excepted. Except as otherwise set forth sole cost and expense).
12.03 Notwithstanding anything to the contrary contained in this Lease, Tenant hereby waives all rights Landlord, subject to the provisions of Article 35 hereof, shall have no obligation to operate, repair or maintain any portion of the Unit, the Building, the Common Elements and/or the Building common areas, or make any such repairs at thereto, to the expense extent the same is the responsibility of any Condominium Board pursuant to the Condominium Documents but Landlord or in lieu thereof shall be obligated to vacate enforce the Premises except obligations of the Condominium Board as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for any repairs to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereunderArticle 35 hereof.
Appears in 1 contract
Samples: Lease Agreement (Legg Mason Inc)
Repairs. (a) Landlord shall maintain, maintain and keep in a timely manner, good repair the public portions of the Building in accordance with the standards of Class A office buildings in the central business district of the City of DetroitBuilding, including but not limited to any lobbiesthe roof, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of all mechanical systems in the Building, the fire and life safety systemsparking lots, mechanical, HVAC, plumbing and electrical equipment servicing the Premises and the Building floors, ceilings, and perimeter walls but excluding Tenant's HVAC equipment. In the common areas servicing event the Development, in good order and condition as reasonably determined by Landlord and the cost shall be included in Expenses, except necessity for the repairs due to fire and other casualties (to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages shall have been occasioned by the acts Tenant or omissions any permitted subtenant or licensee of Tenant, which or their respective employees, agents, contractors or any person, firm or corporation acting on its behalf, Tenant agrees to make such repairs at Tenant's sole cost and expense. Except in cases of an emergency, Landlord shall not be required to commence any repair until after receipt of written notice from Tenant. Tenant shall pay allow Landlord reasonable time in which to Landlord in fullcommence and complete such repairs. Landlord shall be responsible use reasonable efforts to supply and pay for the replacement make such repairs with a minimum of lighting ballasts and light bulbsinconvenience, and fluorescent tubes in the Building; provideddisruption, however, Tenant shall be responsible or loss of business to pay the cost of replacement of light bulbs and fluorescent tubes in the PremisesTenant.
(b) Subject Except as provided in subparagraph (a) of this paragraph, Tenant agrees to keep and maintain the provisions of Section 7(a) hereof Premises, the fixtures and equipment therein and the appurtenances thereto in good repair and condition at Tenant's own cost and expense, and to make all necessary repairs and replacements thereto. Tenant shall arrange and pay for all janitorial services required for the Premises. Tenant shall keep and maintain the Premises in a first-class condition throughout the Term. Tenant shall replace all damaged glass with glass of equal quality. In the case of damage or destruction by insurable casualty or by eminent domain, the obligations of Landlord and Tenant shall be controlled as hereinafter provided.
(c) Following initial construction of the Premises Tenant may, at its own cost, paint, paper or change floor coverings, or otherwise alter the Premises, provided that (i) the structural integrity or value of the Building shall not be adversely affected and (ii) the cost of such alteration does not exceed Five Dollars ($5.00) per square foot; and, except as otherwise permitted herein, the sprinkler system is not thereby affected. In all other provisions of this Leaseinstances, Tenant shall keep secure prior written approval of Landlord. Tenant shall submit to Landlord plans and specifications for such proposed work, together with the Premises name of the contractor and every part thereof in good condition and repair, reasonable wear and tear and damaged caused by Landlord or resulting from Landlord’s default under this Lease excepteda statement of the estimated cost thereof. Except as otherwise set forth in this LeasePrior to starting such work, Tenant hereby waives all rights agrees to make repairs at the expense deliver to Landlord a certificate of Landlord or worker's compensation insurance in lieu thereof statutory limits from Tenant's contractor as well as evidence of insurance coverages to vacate the Premises except as provided be maintained by law, statute or otherwise now or hereafter in effectTenant hereunder. All repairs made by or on behalf of Tenant Such work shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and promptly completed in accordance with such approved plans and specifications, applicable laws and ordinances, and rules and requirements of Landlord's insurance carriers, subject to the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition terms of the Premises or the Building have been made by Landlord to Tenant except as expressly Tenant's indemnity set forth herein. Tenant will pay for any repairs under paragraph 16 hereof and Tenant's obligation to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenantinsure such liability under paragraph 28 hereof.
(d) The term "repairs" shall include repairs, unless the same are covered by the insurance carried or required to be carried by Landlord hereunderreplacements, renewals, alterations, additions, improvements and betterments.
Appears in 1 contract
Repairs. (a) Landlord shall maintain7.01. Except as set forth in Section 7.05, in a timely mannerTenant shall, at its sole cost and expense, make all repairs to the public portions of demised premises and the Building in accordance with the standards of Class A office buildings in the central business district of the City of Detroitfixtures and appurtenances therein, including but not limited to any lobbiesthe HVAC system serving the demised premises, stairsincluding those necessitated by the use, elevatorsact, corridors omission, occupancy or negligence of Tenant or by the use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, as and restroomswhen needed to preserve them in good working order and condition. Except as otherwise provided in Section 9.05 hereof, together with all damage or injury to the windows Building or Premises, including demised premises, and to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal of furniture, fixtures or other property, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class substantially equal to the original work or installations prior to such damage or injury. If Tenant fails to make such repairs, restoration or replacements within thirty (30) days after written notice thereof from Landlord, same may be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within thirty days after rendition of a xxxx therefor. The exterior walls, roofs, foundations and structure itself walls of the Building, the fire portions of any window xxxxx outside the windows and life safety systemsthe windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building, mechanicalbut the foregoing shall not relieve Tenant of any obligation to restore, HVACrepair, plumbing or replace same in accordance with the immediately preceding paragraph.
7.02. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and electrical which is allowed by law. The floor of the demised premises will carry 100 pounds live load per square foot of floor space.
7.03. Business machines and mechanical equipment servicing used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Premises Building structure or to any leased space to such a degree as to be objectionable to Landlord or to any other tenant in the Building shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and the common areas servicing the Development, in good order and condition as reasonably determined by Landlord and the cost shall be included in Expenses, except for the repairs due to fire and other casualties (to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord in fulldemised premises. Landlord shall be responsible under no obligation to supply and pay endeavor to reduce such vibration, noise, heat or cold beyond what is customary in current good building practice for buildings of the replacement of lighting ballasts and light bulbs, and fluorescent tubes in same type as the Building; provided, however, Tenant shall be responsible to pay the cost of replacement of light bulbs and fluorescent tubes in the Premises.
(b) Subject to the provisions of Section 7(a) hereof and the other provisions of this Lease, Tenant shall keep the Premises and every part thereof in good condition and repair, reasonable wear and tear and damaged caused by Landlord or resulting from Landlord’s default under this Lease excepted7.04. Except as otherwise set forth specifically provided in this Lease, there shall be no allowance to Tenant hereby waives all rights to make repairs at for a diminution of rental value and no liability on the expense part of Landlord by reason of inconvenience, annoyance or injury to business arising from the making of any repairs, alterations, additions or improvements in lieu thereof or to vacate the Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf any portion of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for any repairs to the Premises or the Building or the Development made necessary by demised premises or in or to fixtures, appurtenances or equipment thereof. Landlord shall exercise reasonable diligence so as to minimize any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by interference with Tenant's business operations, unless but shall not be required to perform the same are covered by the insurance carried on an overtime or required to be carried by Landlord hereunderpremium pay basis.
Appears in 1 contract
Samples: Lease Agreement (Viant Corp)
Repairs. (a) Landlord shall maintainLessee shall, in a timely mannerat its expense, the public portions take good care of the Building premises, which includes, but is not limited to, all electrical, plumbing, heating, air conditioning and other mechanical or machinery installations therein; all doors, as well as all plate glass doors and windows, fixtures and appurtenances therein, and shall make all repairs, alterations, replacements and modifications necessary to keep them in accordance with as good working order and condition, using material and labor of a kind and quality equal to the standards original work, as they were upon commencement of Class A office buildings in the central business district of the City of Detroitthis Lease, including but not limited to any lobbiesstructural repairs when those are necessitated by the act, stairsomission or negligence of Lessee or its agents, elevators, corridors and restrooms, together with the windows and employees or invitees. The exterior walls, roofs, foundations and structure itself walls of the Building, the fire windows and life safety systemsthe portions of all window xxxxx outside same are not part of the premises demised by this Lease, mechanicaland Lessor hereby reserves all rights to such parts of the Building. Lessee shall not abandon or vacate the Demised Premises, HVACshall not permit, plumbing license or suffer the occupancy of any other party in the Demised Premises and electrical equipment servicing shall keep the Demised Premises and sidewalks, service-ways and loading areas adjacent to the Demised Premises neat, clean and free from dirt, rubbish, insects and pests at all times and store all trash and garbage within the Demised Premises, arranging for a regular pick up of such garbage and trash at Lessee’s expense. Lessee shall store all trash and garbage within the area designated by Lessor for such trash pickup and removal and only the receptacles of the size, design and color from time to time prescribed by Lessor. Lessee shall not operate an incinerator or burn trash or garbage within the Center. Lessee agrees, at Lessee’s sole cost and expense (i) to comply promptly and fully with all present and future governmental laws, ordinances, orders, rules and regulations affecting the Premises and/or Lessee’s use thereof, including without limitation, the Americans with Disabilities Act, 42, U.S.C. Section 12111, et. Seq., as amended, and/or the cleanliness, safety, occupancy and use of the same; and (ii) be and remain authorized to do business in the state in which the Center is located. Lessee shall make no alterations or additions to the Premises or erect any exterior signs except as provided for in Exhibit “C” or as may be made with the approval of the governmental entity responsible for approval of signage, without Lessor’s prior written consent. All alterations or additions made with such consent shall be part of the Premises and the Building and property of Lessor, subject to the common areas servicing terms of this Lease unless otherwise provided by the Developmentinstrument of consent. Lessee’s trade fixtures, equipment or other personal property placed on the Premises may be removed by Lessee at any time during the Rental Term; but if installation of any of same in good order and condition as reasonably determined by Landlord and or on the cost Premises or the removal therefrom of any thereof could deface structurally alter the Premises, Lessor’s written consent to installation must first be procured and, upon removal, all any damage to the Premises caused thereby shall be included in Expensesfully repaired promptly by Lessee at Lessee’s expense. There shall be no outside storage of any kind whatsoever. Notwithstanding anything to the contrary contained herein, Lessee shall not be responsible for roof or structural maintenance except for the repairs due to fire and other casualties (to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages same may be occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, however, Tenant shall be responsible to pay the cost of replacement of light bulbs and fluorescent tubes in the PremisesLessee’s negligence.
(b) Subject to the provisions of Section 7(a) hereof and the other provisions of this Lease, Tenant shall keep the Premises and every part thereof in good condition and repair, reasonable wear and tear and damaged caused by Landlord or resulting from Landlord’s default under this Lease excepted. Except as otherwise set forth in this Lease, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for any repairs to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereunder.
Appears in 1 contract
Samples: Lease Agreement (Sancilio Pharmaceuticals Company, Inc.)
Repairs. 10.1 Landlord will keep the roof, foundation and the exterior walls of the Demised Premises in proper repair, excepting any work done by Tenant and any glass or doors, provided that in each case Tenant shall have given Landlord prior written notice of the necessity of such repairs; and provided further that if any such repair is required by reason of the negligence of Tenant or any of its agents, employees or customers, or other persons using the Demised Premises with Tenant's consent, express or implied, or if the need for such repair is directly or indirectly attributable to or results from the business activity being conducted within the Demised Premises, Landlord may make such repair and add the cost thereof to the first installment of Minimum Rent which shall thereafter become due. Tenant will keep the interior of the Demised Premises (a) Landlord shall maintainwhich includes, in a timely mannerbut is not limited to, all electrical, plumbing, heating, air conditioning and other mechanical installations, the public portions of the Building in accordance with the standards of Class A office buildings in the central business district of the City of Detroitceiling, including but not limited to any lobbieslighting, stairsflooring, elevatorsall doors, corridors door frames, door checks, and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, the fire and life safety systems, mechanical, HVAC, plumbing and electrical equipment servicing the Premises and the Building and the common areas servicing the Development, all glass) in good order and repair, accomplishing any and all repairs, alterations, replacements and modifications at its own expense and using materials and labor of a kind and quality equal to the original work, and will surrender the Demised Premises at the expiration or earlier termination of this Lease in as good condition as reasonably determined when received, excepting only deterioration caused by Landlord and the cost shall be included in Expenses, except for the repairs due to fire and other casualties (to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, however, Tenant shall be responsible to pay the cost of replacement of light bulbs and fluorescent tubes in the Premises.
(b) Subject to the provisions of Section 7(a) hereof and the other provisions of this Lease, Tenant shall keep the Premises and every part thereof in good condition and repair, reasonable ordinary wear and tear and damaged caused damage by Landlord fire or resulting from Landlord’s default under this Lease exceptedother casualty of the kind insured against in standard policies of fire insurance with extended coverage. Except as otherwise set forth in this Leasehereinabove provided, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has have no obligation and has made no promise to repair, maintain, alter, remodel, improve, repair, decorate replace or paint modify the Demised Premises or the Shopping Center or any part thereof and thereof, or any plumbing, heating, electrical, air conditioning or other mechanical installation therein. Under no representations respecting the condition of the Premises circumstances shall Landlord be obligated to repair, replace or the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for maintain any repairs to the Premises glass or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereunderdoors.
Appears in 1 contract
Samples: Lease Agreement (Room Plus Inc)
Repairs. (a) Landlord Prior to the execution of this lease Lessee shall maintainhave identified each item of defect within the premises which Lessor agrees, by Lessor’s endorsement thereon, to repair or replace. Said items of repair or replacement are listed in Schedule A, entitled “Schedule of Repairs Prior to Lessee’s Possession”, attached hereto and incorporated herein by reference. Upon the execution of this lease, Lessor shall perform all items of repair or replacement listed in Schedule A before Lessee takes possession, or occupies, the premises, whether actually or constructively. As used herein, and elsewhere in this lease, “the premises” shall include the real property subject to this lease, and all fixtures, equipment, furnishings and furniture subject to this lease, including those listed in said Schedule A. Lessee’s occupancy, or taking possession of the premises, shall be deemed, conclusively, Lessee’s full satisfaction of Lessor’s performance of the repair or replacement work set forth in said Schedule A, and shall further constitute the complete waiver by Lessee of whatever items of said work that remain unperformed, if any. By and upon Lessee’s occupancy or taking possession of the premises, Lessee covenants and agrees, and Lessor relies thereon, that
(a) Lessee has independently examined and knows the physical condition of the premises, and every part thereof, and has received the same in good order and repair; (b) the premises, and every part thereof, are, and shall be deemed and presumed conclusively to be, free of defects of any and whatever kind; (c) all defects or disrepair of the premises, or any part thereof, discovered during Lessee’s occupancy or possession of the premises shall be deemed and presumed conclusively to have occurred after Lessee took occupancy or possession of the premises and during such occupancy or possession, for which Lessee is solely responsible; (d) Lessee is absolutely estopped from claiming or asserting, at any time after Lessee’s occupancy or possession of the premises, that the premises, or any part thereof, were defective or were not in good order or repair at the execution of this lease; and (e) no statements or representations as to the physical condition of the premises, or the condition of repair of the premises, have been made by or on behalf of Lessor prior to, or contemporaneously with, the execution of the lease.
(b) During Lessee’s possession or occupancy of the premises, Lessee agrees to keep the premises and the fixtures, appurtenances, furniture and furnishings leased hereunder, including air conditioning units, and every part thereof, in a timely manner, the public portions of the Building in accordance with the standards of Class A office buildings in the central business district of the City of Detroit, including but not limited to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, the fire and life safety systems, mechanical, HVAC, plumbing and electrical equipment servicing the Premises and the Building and the common areas servicing the Development, in same good order and condition as reasonably determined by Landlord and the cost shall be included in Expenses, except for the repairs due they are upon delivery to fire and other casualties (to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbsLessee, and fluorescent tubes in the Building; provided, however, Tenant shall be responsible to pay the cost of replacement of light bulbs and fluorescent tubes in the Premises.
(b) Subject to the provisions of Section 7(a) hereof and the other provisions of this Lease, Tenant shall will keep the Premises streets and adjoining alleys and common areas and said premises both inside and outside and every part thereof in good repair and in a clean and healthful condition and repair, reasonable wear and tear and damaged caused by Landlord or resulting from Landlord’s default under this Lease excepted. Except as otherwise set forth in this Lease, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractorsthe direction of government authorities during the term of the lease, subcontractors and materialmen providing services at the end of the term, or furnishing material to other termination of the lease, either by operation of law or for Tenant failure to comply with the provisions hereof or any of them, Lessee shall surrender and yield up said premises to Lessor in connection with such repairslike good condition and repair. Landlord has Lessee’s obligation of repair and maintenance of the premises, as herein provided, is absolute, and is without regard to the cause of the disrepair or the reason for the required repair, as it is conclusively presumed herein that all disrepair, defects within the premises, or repairs or work required by any governmental agency to be performed within the premises to have occurred during Lessee’s occupancy or possession of the premises, and proximately caused by Lessee’s activities within the premises. Lessee acknowledges that Lessor shall have no obligation whatsoever to repair or remediate, or pay for the repair or remediation of the premises during or arising out of Lessee’s possession or occupancy of the premises, except, and has made no promise only to alterthe extent, remodelwhere the disrepair or required remediation of the premises, improveor any portion thereof, is caused directly by Lessor’s gross negligence or willful misconduct during the term of the lease. If Lessee shall fail to make such repairs or remediation within a reasonable time as determined by Lessor, or should in any manner fail to perform the covenants hereof, then Lessor may, at his sole option, but without any obligation to do so, enter upon the premises and repair or remediate the same as in Lessor’s reasonable discretion may be necessary, and the cost and expenses of such repair shall be added to the next succeeding installment of rent, and if not so paid this lease may at the option of Lessor be declared breached, in the same manner as for non-payment of rent. Lessee hereby consents to, and permits, Lessor’s entry into the premises for the purpose of remediaton or repair, decorate and hereby waives all claims of any kind or paint nature against Lessor, his agents or employees, for any damage to the Premises premises, or to Lessee, his business or property, by reason of, or arising from, Lessor’s exercise of his right and option hereunder to repair or remediate the premises. Prior to the commencement of repair, remediation or any part thereof work within or about the premises, Lessee shall submit to Lessor, for Lessor’s approval, written detailed plans for such work. Failure of Lessor to disapprove said plans in writing within ten (10) business days of presentation of said plans shall be deemed Lessor’s approval thereof. All such work shall be performed in strict compliance with plans approved by Lessor, and no representations respecting the condition completed work shall be subject to Lessor’s reasonable approval. Failure of Lessor to approve the completed work within ten (10) business days of written notice from Lessee of completion of said work shall be deemed Lessor’s approval thereof. In the event Lessor, in his reasonable discretion, requires modification, alteration or further repair of the Premises completed work, Lessee shall forthwith comply with Lessor’s requirements at Lessee’s sole cost and expense. There shall be no abatement of rent, or waivers or compromises of any of Lessee’s obligations hereunder during the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for any repairs to period of repair or remediation of the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereunderpremises under this paragraph.
Appears in 1 contract
Repairs. (a) Landlord shall maintain, maintain in a timely manner, first-class condition and operating order and keep in good repair and condition the public structural portions of the Building in accordance with the standards of Class A office buildings in the central business district of the City of Detroit, including but not limited to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, including the fire foundation, floor/ceiling slabs, roof structure (as opposed to roof membrane), curtain wall, exterior glass and life safety systemsmullions, columns, beams, shafts (including elevator shafts), stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, Building mechanical, HVACelectrical and telephone closets, plumbing and electrical equipment servicing the Premises all common and public areas (collectively, "Building Structure") and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the "Building Systems") and the common areas servicing the Development, Project Common Areas. Notwithstanding anything in good order and condition as reasonably determined by Landlord and the cost shall be included in Expenses, except for the repairs due to fire and other casualties (this Lease to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, howevercontrary, Tenant shall be responsible required to pay repair the cost of replacement of light bulbs and fluorescent tubes in Building Structure and/or the Premises.
(b) Subject Building Systems to the provisions of Section 7(a) hereof and the other provisions of this Lease, Tenant shall keep the Premises and every part thereof in good condition and repair, reasonable wear and tear and damaged extent caused by Landlord or resulting from Landlord’s default under this Lease excepted. Except as otherwise set forth in this Lease, Tenant hereby waives all rights due to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition Tenant's use of the Premises or the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for any repairs other than normal and customary business office operations, unless and to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are extent such damage is covered by the insurance carried carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). Tenant shall, at Tenant's own expense, keep the entire Premises (specifically including, without limitation, the following: (x) all "Tenant Improvements" constructed pursuant to the Tenant Work Letter attached to this Lease as Exhibit B , all "Alterations," as that term is defined in Article 8, below, (y) the floor or floors of the Building on which the Premises are located, and (z) interior glass, doors, frames, hardware, locks, light bulbs, ballasts, and all other improvements, fixtures and furnishings within the Premises) in good order, repair and condition at all times during the Lease Term; provided, however, Tenant's obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In addition, Tenant shall, at Tenant's own expense, but XXXXXX REALTY 57198 I.06/WLA 0000 Xxxxxxxxx Xxxxx K4064-066/6-8-04/pjr/pjr -21-[STMicroelectronics, Inc.] under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's option, or if Tenant fails to make such repairs, Landlord may (after written notice to Tenant and Tenant's failure to (A) commence repair within five (5) business days thereafter, or (B) diligently pursue the such repair to completion), but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same; provided further, however, that any such repairs to the Building Structure and the Building Systems which are required to be performed by Tenant pursuant to the BS/BS Exception shall be under the supervision and subject to the prior approval of Landlord. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall reasonably desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord shall be performed in a manner so as not to materially interfere with Tenant's use of, or access to, the Premises; provided that, with respect to items (ii) and (iii) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant's use of or access to, the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.
Appears in 1 contract
Samples: Sublease Agreement (Affymetrix Inc)
Repairs. (a) Landlord Except for ordinary janitorial maintenance which shall maintainbe furnished by Lessor five days per week on a regularly scheduled basis, in a timely mannerwhich scheduled days may be modified from time to time, and except for maintenance of Building systems, Lessee shall, at its sole cost and expense, keep and maintain the public portions of the Building in accordance with the standards of Class A office buildings in the central business district of the City of DetroitPremises and appurtenances and every part thereof, including but not limited to any lobbieswithout limitation walls, stairsfloors, elevatorsceilings, corridors doors, solar control tinting on interior windows, electrical facilities and restrooms, together with equipment within the windows and Premises (except exterior walls, windows and roofs, foundations and structure itself of the Building, the fire and life safety systems, mechanical, HVAC, plumbing and electrical equipment servicing the Premises and the Building and the common areas servicing the Development), in good order and sanitary order, condition and repair. By entry hereunder, Lessee accepts the Premises as reasonably determined by Landlord being in good and the cost shall be included in Expensessanitary order, condition and repair, except for the repairs due list of items to fire be mutually agreed upon in writing by Lessor and other casualties Lessee, delivery of Lessee's preliminary list of said items to occur no later than twenty (to 20) days following Lessee's occupancy of the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbsPremises, and fluorescent tubes in except for defects not discoverable by inspection, and agrees on the Building; provided, however, Tenant shall be responsible to pay last day of the cost term of replacement this Lease or earlier termination of light bulbs and fluorescent tubes in the Premises.
(b) Subject this Lease pursuant to the provisions of Section 7(a) hereof hereof, to surrender to Lessor said Premises with said appurtenances in the same condition as when received, excepting normal wear and tear or destruction by casualty. Except as set forth to the other provisions of contrary in this Lease, Tenant shall keep in the event that the provisions of any statute, law, ordinance or governmental rule, regulation or requirement now in force and effect, or hereafter enacted or promulgated by any federal, state or local authority, requires by reason of Lessee's use of the Premises any alterations, additions, improvements, repairs, deletions or other modifications or acts of any kind to be done to the Premises or any part thereof, the same shall be done at the sole cost and every part thereof in good condition and repairexpense of Lessee, reasonable wear and tear and damaged caused excluding any structural changes not related to or affected by Landlord Lessee's alterations, additions, improvements, repairs, deletions or resulting from Landlord’s default under this Lease exceptedother modifications or acts. Except as otherwise specifically set forth in this Lease, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made it is specifically understood and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord agreed that Lessor has no obligation and has made no promise promises to alter, remodel, improve, repair, decorate decorate, paint or paint otherwise modify the Premises Premises, or any part thereof thereof, and that no representations respecting the condition of the Premises or the Building have been made by Landlord Lessor to Tenant except as expressly set forth hereinLessee. Tenant will pay for any repairs If Lessee fails to perform Lessee's obligations hereunder, Lessor may, at Lessor's option, enter the Premises and put the same in good order, condition and repair, and the cost arising or in connection therefrom shall become due and payable as additional rental by Lessee to Lessor upon demand, but nothing contained in this sentence shall be deemed to impose any duty upon Lessor, or affect in any manner the obligations placed upon Lessee, as a result of Lessor's action. Except in the event Lessor or its agents is determined to have been grossly negligent or to have exhibited willful misconduct, there shall be no abatement or reduction of rental or other amounts due under this Lease, by reason of injury to or interference with Lessee's use of the Premises arising from or in connection with the making of alterations, additions, improvements, repairs, deletions or other modifications in or to any portion of the Building or the Development made necessary by any negligence Premises, or carelessness in or to fixtures, appurtenances, improvements, equipment or other property therein, nor liability of Tenant Lessor arising therefrom or its employees or persons permitted in the Building or the Development by Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereunderconnection therewith.
Appears in 1 contract
Repairs. (a) Landlord shall maintain, in a timely manner, By entry hereunder Tenaxx xxxepts the public portions of the Building in accordance with the standards of Class A office buildings Premises as being in the central business district of condition in which Landlord is obligated to deliver the City of DetroitPremises, including but not limited subject to any lobbiesapplicable provisions of Exhibit "C"; except for any defects which Tenaxx xxxcribes in any "punch-list" described in Exhibit "C" and latent Building defects. Tenant shall deliver written notice of any latent Building defect to Landlord within ten (10) business days following Tenaxx'x xiscovery thereof, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, the fire and life safety systems, mechanical, HVAC, plumbing and electrical equipment servicing the Premises and the Building and the common areas servicing the Development, in good order and condition as reasonably determined by Landlord and the cost Tenaxx'x xailure to deliver such notice shall be included in Expenses, except for deemed an admission by Tenant that the repairs due to fire and other casualties (to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord in fullsubject defect was not a latent defect. Landlord shall be responsible to supply promptly investigate and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes repair any defects identified in the Building; providedLatent Building Defect Notice which exist and shall diligently pursue such repair to completion. Tenant shall, howeverat all times during the Term and at Tenant's sole cost and expense, keep the Premises (including, without limitation, any Tenant shall be responsible to pay Improvements, Alterations (including the cost of replacement of light bulbs antennae described in Section 42 below) and fluorescent tubes Tenant's furniture, fixtures, equipment and personal property in the Premises.
(b) Subject to the provisions of Section 7(a) hereof and the other provisions of this Lease, Tenant shall keep the Premises and every part thereof in good condition and repairrepair (regardless of the cost therefor and/or the time remaining on the Term), reasonable ordinary wear and tear and damaged tear, damage thereto by fire (unless caused by Landlord or resulting from Landlord’s default under this Lease contributed to by Tenant), earthquake, act of God or the elements excepted. Except as otherwise set forth in this Lease, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all lawsrights under Sections 1932(1), ordinances 1941 and regulations1942 of the California Civil Code or any successor statute. Tenant shall provide at the end of the Term surrender to Landlord with unconditional lien waivers the Premises and all Alterations thereto that are to remain in the Premises in the same condition as when received, ordinary wear and tear and damage by fire (unless the same is caused by or contributed to by Tenant), earthquake, act of God or the elements excepted. Tenant shall remove all of its personal property and equipment from all contractorsthe Premises prior to the expiration of the Term or earlier termination of this Lease, subcontractors and materialmen providing services if Tenant fails to remove the same, Landlord may do so and store or furnishing material to or for Tenant in connection with such repairsdispose of the same at Tenant's sole cost. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no Premises, except as specifically otherwise provided in this Lease. No representations respecting the condition of the Premises Premises, the Building or the Building Project have been made by Landlord to Tenant Tenant, except as expressly set forth herein. Tenant will pay for any repairs to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted specifically provided in the Building or the Development by Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereunderthis Lease.
Appears in 1 contract
Samples: Office Lease (Act Networks Inc)
Repairs. (a) Landlord shall maintain, at all times during the Lease Term maintain in a timely manner, good condition and operating order the public structural portions of the Building in accordance with (including, the standards of Class A office buildings in the central business district structural portions of the City of DetroitThird Floor Balconies), including but not limited to any lobbiesincluding, without limitation, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, corridors base building restrooms and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Buildingall Common Areas (collectively, the fire “Building Structure”), and life safety systems, the base building mechanical, HVACelectrical, plumbing life safety, plumbing, sprinkler and electrical equipment servicing HVAC facilities installed or furnished by Landlord (but specifically excluding therefrom any HVAC facilities which exclusively serve the Premises and which shall be the sole responsibility of Tenant) (collectively, the “Building Systems”). Except as specifically set forth in this Lease to the contrary, Tenant shall not be required to repair the Building and Structure and/or the common areas servicing the Development, in good order and condition as reasonably determined by Landlord and the cost shall be included in Expenses, Building Systems except for the repairs due to fire and other casualties (to the extent required because of (i) Tenant’s use of the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord Premises in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, however, Tenant shall be responsible to pay the cost of replacement of light bulbs and fluorescent tubes in the Premises.
(b) Subject to the provisions of Section 7(a) hereof and the other provisions violation of this Lease, (ii) any Alterations constructed by or for Tenant’s benefit or (iii) subject to Article 11, due to damage caused by Tenant. Tenant shall, at Tenant’s own expense, pursuant to the terms of this Lease, including without limitation Article 8 hereof, keep the Premises, including all improvements, fixtures and furnishings therein, all systems and equipment therein and any HVAC facilities which exclusively serve the Premises (collectively, the “Maintenance Items”), in good order, repair and condition at all times during the Lease Term. Tenant shall keep be permitted access to the Premises roof of the Building in order to repair and every part thereof maintain the existing HVAC facilities exclusively serving the Premises, provided that Tenant shall be solely responsible for any damage caused to the roof in good condition connection therewith. In addition, Tenant shall, at Tenant’s own expense, and repairsubject to the prior approval and satisfaction of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, including without limitation Article 8 hereof, promptly and adequately repair all damage to the Premises, Building or Project caused by or in connection with Tenant’s use thereof, the use of Tenant’s agents or employees, or the removal of any articles of personal property, business or trade fixtures, machinery, equipment, cabinetwork, furniture, movable partitions or permanent improvements or additions, including repairing the floor and patching and painting the walls where required by Landlord to Landlord’s reasonable satisfaction and to replace or repair all damaged, broken, or worn fixtures and appurtenances and/or Maintenance Items, except for damage caused by ordinary wear and tear and damaged caused by Landlord or beyond the reasonable control of Tenant or damage resulting from casualty, which shall be governed by Article 11 of this Lease. In addition, Tenant covenants and agrees that Tenant shall, at Tenant’s sole cost, maintain all Maintenance Items in accordance with specifications set forth in their respective then currently updated operating manuals and shall, upon request from Landlord, provide certifications or other documentation acceptable to Landlord that the such Maintenance Items have been and are being maintained to such operating manual specifications; provided however, that, at Landlord’s default under this Lease excepted. Except option, or if Tenant fails to make such repairs and/or maintain any Maintenance Items as otherwise required herein, beyond the expiration of any applicable notice and cure periods expressly set forth in this Lease, Landlord may (subject to Article 27), but need not, exercise its rights in accordance with Article 26, below, and Tenant shall pay Landlord a percentage of the cost thereof sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses in connection therewith (in addition to Tenant’s reimbursement obligation under Section 26.1). Tenant hereby waives all rights the right to make repairs at Landlord’s expense under the provisions of any laws permitting repairs by a tenant at the expense of Landlord or in lieu thereof to vacate the Premises except as provided extent allowed by law, statute in that Landlord and Tenant have by this Lease made specific provision for such repairs and have defined their respective obligations relating thereto and Tenant expressly waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or otherwise under any similar law, statute, or ordinance now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for any repairs to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereunder.
Appears in 1 contract
Samples: Office Lease (TrueCar, Inc.)
Repairs. (a) Landlord Landlord’s obligation with respect to repair as part of Basic Services shall maintain, in a timely manner, the public portions of the Building in accordance with the standards of Class A office buildings in the central business district of the City of Detroit, including but not be limited to any lobbies, stairs, elevators, corridors and restrooms, together with (i) the windows and exterior walls, roofs, foundations and structure itself structural portions of the Building, (ii) the fire exterior walls of the Building, including, without limitation, glass and glazing, (iii) the roof, (iv) heating, ventilation, air conditioning, mechanical, electrical, plumbing and life safety systems, mechanical, HVAC, plumbing and electrical equipment servicing (v) Common Areas. Landlord shall not be deemed to have breached any obligation with respect to the Premises condition of any part of the Project unless Tenant has given to Landlord written notice of any required repair and Landlord has not made such repair within a reasonable time following the Building and the common areas servicing the Development, in good order and condition as reasonably determined receipt by Landlord and of such notice. The foregoing notwithstanding: (i) Landlord shall not be required to repair damage to any of the cost shall be included in Expenses, except for the repairs due to fire and other casualties (foregoing to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned caused by the acts or omissions of TenantTenant or it agents, which employees or contractors, except to the extent covered by insurance carried by Landlord; and (ii) the obligations of Landlord pertaining to damage or destruction by casualty not caused by the acts or omissions of Tenant or its agents or employees shall pay to Landlord in fullbe governed by the provisions of Paragraph 9. Landlord shall be responsible have the right but not the obligation to supply undertake work of repair that Tenant is required to perform under this Lease and pay that Tenant fails or refuses to perform in a timely and efficient manner. All reasonable costs incurred by Landlord in performing any such repair for the replacement account of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, however, Tenant shall be responsible repaid by Tenant to pay Landlord upon demand, together with an administration fee equal to five percent (5%) of such costs. Except as expressly provided in Paragraph 9 of this Lease, there shall be no abatement of Rent and no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the cost making of replacement any repairs, alterations or improvements in or to any portion of light bulbs and fluorescent tubes in the Premises, the Building or the Project. Tenant waives the right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Section 1942 and any successive sections or statutes of a similar nature).
(b) Subject Tenant, at its expense, (i) shall keep the Premises and all fixtures and personal property contained therein in a safe, clean and neat condition, and (ii) shall bear the cost of maintenance and repair, by contractors selected by Landlord, of all facilities which are not expressly required to be maintained or repaired by Landlord and which are located in the Premises, including, without limitation, lavatory, shower, toilet, wash basin and kitchen facilities, and supplemental heating and air conditioning systems (including all plumbing connected to said facilities or systems installed by or on behalf of Tenant or existing in the Premises at the time of Landlord’s delivery of the Premises to Tenant). Tenant shall make all repairs to the provisions Premises not required to be made by Landlord under subparagraph 5(a) above with replacements of Section 7(aany materials to be made by use of materials of equal or better quality. Tenant shall do all decorating, remodeling, alteration and painting required by Tenant during the Lease Term. Tenant shall pay for the cost of any repairs to the Premises, the Building or the Project made necessary by any negligence or willful misconduct of Tenant or any of its assignees, subtenants, employees or their respective agents, representatives, contractors, or other persons permitted in or invited to the Premises or the Project by Tenant. If Tenant fails to make such repairs or replacements within fifteen (15) hereof business days after written notice from Landlord, Landlord may at its option make such repairs or replacements, and Tenant shall upon demand pay Landlord for the other provisions cost thereof, together with an administration fee equal to five percent (5%) of such costs.
(c) Upon the expiration or earlier termination of this Lease, Tenant shall keep surrender the Premises in a safe, clean and every part thereof in good condition and repairneat condition, reasonable normal wear and tear and damaged caused by Landlord or resulting from Landlord’s default under this Lease excepted. Except as otherwise set forth in Paragraph 4(b) of this Lease, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate shall remove from the Premises except as provided by lawall trade fixtures, statute or otherwise now or hereafter in effect. All repairs made furnishings and other personal property of Tenant and all computer and phone cabling and wiring installed by or on behalf of Tenant, shall repair all damage caused by such removal, and shall restore the Premises to its original condition, reasonable wear and tear excepted. In addition to all other rights Landlord may have, in the event Tenant does not so remove any such fixtures, furnishings or personal property, Tenant shall be made and performed deemed to have abandoned the same, in such manner as which case Landlord may designate, by contractors store or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition dispose of the Premises or the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for any repairs to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by same at Tenant’s expense, unless appropriate the same are covered by for itself, and/or sell the insurance carried or required to be carried by Landlord hereundersame in its discretion.
Appears in 1 contract
Repairs. (a) Landlord shall maintain, at all times during the Lease Term maintain in good condition and operating order and in a timely mannermanner reasonably commensurate with the maintenance standards of owners of First Class Buildings, the public structural portions of the Building in accordance with the standards of Class A office buildings in the central business district of the City of Detroit, including but not limited to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, including, without limitation, the fire foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and life safety systemsall Common Areas (collectively, the “Building Structure”), and the Base Building mechanical, HVACelectrical, plumbing life safety, plumbing, sprinkler and electrical equipment servicing HVAC systems installed or furnished by Landlord (collectively, the “Building Systems”). Except as specifically set forth in this Lease to the contrary, Tenant shall not be required to repair the Building Structure and/or the Building Systems except to the extent required because of Tenant’s use of the Premises. Tenant shall, at Tenant’s own expense, pursuant to the terms of this Lease, including without limitation, Article 8 hereof, keep the Premises, including all improvements, fixtures and furnishings therein, and the floor or floors of the Building on which the Premises are located, in good order, repair and condition (ordinary wear and tear excepted) at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior reasonable approval of Landlord, pursuant to the terms of this Lease, including without limitation Article 8 hereof, promptly and adequately repair all damage to the Premises and the Building replace or repair all damaged, broken, or worn fixtures and the common areas servicing the Development, in good order and condition as reasonably determined by Landlord and the cost shall be included in Expensesappurtenances, except for damage caused by ordinary wear and tear or beyond the repairs due reasonable control of Tenant; provided however, that, at Landlord’s option, or if Tenant fails to fire and other casualties (commence to the extent the cost of make such repairs are covered by insurance proceedswithin ten (10) business days following notice from Landlord, Landlord may, but need not, make such repairs and for the repair of damages occasioned by the acts or omissions of Tenantreplacements, which and Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, however, Tenant shall be responsible to pay the cost of replacement of light bulbs and fluorescent tubes in the Premises.
(b) thereof. Subject to the provisions of the final sentence of Section 7(a) hereof and the other provisions of this Lease6.4, Tenant above, Landlord may, but shall keep not be required to, enter the Premises and every part thereof at all reasonable times (upon no less than one (1) business day’s prior notice to Tenant, except in good condition and repairthe event of an emergency, reasonable wear and tear and damaged caused where no prior notice shall be required) to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by Landlord governmental or resulting from Landlord’s default under this Lease exceptedquasi-governmental authority or court order or decree. Except as otherwise set forth in this Lease, Tenant hereby waives any and all rights to make repairs at under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the expense of Landlord California Civil Code or in lieu thereof to vacate the Premises except as provided by under any similar law, statute statute, or otherwise ordinance now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for any repairs to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereunder.
Appears in 1 contract
Samples: Office Lease (FIGS, Inc.)
Repairs. (a) Landlord shall maintain, in a timely manner, the public portions of the Building in accordance with the standards of Class A office buildings in the central business district of the City of Detroit, including but not limited to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, the fire and life safety systems, mechanical, HVAC, plumbing and electrical equipment servicing the Premises and the Building and the common areas servicing the Development, in good order and condition as reasonably determined by Landlord and the cost shall be included in Expenses, except for the repairs due to fire and other casualties (to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord in fullSection 14.01. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, however, Tenant shall be responsible to pay the cost of replacement of light bulbs and fluorescent tubes in the Premises.
(b) Subject to the provisions of Section 7(a) hereof and the other provisions of this Lease, Tenant shall keep the Premises and every part thereof -------------- in good condition and repairrepair at all times during the Term and at Tenant's sole cost and expense. If Tenant fails to make such repairs promptly, reasonable wear Landlord, at its option, may make such repairs, and tear and damaged caused by Tenant shall pay Landlord or resulting from on demand Landlord’s default under this Lease excepted's actual costs in making such repairs. Except as otherwise set forth in this LeaseNotwithstanding the foregoing, Tenant hereby waives all rights shall have no obligation to make repairs at maintain or repair any portion of the expense Building which is not part of the Premises; provided, however, that Tenant shall reimburse Landlord for any actual costs incurred for maintenance or in lieu thereof repair of any such portion of the Building if such maintenance or repair is necessitated by the negligent acts or omissions of Tenant. At the end of the Term, Tenant shall surrender to vacate Landlord the Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all lawsalterations, ordinances additions and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material improvements thereto subject to or for Tenant in connection with such repairsthe provisions of Article 20 hereof. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate redecorate, or paint the Premises or any part thereof and no thereof, except as specifically set forth in this lease. No representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as expressly specifically set forth herein. Tenant will pay for any repairs in this lease.
(a) Subject to the Premises or other provisions of this lease imposing obligations in this respect upon Tenant, and subject to the provisions of Articles 16 and 17 hereof, Landlord shall repair, replace, and maintain (i) the external and structural parts of the Building, (ii) all common and public areas of the Building or (including the Development made necessary by any negligence or carelessness parking garage), and (iii) the HVAC, mechanical, electrical and plumbing systems of Tenant or its employees or persons permitted in the Building exclusive of systems, if any, specially installed by or on behalf of any tenant; provided that, the Development HVAC, mechanical, electrical and plumbing systems of the Building to be installed by TenantLandlord under the terms of this lease or under the terms of Exhibit C hereto shall not be deemed to have been "specially installed by or on behalf of any tenant" for purposes of this Section 14.02 (other than the supplemental air- conditioning chiller which Landlord shall initially install for Tenant at Landlord's cost and expense, unless which chiller Tenant shall maintain and repair during the Term but need not replace).
(b) Nothing contained in this Section 14.02 shall preclude Landlord from including in Basic Costs (pursuant to Sections 6.02 and 6.03) any of the costs and expenses referred to herein to the extent the same are covered by within the insurance carried or required to be carried by Landlord hereunderdefinition of Basic Costs.
Appears in 1 contract
Repairs. (a) Landlord shall maintain[IN CLAUSES 18, in a timely manner19 AND 28, the public portions of the Building in accordance with the standards of Class AS BETWEEN THE COUNCIL AND EFS, A office buildings in the central business district of the City of DetroitDISCUSSION ON THE SCOPE OF RESPECTIVE RESPONSIBILITY FOR INTERNAL/EXTERNAL PARTS OF THE PROPERTY AND RESPONSIBILITY FOR THE ROADS AND PATHWAYS IN THE PROPERTY, including but not limited to any lobbiesTHE PERIMETER FENCE AROUND THE PROPERTY, stairsALL GATES, elevatorsSECURITY BARRIERS WITHIN THE PROPERTY, corridors and restroomsALL EXTERNAL LIGHTING AROUND THE PROPERTY AND BOILERS WITHIN THE PROPERTY, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, the fire and life safety systems, mechanical, HVAC, plumbing and electrical equipment servicing the Premises and the Building and the common areas servicing the Development, in good order and condition as reasonably determined by Landlord and the cost shall be included in Expenses, except for the repairs due to fire and other casualties (to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, however, Tenant shall be responsible to pay the cost of replacement of light bulbs and fluorescent tubes in the PremisesWILL WAIT UNTIL THE INITIAL DILAPIDATIONS SURVEY IS COMPLETE.]
(b) Subject to the provisions of Section 7(a) hereof and the other provisions of this Lease, 18.1 [SCOPE PARKED PURSUANT TO NOTE AT THE START OF CLAUSE 18] The Tenant shall keep the Premises interior of the buildings comprised in the Property (collectively “Items Within the Tenant’s Responsibility”) clean and every part thereof tidy and in good repair and condition and repair, reasonable wear shall ensure that any Service Media within and tear and damaged exclusively serving the Property is kept in good working order.
18.2 [SCOPE PARKED PURSUANT TO NOTE AT THE START OF CLAUSE 18] To the extent that any disrepair to Items Within the Tenant’s Responsibility has been caused by Landlord or resulting from Landlord’s default under this Lease excepted. Except as otherwise set forth in this Leasean Insured Risk, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made either make good the disrepair out of its own monies or make a claim on its policies of insurance and performed in such manner as Landlord may designate, by contractors to lay out and expend any insurance proceeds on making good the disrepair and shall make up any want or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for any repairs to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted deficiency in the Building or the Development by Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereundercosts of repairs out of its own monies.
Appears in 1 contract
Samples: Lease Agreement
Repairs. (a) Landlord Tenant shall maintainbe responsible for and keep all parts of the demised premises and the appurtenances thereto in good, safe, tenantable condition, slightly in a timely mannerappearance, the public and in good order and repair. This article shall not abrogate Landlord's responsibilities for repairs to all portions of the Building demised premises where the need for such repairs is attributable to Landlord's act, acts and/or negligence or when such repairs are expressly made the responsibility of Landlord under another article of this lease, including, without limiting the generality of the foregoing, the articles hereof, captioned "DAMAGE CLAUSE" and "CONDEMNATION". Landlord shall in no event be required to make any repairs, replacements or corrections which are necessitated by (i) ordinary wear and tear to the applicable improvements, (ii) abuse or faulty maintenance by Tenant, its agents or employees or (iii) acts of the Tenant, its agents or employees. Landlord shall not be liable for any damage to the building or Tenant's fixtures, installations or improvements which occur ten (10) days after the date Tenant has actual knowledge of a breach by Landlord of an obligation to repair hereunder but before the date Tenant gives written notice to Landlord setting forth such breach, provided such damage could have been avoided if such notice were given. DAMAGE CLAUSE If the whole or any part of any building or other improvement located upon the demised land shall during the term hereof, be damaged or destroyed by fire or other casualty required to be insured against by Tenant hereunder, Tenant shall, subject to Unavoidable Delays,, promptly remove any resulting debris and repair, restore or rebuild the damaged or destroyed improvements substantially in accordance with the standards of Class A office buildings in plan or plans pursuant to which such property was constructed and to a condition whereby they will have a value not less than their value just prior to said loss. In the central business district of the City of Detroit, including but not limited to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, the fire and life safety systems, mechanical, HVAC, plumbing and electrical equipment servicing the Premises and the Building and the common areas servicing the Developmentevent Tenant, in good order and condition as reasonably determined faith, is disputing with its insurer the amount of loss payable to Tenant by Landlord and the cost shall be included in Expensessaid insurer, except for the repairs due to fire and other casualties (to the extent the cost of such repairs are covered by insurance proceeds) and for that reason the repair of and restoration work required hereunder is delayed, Tenant hereby agrees that Tenant shall indemnify Landlord for Landlord's damages occasioned by the acts or omissions of Tenant, which such delay. Tenant shall pay not be obligated to Landlord in full. Landlord shall be responsible to supply and pay for perform the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, however, Tenant shall be responsible to pay the cost of replacement of light bulbs and fluorescent tubes in the Premises.
(b) Subject to the provisions of Section 7(a) hereof and the other provisions of this Lease, Tenant shall keep the Premises and every part thereof in good condition and repair, reasonable wear and tear and damaged caused by Landlord or resulting from Landlord’s default under this Lease excepted. Except as otherwise undertakings set forth in this Leaseparagraph unless and until Landlord has delivered to Tenant or caused to be delivered to Tenant, without cost to Tenant, a complete set of the as-built plans and specifications for the damaged or destroyed improvements. Anything herein to the contrary notwithstanding, it is understood and agreed that, if such damage or destruction of the type provided for in the preceding paragraph of this article shall have taken place at a time when the term (or the extended term) of this lease is scheduled to expire within a period of three (3) years thereafter, then, and in such event, Tenant hereby waives all rights shall have the right and option to make repairs at terminate the expense term of this lease, by giving Landlord notice of its election so to do within 90 days after such damage or destruction shall have taken place, and if such notice is given the term of this lease shall terminate as of the last day of the month immediately following the month during which such notice shall have been given. Tenant shall be under no duty to restore or rebuild any building or other improvement located upon the demised land if the term of this lease shall be terminated under the provisions of this article, except that Tenant agrees to restore the building or other improvement to an architectural whole, or in lieu thereof thereof, Tenant may deliver the insurance proceeds to vacate the Premises except Landlord (or, if Tenant is self-insured, an amount equal to what such proceeds would presumably have been had insurance been maintained as provided by law, statute or otherwise now or hereafter for in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for any repairs to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereunderlease).
Appears in 1 contract
Repairs. (aA) Except as set forth in Paragraph 5(B) and subject to reimbursement under Article 3, Landlord shall maintaincause all necessary repairs to be made to the roof, in a timely manner, the public structural portions of the Building in accordance with and all existing Building systems, including the standards of Class A office buildings electrical and plumbing systems (including sprinklers) (excluding any equipment in the central business district of the City of Detroitlaboratories), including but not limited to any lobbiesexterior doors, stairs, elevatorswindows, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself other common areas of the Building, the fire and life safety systems, mechanical, HVAC, plumbing and electrical equipment servicing the Premises and the Building and the common areas servicing Project and Landlord shall cause the Development, in good order and condition as reasonably determined by Landlord Building and the cost Project to be kept in a safe, clean and neat condition and shall be included use reasonable efforts to keep all equipment used in Expensescommon with other tenants (such as plumbing, except for the repairs due to fire heating, air conditioning and other casualties (to the extent the cost of such repairs are covered by insurance proceedssimilar equipment) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, however, Tenant shall be responsible to pay the cost of replacement of light bulbs and fluorescent tubes in the Premises.
(b) Subject to the provisions of Section 7(a) hereof and the other provisions of this Lease, Tenant shall keep the Premises and every part thereof in good condition and repair. Although Landlord will make direct payments for these repairs, reasonable wear Tenant’s obligation to pay its share of increase in Project Operating Expenses (to the extent set forth in Article 3) which will supply funds to Landlord to pay for certain of these repairs will not be diminished. For the first year of the Term, Landlord shall be responsible for the repair and tear maintenance of all HVAC equipment at the Premises; however, following the expiration of the first year of the Term, Tenant shall be solely responsible for all HVAC units and damaged caused components with respect to any lab areas of the Premises and any other areas that are serviced by the same HVAC system. In no event shall Landlord be responsible for any hoods or resulting from Landlord’s default under this Lease exceptedother equipment in the lab area of the Premises, regardless of the date of installation. Except as otherwise set forth in this Lease, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant shall may be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as expressly set forth herein, there shall be no abatement of Rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Project or in or to fixtures, appurtenances and equipment therein or thereon.
(B) Tenant agrees that all repairs to the Premises not required above to be made by Landlord and all decorating, remodeling, alteration and painting required by Tenant during the term of this Lease, if approved by Landlord, shall be made by Landlord at the sole cost and expense of Tenant. Tenant will pay for any repairs to the Premises or Premises, the Building or the Development Project made necessary by any negligence or carelessness willful acts or omissions of Tenant or its assignees, subtenants, employees or their respective agents or other persons permitted in the Building or on the Development Project by Tenant, unless or any of them, and Tenant will maintain the same are covered by Premises, and, upon termination of this Lease, will leave the insurance carried or required to be carried by Landlord hereunderPremises in a safe, clean, neat and sanitary condition.
Appears in 1 contract
Samples: Lease Agreement (Cytosorbents Corp)
Repairs. Subject to clause 23.10, the Tenant accepts the Property at the Date of Entry in the condition shown in the Ingo Schedule of Condition and fit for the purpose for which it is let and undertakes at all times throughout the Term at the Tenant's expense and to the reasonable satisfaction of the Landlord to repair, maintain, decorate, cleanse, glaze, point and where necessary (due to the same being beyond economic repair) renew, rebuild and reinstate and generally in all respects to look after the Property and every part thereof with all necessary maintenance, cleansing and rebuilding and renewal works and amendments whatsoever damage by any Insured Risks for which the Landlord is indemnified under any insurance policy effected hereunder being excepted from this obligation save to the extent that the payment of insurance monies shall have been refused or withheld in whole or in part by reason of the act, neglect, default or omission of the Tenant or any other person for whom the Tenant is legally responsible and the Tenant has not made good the amount rendered so irrecoverable in terms of clause 9.3 (f) and save further for any excesses payable under such policy or policies. Provided that (a) in the event of any works being required under this clause 23.1 which do or may also affect any neighbouring or adjoining property of the Landlord, the Tenant shall be bound to give written notice thereof to the Landlord as soon as reasonably practicable and the works shall maintainbe carried out by or as shall be directed by the Landlord but without prejudice to the Tenant's liability to meet the proper and reasonable cost or an appropriate share thereof as determined by the Landlord’s Surveyor on a fair and equitable basis and (b) in carrying out any works whatsoever to the Property the Tenant shall use best quality appropriate materials and (c) any warranty by the Landlord, whether express or implied and whether under statute or common law or otherwise that the Property is reasonably fit for the purpose for which it is let is expressly excluded. The Tenant shall not be liable to repair, reinstate, renew or rebuild the Property or any part thereof to the extent that the costs of remedying any disrepair, reinstating, renewing or rebuilding are recoverable by the Landlord pursuant to the Policy. The Tenant shall keep the external areas of the Property in a timely mannerclean and tidy condition and not allow any rubbish or waste to be left there. The Tenant shall keep in repair all Service Media exclusively serving the Property and indemnify the Landlord and its tenants against all liability howsoever arising from any failure to repair or the misuse or overloading of such Service Media. The Tenant shall as soon as reasonably practicable repair or replace (where the same is beyond economic repair) by new articles of a similar kind and quality any Landlord’s fixtures, fittings, lifts, boilers, plant, machinery or equipment on or in the public portions Property needing repair or replacement. The Tenant shall keep all windows and glass of the Building Property clean both inside and outside and unobstructed. The Tenant shall keep all rubbish and waste enclosed in accordance with suitable receptacles situated in such areas as may be designated by the standards of Class A office buildings in the central business district Landlord, acting reasonably and to empty such receptacles as often as reasonably practicable and to keep any part or parts of the City of Detroit, including but not limited to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself land forming part of the BuildingProperty as may from time to time be unbuilt upon in proper, the fire neat and life safety systems, mechanical, HVAC, plumbing and electrical equipment servicing the Premises and the Building and the common areas servicing the Development, in good tidy order and condition as reasonably determined by Landlord and the cost shall be included in Expenses, except for the repairs due to fire and other casualties (all to the extent satisfaction of the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of TenantLandlord, which acting reasonably. The Tenant shall pay to the Landlord in full. any reasonable costs properly incurred by the Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, however, Tenant shall be responsible to pay the cost of replacement of light bulbs and fluorescent tubes in the Premises.
(b) Subject to the provisions of Section 7(a) hereof and the other provisions of this Lease, Tenant shall keep the Premises and every part thereof in good condition and repair, reasonable wear and tear and damaged caused by Landlord or resulting from Landlord’s default under this Lease excepted. Except as otherwise set forth in this Lease, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, the repair, decorate maintenance, resurfacing or paint renewal of any neighbouring or adjoining premises occasioned by the Premises act, neglect, default or omission of the Tenant any other person for whom the Tenant is legally responsible. The Tenant shall give written notice to the Landlord as soon as reasonably practicable upon becoming aware of any want of repair or any defect in the Property. Notwithstanding the foregoing, the Tenant shall not be obliged to: maintain any part thereof and no representations respecting the condition of the Premises Property to any better a standard than the standard evidenced by the Ingo Schedule of Condition nor remedy any defect or want of repair identified in the Building have Ingo Schedule of Condition, excepting the air conditioning unit, lower lock on the front door and the lift within the Premises, which the Tenant acknowledges are in good repair and condition (and, in the case of the lift, has been made recently serviced) and shall be maintained in such good repair and condition; remedy any damage caused by the Landlord to Tenant except as expressly set forth herein. Tenant will pay or those for whom they are legally responsible; remedy any repairs to the Premises or the Building or the Development made necessary damage caused by any negligence Uninsured Risks; repair or carelessness replace any of Tenant or its employees or persons permitted in the Building or double-glazed window units within the Development by Tenant, unless Property on account of any material deterioration of the same are covered by the insurance carried or required to be carried by Landlord hereunder.black film which they contain;
Appears in 1 contract
Samples: Lease Agreement
Repairs. (a) Landlord shall maintain, maintain in a timely manner, first-class condition and operating order and keep in good repair and condition the public structural portions of the Building in accordance with the standards of Class A office buildings in the central business district of the City of Detroit, including but not limited to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, including without limitation the fire foundation, floor/ceiling slabs, roof structure (as opposed to roof membrane), curtain wall, exterior glass and life safety systemsmullions, mechanicalcolumns, HVACbeams, plumbing shafts (including elevator shafts), stairs, parking areas, landscaping, exterior Project signage, stairwells, and electrical equipment servicing the Premises all common and public areas (collectively, “Building Structure”) and the Building base first-sprinkler systems which were not constructed by Tenant Parties and the common areas servicing the Development, in good order and condition as reasonably determined by Landlord and the cost shall be included in Expenses, except for the repairs due to fire and other casualties (to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the BuildingCommon Areas; provided, however, that to the extent such fire-sprinkler system (as existing as of the date of this Lease) is altered by Tenant, Tenant shall thereafter be responsible therefor (at which time any warranties relating to such system shall be transferred to Tenant); provided further, however, that until such time as Tenant becomes responsible for the base fire-sprinkler systems pursuant to the foregoing clause, all references to Building Structure shall be deemed to include such base fire-sprinkler system. Notwithstanding anything in this Lease to the contrary, Tenant shall be responsible required to pay repair the cost of replacement of light bulbs and fluorescent tubes in the Premises.
(b) Subject Building Structure to the provisions of Section 7(a) hereof and the other provisions of this Lease, Tenant shall keep the Premises and every part thereof in good condition and repair, reasonable wear and tear and damaged extent caused by Landlord or resulting from Landlorddue to Tenant’s default under this Lease excepted. Except as otherwise set forth in this Lease, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition use of the Premises or for other than normal and customary implementation of the Building have been made by Landlord to Tenant except business operations contemplated under Tenant’s Permitted Use (as expressly set forth herein. Tenant will pay for any repairs in Sections 6(i)-(iii) of the Summary), unless and to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are extent such damage is covered by the insurance carried carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the “BS Exception”). Tenant shall, at Tenant’s own expense, pursuant to the TCCs of this Lease (including, without limitation, Article 8 hereof) keep the Premises, including all improvements, fixtures and furnishings therein, the roof membrane, and the floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term (but such obligation shall not extend to the Building Structure, except pursuant to the BS Exception). In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances (but such obligation shall not extend to the Building Structure, except pursuant to the BS Exception), except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant’s failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord shall be performed in a manner so as not to materially interfere with Tenant’s use of, or access to, the Premises; provided that, with respect to items (ii) and (iii) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant’s use of, or access to, the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.
Appears in 1 contract
Samples: Office Lease (Dexcom Inc)
Repairs. (a) Landlord Lessor's and Lessee's Duties to Repair
8.01 Lessee shall maintain, maintain the Leased Premises in a timely manner, the public portions condition fit for its intended use and shall make all necessary repairs and Lessee shall make all repairs of the Building in accordance with the standards of Class A office buildings in the central business district Leased Premises occasioned by its negligent use of the City of Detroit, including but not limited to any lobbies, stairs, elevators, corridors and restrooms, together with Leased Premises. During the windows and exterior walls, roofs, foundations and structure itself of the Building, the fire and life safety systems, mechanical, HVAC, plumbing and electrical equipment servicing the Premises and the Building and the common areas servicing the Development, in good order and condition as reasonably determined by Landlord and the cost shall be included in Expenses, except for the repairs due to fire and other casualties (to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, however, Tenant shall be responsible to pay the cost of replacement of light bulbs and fluorescent tubes in the Premises.
(b) Subject to the provisions of Section 7(a) hereof and the other provisions term of this Lease, Tenant shall keep Lessee shall, at its sole cost and expense, maintain the Leased Premises and every part thereof the improvements thereon in good condition and repair, reasonable wear and tear and damaged caused by Landlord or resulting from Landlord’s default under this Lease excepteddepreciation accepted, and shall maintain all service areas within the Leased Premises in a clean and rubbish-free condition. Except as otherwise set forth in this Lessee shall, prior to the commencement of the Lease, Tenant hereby waives place the Leased Premises in a first class condition for operation. Lessee shall maintain all rights landscaped areas within the Leased Premises free from weeds, pruned and clipped, and not permit these landscaped areas to make repairs at the expense of Landlord or in lieu thereof become unsightly, overgrown, so as to vacate the Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers detract from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition of the Leased Premises. Lessee shall maintain any adjoining streets and the whole of such Leased Premises in a clean and sanitary condition, in accordance with all applicable state, city and county health and sanitation laws and ordinances and as directed by the proper public officials during the term of this Lease. Lessor shall not be called upon to make any improvements or repairs in or upon the Leased Premises during the term of this Lease except as expressly required or permitted herein. Provided, however, that any alteration, repair or change which may be required by law, regulation or rule resulting from non-compliance by Lessor with the terms of this Lease shall be the sole responsibility and expense of Lessor. Lessee covenants and agrees to pay promptly when due all claims for work and materials furnished in connection with its maintenance of such improvements, and shall not permit or suffer any liens or encumbrances to the Leased Premises. In the event Lessee shall default under this Section, as determined by Section 10.2(d) hereof, Lessor may, but shall not be obligated to, cure such default by undertaking any and all corrective work and Lessee shall reimburse Lessor for all costs and expenses Lessor thereby sustains. Lessor's Duty
8.02 Lessor guarantees that on the date of commencement of this Lease that the Leased Premises will have:
(1) Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors.
(2) Plumbing facilities that conform to applicable law in effect at the time of installation, maintained in good working order.
(3) A water supply approved under applicable law which is under the control of Lessee, capable of producing hot and cold running water, or a system which is under the control of Lessor, which produces hot and cold running water, furnished to appropriate fixtures and connected to a sewage disposal system under applicable law.
(4) Heating and cooling facilities which conform to applicable law at the time of installation, maintained in good working order.
(5) Electrical lighting, with wiring and electrical equipment that conform to applicable law at the time of installation, maintained in good working order.
(6) Building, grounds, and appurtenances at the time of the commencement of the lease in every part clean, sanitary, and free from all accumulations of debris, filth, rubbish, garbage, rodents, and vermin, and all areas under control of Lessor thereafter kept in every part clean, sanitary, and free from all accumulations of debris, filth, rubbish, garbage, rodents, and vermin.
(7) Floors maintained in good repair. Lessee's Duties Correlative to Lessor's Obligations
8.03 No duty on the part of the Lessor shall arise with respect to maintenance or repairs under this lease if Lessee is in substantial violation of any one or more of the following affirmative obligations:
(1) To keep its Leased Premises, which it occupies and uses, as clean and sanitary as is reasonable under the circumstances.
(2) To dispose from its Leased Premises all rubbish, garbage, and other waste, as is reasonable under the circumstances.
(3) Not to permit any person on the premises, with Lessee's permission, to willfully or wantonly destroy, deface, damage, impair, or remove any part of the Leased Premises or the Building have been made by Landlord facilities, equipment, or appurtenances thereto. Lessee's Right to Tenant except as expressly set forth herein. Tenant will pay Repair for any Lessor
(1) If within 30 days notice to Lessor of repairs or maintenance which Lessor has a duty to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenantrepair, unless and if Lessor neglects to make such repairs, Lessee may repair the same are covered by itself, where the insurance carried cost of the repairs does not require an expenditure greater than one month's rent of the premises, and deduct the expenses of such repairs from the rent. However, Lessee may not vacate the premises nor will Lessee be discharged from further payment of rent, or required performance of other conditions.
(2) For purposes of this Paragraph 8.06, if Lessee makes repairs at least 30 days following his giving notice to Lessor, Lessee will be carried by Landlord hereunderpresumed to have acted after a reasonable time.
Appears in 1 contract
Repairs. During the Term, Landlord shall, at Landlord's sole expense, keep the Leased Premises in good order, condition and repair (a) Landlord shall maintainwhether or not the need for such repairs occurs as a result of Tenant's use, in a timely mannerany prior use, the public portions elements or the age of such portion of the Building in accordance with the standards of Class A office buildings in the central business district of the City of DetroitLeased Premises), including but not limited to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, the fire and life safety systems, mechanical, HVAC, plumbing and electrical equipment servicing the Premises and the Building and the common areas servicing the Development, in good order and condition as reasonably determined by Landlord and the cost shall be included in Expenses, except for the repairs due to fire and other casualties (only to the extent the cost of such repairs are covered by insurance proceeds) and necessary to allow for the repair of damages occasioned by the acts or omissions continued operation of Tenant's business at the Leased Premises in the same manner as it has been operated under the Previous Lease. The parties understand and agree that Tenant and IOM Holdings, which Tenant Inc. (the predecessor lessee under the Previous Lease), as well as each of their officers, directors, employees, agents and representatives, shall pay not have any obligations to Landlord in full. Landlord shall be responsible to supply and make or pay for any repairs, alterations, or improvements to all or any part of the replacement of lighting ballasts and light bulbsLeased Premises during the Lease Term or at any other time, and fluorescent tubes and, except as specifically provided for in the Building; providedthis Lease, however, Tenant shall be responsible not have any obligations to pay the cost of replacement of light bulbs and fluorescent tubes in the Premises.
(b) Subject for any expenses relating to the provisions of Section 7(a) hereof Leased Premises. The parties understand and agree that, prior to the Commencement Date and the other provisions execution of this Lease, Tenant shall keep had previously contracted for certain improvements, alterations and/or repairs to the Leased Premises that have not yet been paid for, and every part thereof in good condition and repair, reasonable wear and tear and damaged caused by Landlord or resulting from Landlord’s default under this Lease excepted. Except as otherwise which are set forth in Exhibit A attached hereto. The items listed on Exhibit A hereto which have not yet been paid for shall be the sole responsibility of Landlord, who shall pay for such items in a timely manner pursuant to the terms of the contracts included in Exhibit A hereto. Prior to the Commencement Date and execution of this Lease, Tenant hereby waives all rights Landlord had made requests to make its lender Bank of America ("BofA") for reimbursements from a BofA reserve account of certain repairs at and/or improvements to the expense of Landlord or Leased Premises, which requests are summarized in lieu thereof to vacate Exhibit B hereto (and which include the Premises except as provided by law, statute or otherwise now or hereafter in effectitems listed on Exhibit A hereto). All repairs In the event any such reimbursements are made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or BofA for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition of the Premises or items listed on Exhibit B hereto, Landlord shall have the Building have been made by Landlord right to Tenant except as expressly set forth herein. Tenant will pay for any repairs to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereunderretain and shall retain all such reimbursements.
Appears in 1 contract
Repairs. (a) Subject to Paragraph 5(b), and except for maintenance attributable to Tenant's breach of its obligations under this Lease, which maintenance shall be Tenant's responsibility, Landlord shall maintainmake all necessary repairs to the exterior walls, in a timely mannerexterior doors, the public portions windows, corridors and other common areas of the Building in accordance with the standards of Class A office buildings in the central business district of the City of Detroit, including but not limited to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, the fire and life safety systems, mechanical, HVAC, plumbing and electrical equipment servicing the Premises and the Building and the common areas servicing the Development, in good order and condition as reasonably determined by Landlord and the cost shall be included in Expenses, except for the repairs due to fire and other casualties (to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, however, Tenant shall be responsible to pay the cost of replacement of light bulbs and fluorescent tubes in the Premises.
(b) Subject to the provisions of Section 7(a) hereof and the other provisions of this Lease, Tenant shall keep the Premises Building in a safe, clean and every part thereof neat condition, and use reasonable effort to keep all equipment used in common with other tenants or located outside the Premises, such as elevators, plumbing, heating, air conditioning, electrical and similar equipment, in good condition and repair, reasonable wear and tear and damaged caused by Landlord or resulting from Landlord’s default under this Lease excepted. Except as otherwise set forth provided in this LeaseParagraph 13 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or in or to fixtures, appurtenances and equipment therein or thereon. Tenant hereby waives all rights the right to make repairs at the Landlord's expense of Landlord or in lieu thereof to vacate the Premises except as provided by under any law, statute or otherwise ordinance now or hereafter in effect. All Landlord agrees to comply with all laws, statutes or ordinances now or hereafter in effect and applicable to Landlord's maintenance or repair of the Building.
(b) Tenant agrees that all repairs to the Premises not required above to be made by or on behalf Landlord and all decorating, remodeling, alteration and painting required by Tenant during the term of Tenant this Lease shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord (or a third party reasonably acceptable to Landlord) at the sole cost and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition expense of the Premises or the Building have been made by Landlord to Tenant except as expressly set forth hereinTenant. Tenant will pay for any repairs to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its assignees, subtenants, employees or their respective agents or other persons permitted in the Building or the Development by Tenant, unless or any of them, and will maintain the same are covered by Premises, and will leave the insurance carried or required to be carried by Landlord hereunderPremises upon termination of this Lease, in a safe, clean, neat and sanitary condition, reasonable wear and tear excepted.
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Samples: Office Lease (Pacifica Bancorp Inc)
Repairs. (a) Landlord shall maintainmaintain in good order and repair, in a timely mannersubject to normal wear and tear and subject to casualty and condemnation, the public Building (excluding the Demised Premises and other portions of the Building in accordance with the standards of Class A office buildings in the central business district of the City of Detroit, including but not limited leased to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Buildingother tenants), the fire and life safety systemsBuilding parking facilities, mechanical, HVAC, plumbing and electrical equipment servicing the Premises public areas and the Building and landscaped areas. Notwithstanding the common areas servicing the Developmentforegoing obligation, in good order and condition as reasonably determined by Landlord and the cost shall be included in Expenses, except for the repairs due to fire and other casualties (to the extent the cost of such any repairs are covered by insurance proceeds) and for or maintenance to the repair of damages occasioned foregoing necessitated by the intentional acts or omissions negligence of TenantTenant or its agents, which contractors, employees, subtenants or assigns, shall be borne solely by Tenant and shall pay be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord in fullupon demand. Landlord shall not be responsible required to supply make any repairs or improvements to the Demised Premises except for any initial improvements to the Demised Premises pursuant to the provisions of Exhibit "C" and pay except structural repairs necessary for the replacement of lighting ballasts safety and light bulbs, and fluorescent tubes in the Building; provided, however, Tenant shall be responsible to pay the cost of replacement of light bulbs and fluorescent tubes in the Premisestenantability.
(b) Subject to Tenant covenants and agrees that it will take good care of the provisions of Section 7(a) hereof and the other provisions of this Lease, Tenant shall keep the Demised Premises and every part thereof all alterations, additions and improvements thereto and will keep and maintain the same in good condition and repair, reasonable except for normal wear and tear and damaged caused tear. Tenant shall at once report, in writing, to Landlord any defective or dangerous condition known to Tenant. To the fullest extent permitted by Landlord or resulting from Landlord’s default under this Lease excepted. Except as otherwise set forth in this Leaselaw, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises except as may be provided by any law, statute or otherwise ordinance now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof and no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant thereof, except as specifically and expressly herein set forth herein. Tenant will pay for any repairs to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereunderforth.
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Samples: Lease Agreement (Digital Television Services of Kansas LLC)
Repairs. (a) Landlord shall maintain, maintain in a timely manner, good condition and operating order and keep in good repair and condition the public structural portions of the Building in accordance with the standards of Class A office buildings in the central business district of the City of Detroit, including but not limited to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, including the fire foundation, floor/ceiling slabs, roof structure (including the roof membrane), curtain wall, exterior glass and life safety systemsmullions, columns, beams, shafts (including elevator shafts), stairs, stairwells, elevator cab, men's and women's washrooms, Building mechanical, HVACelectrical and telephone closets, plumbing and electrical equipment servicing the Premises all common and the Building and the common public areas servicing the DevelopmentBuilding, in good order including the parking areas, landscaping and condition as reasonably determined by Landlord exterior Project signage (collectively, "Building Structure") and the cost shall be included Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the "Building Systems") and the Project Common Areas. Notwithstanding anything in Expenses, except for the repairs due to fire and other casualties (this Lease to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, howevercontrary, Tenant shall be responsible required to pay repair the cost of replacement of light bulbs and fluorescent tubes in Building Structure and/or the Premises.
(b) Subject Building Systems to the provisions of Section 7(a) hereof and the other provisions of this Lease, Tenant shall keep the Premises and every part thereof in good condition and repair, reasonable wear and tear and damaged extent caused by Landlord or resulting from Landlord’s default under this Lease excepted. Except as otherwise set forth in this Lease, Tenant hereby waives all rights due to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition Tenant's use of the Premises or for other than the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for any repairs Permitted Use, unless and to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are extent such damage is covered by the insurance carried or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). Tenant shall, at Tenant's own expense, keep the Premises, including all improvements, fixtures, equipment, interior window coverings, and furnishings therein, and the floor or floors of the Building on which the Premises is located, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances (but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception), except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair (or commence to make the repair) within five (5) business days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, but not to exceed five (5%) percent) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord shall 692500.09/WLA371593-00023/6-13-12/ao/ao -00- XXX XXXXXX[Xxxxxx Realty, L.P.][Concur Technologies, Inc.] be performed in a manner so as not to materially interfere with Tenant's use of, or access to, the Premises; provided that, with respect to items (ii) and (iii) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant's use of, or access to, the Premises. Tenant hereby waives and releases any and all rights it may have at law or in equity to make repairs at the expense of Landlord.
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