Repairs. A. By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair damage thereto from causes beyond the reasonable control of Tenant with ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth. B. Notwithstanding the provisions of Article 11. A. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 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 the Premises, or in or to fixtures, appurtenances and equipment therein. 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 Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liens.
Appears in 4 contracts
Samples: Office Building Lease (Fair Isaac & Company Inc), Office Building Lease (Fair Isaac & Company Inc), Office Building Lease (Fair Isaac & Company Inc)
Repairs. A. By taking possession (a) Landlord shall keep the Common Areas of the PremisesBuilding and the Project in a clean and neat condition. Subject to subparagraph (b) below, Landlord shall make all necessary repairs, within a reasonable period following receipt of notice of the need therefor from Tenant, to the exterior walls, exterior doors, exterior locks on exterior doors and windows of the Building, and to the Common Areas and to public corridors and other public areas of the Project not constituting a portion of any tenant’s premises and shall use reasonable efforts to keep all Building standard equipment used by Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof common with other tenants in good condition and repair damage thereto from causes beyond and to replace same at the end of such equipment’s normal and useful life, reasonable control of Tenant with ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant casualty loss excepted. Except as specifically expressly provided in an addendum, if any, to Paragraph 9 of this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. Notwithstanding the provisions of Article 11.
A. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent Rent and no liability of Landlord by reason of any injury to or interference with Tenant's ’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Premises, the Building or the Premises, or in or to fixtures, appurtenances and equipment thereinProject. Tenant waives the right to make repairs at Landlord's ’s expense under any law, statute or ordinance now or hereafter in effect effect.
(b) 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 (including all plumbing connected to said facilities or systems installed by or on behalf of Tenant or existing in the provisions Premises at the time of California Civil Code Sections 1941 and 1942 and any successor sections or statutes Landlord’s delivery of a similar naturethe Premises to Tenant); provided, however, if Landlord fails to perform any repair work required of Landlord with respect . Tenant shall make all repairs to the Premises pursuant not required to this Paragraphbe 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 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 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. If Tenant fails to make such repairs or replacements within thirty (30) days after Landlord receives Tenant's written notice of the need for from Landlord, Landlord may at its option make such repair (repairs or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work)replacements, then and Tenant shall be permitted upon demand pay Landlord for the cost thereof, together with an administration fee equal to make five percent (5%) of such repairscosts.
(c) Upon the expiration or earlier termination of this Lease, using contractors reasonably approved by LandlordTenant shall surrender the Premises in a safe, provided clean and neat condition, normal wear and tear excepted. Prior to the expiration or earlier termination of this Lease, Tenant shall remove from the Premises (i) Tenant first gives Landlord an additional two (2all trade fixtures, furnishings and other personal property of Tenant, except as otherwise set forth in Paragraph 4(b) business days' prior written notice indicating that Tenant intends to undertake such repairof this Lease, and (ii) Landlord fails all computer and phone cabling and wiring installed by or on behalf of Tenant (including any computer and phone cabling and wiring installed under the terms of the Existing Leases), and Tenant shall repair all damage caused by such removal, and shall restore the Premises to commence such repair within such two (2) business day periodits original condition, reasonable wear and tear excepted. If Tenant performs any repair as permitted under this ParagraphNotwithstanding anything herein to the contrary, Landlord agrees shall have the right to reimburse require the removal of any alterations or improvements to the extent Landlord would have had the right to require their removal under any of the Existing Leases. In addition to all other rights Landlord may have, in the event Tenant for the reasonabledoes not so remove any such fixtures, actual and documented costs of such repair performed by Tenantfurnishings or personal property, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done deemed to have abandoned the same, in accordance with which case Landlord may store or dispose of the provisions of this Leasesame at Tenant’s expense, including without limitationappropriate the same for itself, Paragraph 12, keeping and/or sell the premises free from lienssame in its discretion.
Appears in 2 contracts
Samples: Office Lease (Health Catalyst, Inc.), Office Lease (Health Catalyst, Inc.)
Repairs. A. By taking possession (a) Landlord shall make all necessary repairs, maintenance or replacements to the Premises arising from faulty material used or defective workmanship employed in the construction of the PremisesPremises or Landlord's Work, Tenant and Landlord shall be deemed responsible for enforcing all warranties to have accepted be obtained in connection with Landlord's Work pursuant to the Premises "Final Plans and Specifications" (as being defined in goodExhibit C) and make all necessary repairs, sanitary order, condition and repairmaintenance or replacements required thereunder. Tenant shallLandlord, at Tenant's its sole cost and expense, agrees to keep in good condition and repair, and make all necessary maintenance, repairs or replacements to, the roof and structural portions of the Building.
(b) Subject to Landlord's obligations under Sections 14 and 15(a) above and Section 17 below, Tenant shall maintain the Premises in a clean, safe and every part thereof sanitary condition and in good condition and repair damage thereto from causes beyond the reasonable control of Tenant with ordinary wear take good care thereof, suffer no waste or injury thereto, and tear excepted. Tenant shall upon at the expiration or sooner termination of the Term of this Lease hereof Lease, surrender the Premises, broom clean, in the same order and condition in which the Premises to is on the Landlord in good conditionCommencement Date, ordinary wear and tear and damage from causes beyond by fire or other casualty (subject to the reasonable control provisions of Section 14) excepted.
(c) In the event that Tenant excepted. Except makes any upgrades, repairs or replacements to the Premises of a capital nature (i.e., any such upgrades, repairs or replacements which add to the value of the Premises or extend the useful life of the improvements on the Premises) for any reason, including without limitation, by reason of changes in applicable law or as specifically provided in an addenduma result of the deterioration of a component of the improvements due to normal wear and tear or frequency of repairs, if any, to Landlord agrees that upon the expiration or earlier termination of this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. Notwithstanding the provisions of Article 11.
A. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the reimburse Tenant, its agentson a straight line basis, servantswithout interest, employees or invitees, in which case for the unamortized costs borne by Tenant shall pay to Landlord the reasonable cost of such maintenance upgrades, repairs and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 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 the Premises, or in or to fixtures, appurtenances and equipment therein. 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 Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary replacements based upon the nature anticipated useful life of such upgrades and replacements as determined below. To facilitate reimbursement, at the time of the required work)completion of such upgrades or replacements, then Landlord and Tenant shall be permitted to make such repairsagree, using contractors reasonably approved by Landlordin writing, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day periodupon the anticipated useful life of each capital upgrade or replacement. If Landlord and Tenant performs any repair as permitted under this Paragraphare unable to agree, Landlord agrees they shall submit the determination of anticipated useful life to reimburse Tenant for an independent, unaffiliated arbitrator to be chosen and to conduct the reasonabledetermination pursuant to the Commercial Rules of the American Arbitration Association, actual whose decision shall be final and documented binding upon the parties. The parties shall equally bear the costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liensarbitrator.
Appears in 2 contracts
Samples: Deed of Lease (Amerigroup Corp), Deed of Lease (Amerigroup Corp)
Repairs. A. By taking possession 13.01 Tenant shall, at its sole expense, keep and maintain the Premises and every part thereof (excepting common use equipment, which Landlord agrees to repair or replace pursuant to Section 5.02 unless damages are due to the neglect or intentional acts of Tenant or its agents, employees, visitors, or licensees), including interior windows, doors, plate glass, any store fronts and the interior of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, good and sanitary order, condition and repair. Tenant shallwill, also, at Tenant's its sole cost keep and expensemaintain all utilities, keep the Premises fixtures, plumbing and every part thereof mechanical equipment used by Tenant in good condition order and repair damage thereto from causes beyond and furnish all expendables (light bulbs, paper goods, soaps, etc.) used in the reasonable control Premises. The standard for comparison and need of Tenant with ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting repair will be the condition of the Premises or at the Building except as specifically herein set forthtime of commencement of this Lease and all repairs will be made by a licensed and bonded contractor approved by Landlord.
B. Notwithstanding 13.02 Tenant will not make repairs to the provisions Premises at the cost of Article 11.
A. hereinaboveLandlord whether by deductions of rent or otherwise, Landlord shall repair and maintain or vacate the structural portions of Premises or terminate the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and Lease if repairs are caused in part not made. If during the Term, any alteration, addition or in whole change to the Premises is required by the actlegal authorities, neglect, fault or omission of any duty by the Tenant, at its agentssole expense, servants, employees or invitees, in which case Tenant shall pay to Landlord promptly make the reasonable cost of such maintenance and repairssame. Landlord shall not be liable for any failure reserves the right to make any such repairs not made or to perform maintained in good condition by Tenant and Tenant shall reimburse Landlord for all such costs upon demand.
13.03 If repairs deemed necessary by Landlord or any maintenance unless government authority are not made by Tenant within the prescribed time frame as requested in writing, such failure to repair shall persist be an Event of Default subject to the provision of Section 19.01(B) hereof.
13.04 Tenant shall, at its own expense, within thirty days of lease commencement, contract with a vendor acceptable to Landlord for an unreasonable time after written notice the maintenance service of the need of HVAC which will be furnished to the Landlord upon request. If Tenant fails to obtain and maintain such repairs or a maintenance is given to service contract Landlord by Tenant. Except as provided in Article 22 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 the Premises, or in or to fixtures, appurtenances and equipment therein. Tenant waives have the right to make repairs obtain such a maintenance service contract at Landlord's the expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liens.
Appears in 2 contracts
Samples: Standard Industrial Lease (United Stationers Supply Co), Standard Industrial Lease (United Stationers Supply Co)
Repairs. A. By taking possession (a) Landlord shall maintain in good order and repair (as compared to other first-class properties of similar quality in the area of the Building), subject to normal wear and tear and subject to casualty and condemnation, the Building (excluding the Demised Premises and other portions of the Building leased to other tenants), the Building parking facilities, the public areas and the landscaped areas. Notwithstanding the foregoing obligation, the cost of any repairs or maintenance to the foregoing necessitated by the intentional acts or gross negligence of Tenant or its agents, contractors, employees, invitees, licensees, tenants or assigns, shall be borne solely by Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord within thirty (30) days of written demand. Landlord shall not be required to make any repairs or improvements to the Demised Premises except structural repairs necessary for safety and tenantability. Landlord shall keep in good order and repair the roof, floor slab, gutters, downspouts, drains and leaders, load bearing structures and exterior walls of the Premises, Tenant shall be deemed all utility lines and systems up to have accepted their point of entry into the Premises, and all lines and systems within the Premises as being in good, sanitary order, condition that do not exclusively serve the Premises.
(b) Tenant covenants and repair. Tenant shall, at Tenant's sole cost and expense, keep agrees that it will take good care of 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 damage thereto from causes beyond the reasonable control of Tenant with ordinary repair, except for normal wear and tear exceptedtear. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord as soon as reasonably practical report, in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if anywriting, to this LeaseLandlord any defective or dangerous condition known to Tenant. To the fullest extent permitted by law, Tenant hereby waives all rights to make repairs at the expense of Landlord shall have as may be provided by any law, statute or ordinance now or hereafter in effect. Landlord has no obligation whatsoever and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building thereof, except as specifically and expressly herein set forth.
B. (c) Notwithstanding anything to the provisions of Article 11.
A. hereinabovecontrary provided in this Lease, Landlord shall repair make all necessary repairs and maintain replacements to the structural portions of fire protection sprinklers and systems serving the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 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 the Demised Premises, or in or all utility lines and systems up to fixturestheir point of entry into the Demised Premises and all pipes, appurtenances conduits, wires and equipment therein. Tenant waives other lines running through the right to make repairs at Landlord's expense under any lawDemised Premises which do not exclusively serve the Demised Premises, statute or ordinance now or hereafter in effect (including with the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); providedcost thereof bring an Operating Expense, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days extent and as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted chargeable under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liensArticle 9 herein.
Appears in 2 contracts
Samples: Lease Agreement (Profit Recovery Group International Inc), Lease Agreement (Profit Recovery Group International Inc)
Repairs. A. a. By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's ’s sole cost and expense, keep the Premises and every part thereof in good condition and repair repair, damage thereto from causes beyond the reasonable control of Tenant with and ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. b. Notwithstanding the provisions of Article 11.
A. 11.a. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating heating, and electrical systems systems, installed or furnished by Landlord Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's ’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's ’s expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from lienseffect.
Appears in 2 contracts
Samples: Office Building Lease (Cross Country Healthcare Inc), Office Building Lease (Cross Country Healthcare Inc)
Repairs. A. a. By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's ’s sole cost and expense, keep the Premises and every part thereof in good condition and repair repair, damage thereto from causes beyond the reasonable control of Tenant with and ordinary wear and tear exceptedexpected. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant exceptedexpected. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. b. Notwithstanding the provisions of Article 11.
A. 11.a. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating heating, and electrical systems systems, installed or furnished by Landlord Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or of maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's ’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's ’s expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from lienseffect.
Appears in 2 contracts
Samples: Office Building Lease (Castle Biosciences Inc), Office Building Lease (Castle Biosciences Inc)
Repairs. A. a. By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair repair, damage thereto from causes beyond the reasonable control of Tenant with and ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord landlord has made no representations representation to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth. 11.
B. b. Notwithstanding the provisions of Article 11.
A. a. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating heating, and electrical systems systems, installed or furnished by Landlord Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or inviteesinvites, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent and no liability of by 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 Premises, Premises or in or to fixtures, appurtenances and equipment therein. 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 Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from lienseffect.
Appears in 2 contracts
Samples: Sublease (Quokka Sports Inc), Sublease (Quokka Sports Inc)
Repairs. A. By taking possession If this Lease is not terminated as provided above, it shall continue in full force and effect, and Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment, and subject to all other terms of this Article, restore the Premises, the Common Areas and the portions of the Project serving the Premises and Tenant shall assign to Landlord all insurance proceeds payable to Tenant as to the Tenant Improvements and any Alterations; provided that if the cost of the restoration of the Tenant Improvements and any Alterations by Landlord exceeds the amount of Tenant’s insurance proceeds therefor, as assigned by Tenant to Landlord, such excess shall be paid by Tenant to Landlord prior to Landlord’s restoration thereof. Further, if the Premises included any above-Building standard improvements as of the Commencement Date and the restoration of such above-Building standard improvements is not covered by the insurance proceeds received by Landlord, the cost of the restoration of such above-Building standard improvements shall be paid by Tenant to Landlord prior to Landlord’s restoration thereof. Such restoration shall be to substantially the same condition of such items as prior to the casualty, except for modifications (a) required by Law; (b) required by the holder of a mortgage on the Building, or the lessor of a ground or underlying lease with respect to the Property; or (c) to the Common Areas reasonably deemed desirable by Landlord, and which are consistent with the character of the Project. No such modifications shall materially impair access to the Premises and any Common Areas serving the Premises. Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shallresponsible, at Tenant's its sole cost and expense, keep for the Premises and every part thereof in good condition and repair damage thereto from causes beyond the reasonable control of Tenant with ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed restoration, and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition replacement of the Premises or the Building except as specifically herein set forth.
B. Notwithstanding the provisions of Article 11.
A. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs’s Property. Landlord shall not be liable for any failure to make any such repairs loss of business, inconvenience, or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 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 annoyance arising from the making any casualty or any repair or restoration of any repairs, alterations or improvements in or to any portion of the Building Premises, the Building, or the Premises, or in or to fixtures, appurtenances and equipment thereinProject as a result of any damage from any casualty. 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 Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair All work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with subject to the provisions terms and conditions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liensArticle 11.
Appears in 2 contracts
Samples: Office Lease (Net), Office Lease
Repairs. A. By a. Subject to Tenant's right to inspect the Premises prior to occupancy thereof and submit a "punch list" to Landlord in accordance with Paragraph 32.b of this Lease and to latent defects, by taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Subject to Landlord's maintenance, repair and replacement obligations set forth in this Lease, Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair repair, damage thereto from causes beyond the reasonable control of Tenant with and ordinary wear and tear excepted. Tenant shall shall, upon the expiration or sooner termination of this Lease hereof hereof, surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed thereof, and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. Notwithstanding the provisions of Article 11.
A. hereinabove, b. Landlord shall repair and maintain the structural portions of the Building, including the roof, basic plumbing, air conditioning, heating heating, and electrical and sprinkler systems installed or furnished by Landlord Landlord, and any latent defects thereof, in good order, condition and repair, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. The cost of all such repairs (except repairs of structural defects) shall be included in Operating Expenses as provided in Article 7 hereof. In the event Landlord fails to perform its maintenance or repair obligations hereunder, Tenant shall notify Landlord to do such acts as are required to fulfill its maintenance and repair obligations. In the event Landlord fails to commence such work promptly upon demand by Tenant, and diligently prosecute it to completion, or in the event of an emergency, then Tenant shall have the right, but shall not be liable for any failure required, to make any do such repairs or acts and expend such funds as are reasonably required to perform such work. In the event that any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs repairs, maintenance or maintenance is given replacement was not properly chargeable to Tenant as an Operating Expense, or should have been paid through the reserve account established by Landlord, then upon completion of such work, Landlord shall reimburse to Tenant all necessary and reasonable costs thereof within 10 days following receipt of an invoice from Tenant. If Landlord fails to reimburse Tenant within such 10 day period, interest shall accrue on the unpaid invoiced costs at the rate of 4% over the Prime Rate then being charged by TenantColorado Business Bank of Boulder, or its successor, and Tenant shall be entitled to offset such unpaid amounts against future Rent. Except as provided herein or as otherwise set forth in this Lease, and subject to the provisions of Article 22 hereof21, there shall be no abatement of rent 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 Premises, Premises or in or to fixtures, appurtenances and equipment therein. 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 Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liens.
Appears in 2 contracts
Samples: Lease (Colorado Medtech Inc), Lease (Hei Inc)
Repairs. A. By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair damage thereto from causes beyond the reasonable control of Tenant with ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. Notwithstanding the provisions of Article 11.
A. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 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 the Premises, or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect effect, (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' days prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liens.
Appears in 2 contracts
Samples: Office Building Lease (Fair Isaac & Company Inc), Office Building Lease (Fair Isaac & Company Inc)
Repairs. A. By taking possession of the Premises10.01 Subject to Section 10.02 below, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's all times and at its sole cost and expense, keep all applicable parts of the Premises (including without limitation the Tenant Improvements and every part thereof Tenant Alterations, windows, glass and plate glass, doors (including, without limitation, overhead and roll up doors), exterior stairs, skylights, any special office entries, interior walls and finish work, floors and floor coverings), interior and exterior, and all equipment and facilities within or serving the Premises, in good order, condition and repair damage thereto from causes beyond regardless of whether the portion of the Premises requiring repairs, or the means of repairing same, are reasonably or readily accessible, and regardless of whether the need for such repairs or maintenance occurs as a result of Tenant’s use, any prior use, vandalism, acts of third parties, Force Majeure (as defined in Article 26 below) or the age of the Premises, reasonable control of Tenant with ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination The standard for comparison of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting condition will be the condition of the Premises as of the original date of Landlord’s delivery of the Premises and failure to meet such standard shall create the need to repair. If Tenant does not perform required maintenance or the Building except as specifically herein set forth.
B. Notwithstanding the provisions of Article 11.
A. hereinaboverepairs, Landlord shall have the right, without waiver of Default or of any other right or remedy, to perform such obligations of Tenant on Tenant’s behalf, and Tenant will reimburse Landlord for any costs incurred, together with an administrative fee in an amount equal to 10% of the cost of the repairs, immediately upon demand.
10.02 In the event the Premises constitute a portion of a multiple occupancy Building or otherwise at Landlord’s election, Landlord shall perform the repair and maintain the structural portions maintenance of the Buildingroof, including exterior walls, exterior areas and common sewage line plumbing which are otherwise Tenant’s obligation under Section 10.01 above, and any other maintenance and repair of exterior, structural, and/or common elements which Landlord shall elect, and Tenant shall, in lieu of the basic plumbingobligations set forth under Section 10.01 above with respect to such items, air conditioningbe liable for its Proportionate Share of the expenses so incurred by Landlord; provided, heating and electrical systems installed or furnished Tenant shall reimburse Landlord for 100% of any such expense incurred by Landlord unless such maintenance and repairs are caused in part or in whole by due to the act, neglect, fault act or omission of Tenant or any duty by Tenant Entity. Tenant expressly waives the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent and no liability of Landlord by reason benefit of any injury to statute or interference with Tenant's business arising from the making of any repairs, alterations other legal right now or improvements hereafter in or to any portion of the Building or the Premises, or in or to fixtures, appurtenances and equipment therein. effect which would otherwise afford Tenant waives the right to make repairs at Landlord's expense under any law’s expense, statute or ordinance now or hereafter in effect (including the provisions whether by deduction of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or otherwise, or to terminate this Lease because of Landlord’s failure to keep the Property, or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done part thereof in accordance with the provisions of this Leasegood order, including without limitation, Paragraph 12, keeping the premises free from lienscondition and repair.
Appears in 2 contracts
Samples: Industrial Lease Agreement, Industrial Lease Agreement (Technest Holdings Inc)
Repairs. A. By taking Lessee agrees to act with reasonable care in its use and occupancy of the Leased Premises and the fixtures therein and shall at its sole cost and expense, make all such repairs thereto, including those necessitated by the negligence of Lessee, or any sublessee, their agents, employees or invitees or by the Lessee’s use of the Leased Premised in a manner contrary to the purposes for which same are leased to Lessee, as and when needed to preserve them in their condition at the Commencement Date, except for reasonable wear, tear and use, or damage by fire or other casualty (unless the negligence of Lessee or its agents, employees, contractors or invitees is a supervening cause). All damage or injury to the Leased Premises and to its fixtures, appurtenances and equipment or the Building of which the Leased Premises are a part, or to its fixtures, appurtenances and equipment caused by Lessee, its agents, employees, contractors or invitees or by Lessee 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 Lessee at its sole cost and expense, to the reasonable satisfaction of Lessor, reasonable wear and tear excepted. All such aforesaid repairs, restorations and replacements shall be in quality and class equal to the original work or installations, reasonable wear and tear excepted. If Lessee fails to make such repairs, restorations or replacements within a reasonable time after written notice from the Lessor, same may be made by Lessor at the reasonable expense of Lessee and such expense shall be collectable as Additional Rent. Lessee expressly will not cause any damage to the hallways or common areas of the Building or the Property, reasonable wear and tear excepted. Except as specifically herein otherwise provided, Xxxxxx agrees that from and after the date that possession of the PremisesLeased Premises is delivered to Lessee, Tenant shall be deemed and until the expiration of the Term hereof, it will use commercially reasonable efforts to have accepted the Premises as being keep neat and clean and maintain in good, sanitary good order, condition and repair. Tenant shall, at Tenant's sole cost reasonable wear and expensetear excepted, keep the Leased Premises and every part thereof, including without limitation the interior portions of all doors, windows, and plate glass, fixtures and interior walls, floors, ceilings, signs (where permitted) and all wiring, electrical systems, plumbing, interior building appliances, HVAC, and similar equipment exclusively serving the Leased Premises. Lessee shall, at Lessee’s expense, use commercially reasonable efforts to repair and maintain (subject to the provisions of this Lease) the Leased Premises and any part and portion thereof from time to time to assure that the same are kept in good first-class tenantable and attractive condition and repair damage thereto from causes beyond throughout the term of this Lease, reasonable control of Tenant with ordinary wear and tear excepted. Tenant Xxxxxx further agrees that the Leased Premises shall upon be kept in a clean, sanitary and safe condition in accordance with the expiration laws of the Commonwealth of Massachusetts and local ordinances, and in accordance with all directions, rules and regulations of the Health Officer, Fire Marshal, Building Inspector and other proper officers of the governmental agencies having jurisdiction thereover. Lessee shall not permit or sooner termination of this Lease hereof surrender the Premises commit any waste to the Landlord Leased Premises, Building or Property. Subject to Lessor’s obligations to repair and maintain HVAC in good conditionthe Property, ordinary wear and tear and damage from causes beyond Lessor is not responsible for any repairs, maintenance or cleaning of the reasonable control of Tenant excepted. Except as specifically provided in an addendumkitchen area, if any, within the Leased Premises. Subject to this LeaseLessor’s obligations to repair, Landlord maintain and provide HVAC in the Property, Lessee has the sole responsibility for maintaining and keeping in good repair the kitchen area and/or any appliances, reasonable wear and tear excepted. Notwithstanding the foregoing, Lessor shall have no obligation whatsoever the right, upon reasonable prior written notice to alterXxxxxx, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition assume so much of the Premises or the Building except as specifically herein set forth.
B. Notwithstanding the provisions of Article 11.
A. hereinabove, Landlord shall repair and maintain the structural portions maintenance of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or inviteesLeased Premises as Lessor, in which case Tenant its reasonable discretion deems necessary, provided that in doing so Lessor does not interrupt or interfere with the operation and conduct of Xxxxxx’s business. To the extent that the Lessor elects, it shall pay to Landlord charge Lessee the reasonable out-of-pocket cost of such maintenance and repairsrepair or maintenance. Landlord shall not be liable for any failure to make any All such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there undisputed charges shall be no abatement of rent due 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 Premises, or in or to fixtures, appurtenances and equipment therein. 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 Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, payable as Additional Rent hereunder within thirty (30) days after Landlord receives Tenant's of billing. Lessee shall make no alterations or additions to the Leased Premises (reasonable wear and tear excepted) without the Lessor’s prior written notice of the need for such repair (consent, which consent will not be unreasonably withheld, conditioned or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant delayed. All repairs shall be permitted made subject to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of Article 20. Lessor shall be responsible for maintenance and repair of the roof, foundation, and structure of the Building and Property except that for maintenance and/or repair caused by negligence or neglect or Lessee, its agents, employees, contractors or invitees. There shall be no abatement of Rent or liability of Lessee on account of any injury or interference with Xxxxxx’s business with respect to any improvements, alterations or repairs made by Lessor to the Property or any part thereof. Except as otherwise provided in Article 13 below, and subject to Lessee’s obligations in this LeaseArticle 12 above, Lessor shall maintain and keep in reasonable condition, all Building systems, including without limitationlife safety, Paragraph 12sanitary, keeping electrical, HVAC, plumbing, security or other systems, the premises free from liensBuilding foundation, the roof, Building structure, structural floor slabs and columns in good repair, order and condition. In addition, Lessor shall operate and maintain the common areas of the Property in substantially the same manner as comparable combination office and R&D facilities in the vicinity of the Leased Premises.
Appears in 2 contracts
Samples: Lease Agreement (Allurion Technologies Holdings, Inc.), Lease Agreement (Allurion Technologies Holdings, Inc.)
Repairs. A. By (a) Subject to Landlord’s obligations referred to in Paragraph 11 with respect to placing the Premises in compliance with applicable Title 24/ADA requirements and Landlord’s Work as of the Commencement Date, by taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary good order, condition and repair. Tenant shall, at Tenant's ’s sole cost and expense, keep the Premises and every part thereof in good condition and repair damage thereto from causes beyond the reasonable control of Tenant with ordinary wear repair, and tear excepted. Tenant shall surrender the Premises to Landlord upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good such condition, ordinary reasonable wear and tear tear, casualty, condemnation and damage from causes beyond the reasonable control of Tenant Landlord’s obligations excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forththereof.
B. (b) Notwithstanding the provisions of Article 11.
A. Paragraph 13(a) hereinabove, Landlord shall shall, at Landlord’s expense, replace, repair and maintain the Project and the Premises, including the structural portions of the Building, including the basic structure, plumbing, air conditioning, heating heating, and electrical systems systems, installed or furnished by Landlord Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless Landlord fails to commence such failure shall persist for an unreasonable time repairs within ten (10) days after Tenant gives written notice of the need of such repairs or maintenance is given to Landlord by Tenantand to prosecute such repairs diligently to completion within a reasonable time. Except as provided in Article 22 Paragraph 24 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's ’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Building Project or the Premises, Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's ’s expense under any law, statute or ordinance Law now or hereafter in effect (including effect. Tenant waives the provisions of California Sections 1932 (1) 1941, and 1942 of the Civil Code Sections 1941 and 1942 and and/or any similar or successor sections statute regarding Tenant’s right to terminate this Lease or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make repairs and deduct such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for expenses from the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant due under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liens.
Appears in 1 contract
Samples: Lease Agreement (Netmanage Inc)
Repairs. A. a. By taking possession of the Premisesentry hereunder, Tenant shall be deemed to have accepted accepts the Premises as being in good, good and sanitary order, condition and repair. Tenant shall keep, maintain and preserve the Premises in first class condition and repair, and shall, when and if needed or whenever requested by Landlord to do so, at Tenant's sole cost and expense, keep make all repairs to the Premises and every part thereof in good condition thereof, including all interior windows and repair damage thereto from causes beyond the reasonable control of Tenant with ordinary wear and tear excepteddoors. Tenant shall shall, upon the expiration or sooner termination of this Lease hereof the Term hereof, surrender the Premises to the Landlord in good conditionthe same condition as when received, ordinary except for normal wear and tear and damage from causes beyond or any alterations that have been approved by Landlord as designated in advance in writing at the reasonable control time of Tenant exceptedLandlord's approval. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed except as specifically provided in Exhibits "B" and the "B-1". The parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. Notwithstanding b. Anything contained in Subparagraph 15.a. above to the provisions of Article 11.
A. hereinabovecontrary notwithstanding, Landlord shall repair and maintain the structural portions of the Building, the foundation, the structural roof lid ( including its water tightness), the basic plumbing, heating, ventilating, air conditioning, heating and electrical systems furnished or installed or furnished by Landlord unless such maintenance and repairs are repair is caused in part whole or in whole part by the negligent act, neglect, fault of or the omission of any duty by the Tenant, its agents, servants, employees employees, guests, invitees, officers or inviteesdirectors, in which case Tenant shall pay to Landlord as additional rent the reasonable cost of such maintenance or repair. The reasonable cost of all such repair and repairsmaintenance shall be included in the expenses passed through to Tenant by Landlord as Additional rent. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs not to exceed twenty one (21) days, unless said repair or maintenance is given to cannot be reasonably completed within said twenty one day period, in which case Landlord by Tenant. Except as provided in Article 22 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 the Premises, or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to diligently make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and in no event later than ninety (ii90) Landlord fails days from the effective date of Tenant's notice to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liensLandlord.
Appears in 1 contract
Samples: Office Lease (Loudeye Corp)
Repairs. A. By taking possession SECTION 1. Landlord shall maintain the foundations, exterior walls (except plate glass or other breakable material used in structural portions) and roof of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof shopping center in good condition and repair damage thereto from causes beyond the reasonable control of Tenant with repair, ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination Except for costs of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear routine maintenance and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition costs of the Premises or the Building except as specifically herein set forth.
B. Notwithstanding the provisions of Article 11.
A. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and repairs are caused in part which is not covered by insurance shall be borne by Landlord. If the need for any such repair is directly or in whole indirectly attributable to or results from the business activity being conducted within the Premises or becomes necessary by reason of the act, neglect, fault or omission negligence of any duty by the Tenant, its agents, servants, employees employees, or inviteesanyone else for whose acts Tenant is responsible or by reason of anyone illegally entering in or upon the Premises, in and if such repair is caused by a risk which case cannot be covered by standard fire and extended coverage insurance and is not covered by other insurance, Tenant agrees to reimburse Landlord for all costs and expenses incurred by Landlord with respect to any such repair. Landlord shall pay commence repairs it is required to Landlord perform as soon as, reasonably practicable after receiving written notice from Tenant of the reasonable cost of necessity for such maintenance and repairs. Landlord shall not be liable for any failure obligated to make any such repairs repairs, replacements or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent and no liability of Landlord by reason improvements of any injury kind 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 Premises, or any equipment, facilities or fixtures contained 18 therein or appurtenant thereto, even if such equipment, facilities, or fixtures are located outside the Premises.
SECTION 2. Tenant, at its own expense, shall maintain the Premises at all times in or to fixturesgood order, appurtenances condition and equipment thereinrepair of equal quality with the original work, ordinary wear and tear excepted, and in a clean, sanitary and safe condition in accordance with all applicable laws, ordinances and regulations; including, without limitation, all plumbing, sewage, ventilating and electrical systems exclusively serving the Premises, doors, windows, floors and floor coverings, interior walls and all interior painting and decorating, and all equipment, facilities, fixtures and appurtenances. Tenant waives shall permit no waste, damage, or injury to the right Premises. If Tenant refuses or neglects to commence necessary repairs within a reasonable period (no longer than five (5) consecutive days) after written request, or does not adequately complete such repairs within a reasonable time thereafter, Landlord may make the repairs at Landlordwithout liability to Tenant for any loss or damage that may occur to Tenant's expense under any lawstock or business by reason thereof, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make makes such repairs, using contractors reasonably approved by Tenant shall pay to Landlord, provided (i) on demand, the costs thereof.
SECTION 3. Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repairshall replace forthwith, at its own cost and expense, any cracked or broken glass with glass of the same quality, including plate glass or glass or other breakable materials used in structural portions, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs in any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for interior and exterior windows and doors in the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liensPremises.
Appears in 1 contract
Repairs. A. By taking possession a. Subject to the representations and warranties and repair obligations of the PremisesLandlord contained in this Lease, by entry hereunder, Tenant shall be deemed to have accepted accept the Premises premises as being in good, good and sanitary order, condition and repair. Tenant shall, when and if needed or whenever reasonably requested by Landlord to do so, when not resulting from natural disaster as covered by Landlord’s insurance, at Tenant's ’s sole cost and expense, keep make all repairs to the Premises and every part thereof thereof, including all windows and doors, to keep, maintain and preserve the premises in good condition and repair damage thereto from causes beyond the reasonable control of Tenant with ordinary wear and tear exceptedrepair. Tenant shall upon the expiration or sooner termination of this Lease the term hereof surrender the Premises to the Landlord in good conditionthe same conditions when received, ordinary wear and tear and casualty damages (i.e. fire, earthquake) accepted. At Lease termination, Tenant shall not be responsible for repainting walls or cleaning carpet unless damage from causes is beyond the reasonable control of Tenant exceptedthat considered normal wear and tear. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. Notwithstanding b. Anything contained in Subparagraph 15a above to the provisions of Article 11.
A. hereinabovecontrary notwithstanding, Landlord shall repair and maintain the structural portions of the Building, Building and the premises including the basic plumbing, heating, ventilating, air conditioning, heating conditioning and electrical systems installed or furnished by Landlord Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, or employees or invitees, in which case Tenant shall pay to Landlord Landlord, as additional rent, the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time (normally two days) after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 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 the Premises, or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect effect. Landlord also shall be responsible for repairing and maintaining in good condition and repair the common areas of the Building and the Premises. Notwithstanding anything contained in the foregoing to the contrary, in the event that, as a result of any repairs, maintenance or improvements by Landlord to the Building or the Premises, Tenant's ability to use the Premises is adversely affected for a period of two (including 2) or more business days, all rent payable hereunder shall xxxxx until such time as such repairs, maintenance or improvements no longer adversely affect Tenant's use of the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature)Premises; provided, however, if Landlord fails to perform any repair work required of Landlord with respect to that no such abatement shall apply in the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make vent such repairs, using contractors reasonably approved maintenance or improvement are necessitated by LandlordTenant's negligence or willful misconduct.
c. Matters Pertaining to Toxic Mold. Whenever the terms “Hazardous Materials”, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating “Hazardous Substances”, or similar terms are used within the lease, such definitions shall include or shall mean mold and fungi of all types and conditions, whether containing toxic properties or not. Furthermore, tenant shall comply with any guidelines established by the California Department of Health Services for the prevention or remediation of mold. In addition to tenant’s obligation to prevent and remediate the existence of mold as required under this lease, tenant shall immediately notify landlord of any mold or chronic water intrusion or flood conditions that Tenant intends exist upon or within the Premises. Regardless of the cause or responsibility for the presence of mold or a chronic water intrusion or flood condition, tenant shall take all steps necessary to undertake such repairprevent the amplification of any contamination problem, and (ii) Landlord fails shall take all steps necessary to commence such repair within such two (2) business day periodprevent tenant’s employees, agents, invitees, customers, etc. If Tenant performs from becoming exposed to any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liensmold condition.
Appears in 1 contract
Samples: Full Service Office Lease (Norpac Technologies, Inc.)
Repairs. A. (a) By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair repair, damage thereto from causes beyond the reasonable control of Tenant with and ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. (b) Notwithstanding the provisions of Article 11.9
A. (a) hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating heating, and electrical systems systems, installed or furnished by Landlord Landlord, unless such maintenance and repairs are caused in In part or in In whole by the act, neglect, fault or omission of any duty by the Tenant, its Its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 24 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 the Premises, Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect (including effect, including, but not by way of limitation sections 1932, 1933, 1941, and 1942 of the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period State of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liensCalifornia.
Appears in 1 contract
Repairs. A. By taking possession (a) Landlord shall keep the Common Areas of the PremisesBuilding and the Project in a clean and neat condition. Subject to subparagraph (b) below, Landlord shall make all necessary repairs, within a reasonable period following receipt of notice of the need therefor from Tenant, to the exterior walls, exterior doors, exterior locks on exterior doors and windows of the Building, and to the Common Areas and to public corridors and other public areas of the Project not constituting a portion of any tenant’s premises and shall use reasonable efforts to keep all Building standard equipment used by Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof common with other tenants in good condition and repair damage thereto from causes beyond and to replace same at the end of such equipment’s normal and useful life, reasonable control of Tenant with ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant casualty loss excepted. Except as specifically expressly provided in an addendum, if any, to Paragraph 9 of this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. Notwithstanding the provisions of Article 11.
A. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent Rent and no liability of Landlord by reason of any injury to or interference with Tenant's ’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Premises, the Building or the Premises, or in or to fixtures, appurtenances and equipment thereinProject. Tenant waives the right to make repairs at Landlord's ’s expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and Section 1942 and any successor successive sections or statutes of a similar nature); provided.
(b) Tenant, howeverat its expense, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repairshall keep the Premises and all fixtures and equipment 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 fails 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 commence such repair within such two 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 Premises not required to be made by Landlord under subparagraph (2a) business day periodabove 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 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 performs any repair as permitted under this Paragraphfails to make such repairs or replacements within fifteen (15) days after written notice from Landlord, Landlord agrees to reimburse may at its option make such repairs or replacements, and Tenant shall upon demand pay Landlord for the reasonablecost thereof, actual and documented costs together with an administration fee equal to fifteen percent (15%) of such repair performed by Tenant, but without any off-set rights against rent costs.
(c) Upon the expiration or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions earlier termination of this Lease, including without limitationTenant shall surrender the Premises in a safe, clean and neat condition, normal wear and tear excepted. Prior to the expiration or earlier termination of this Lease, Tenant shall remove from the Premises (i) all trade fixtures, furnishings and other personal property of Tenant, except as otherwise set forth in Paragraph 124(b) of this Lease, keeping and (ii) all computer and phone cabling and wiring from the premises free from liensPremises, and 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 deemed to have abandoned the same, in which case Landlord may store or dispose of the same at Tenant’s expense, appropriate the same for itself, and/or sell the same in its discretion.
Appears in 1 contract
Repairs. A. By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. a. Tenant shall, at Tenant's its sole cost and expense, keep the Premises and every part thereof in good condition and repair repair, damage thereto from causes beyond the reasonable control of Tenant with and ordinary wear and tear excepted. Tenant shall shall, upon the expiration or sooner termination of this Lease hereof hereof, surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this LeaseSection 3, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed thereof, and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. Notwithstanding the provisions of Article 11.
A. hereinabove, b. Landlord shall repair and maintain the structural portions of the Building, including the basic roof, the plumbing, air conditioning, heating heating, and electrical and sprinkler systems installed or furnished by Landlord Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case case, subject to Section 14, Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. The cost of all such repairs (except repairs of structural defects) shall be included in Operating Expenses, except as otherwise provided herein. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as specifically provided in Article 22 hereofParagraph 21 below regarding reconstruction after a casualty, there shall be no abatement of rent Rent and no liability of Landlord by reason of any injury to or interference with Tenant's ’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, Premises or in or to fixtures, appurtenances and equipment therein. Except in the event of an emergency involving imminent threat to life or substantial property damage, Tenant waives the right to make repairs at Landlord's ’s expense under any law, statute or ordinance now or hereafter in effect (including effect.
c. Notwithstanding the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, howeverforegoing, if Landlord fails to make any repairs or to perform any repair work maintenance required of Landlord with respect to the Premises pursuant to this Paragraphhereunder and within Landlord’s reasonable control, within and such failure shall persist for an unreasonable time (not less than thirty (30) days days) after Landlord receives Tenant's written notice of the need for such repair (repairs or maintenance is given to Landlord and unless Landlord has commenced such repairs or maintenance during such period of time and is diligently pursuing the same, Tenant may (but shall not be required to) following a second notice (which notice shall have a heading in excess of thirty at least 12- point type, bold and all caps “FAILURE TO RESPOND SHALL RESULT IN TENANT EXERCISING SELF-HELP RIGHTS”) and Landlord’s failure to commence repairs within five (305) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs after receipt of such repair performed by Tenantsecond notice, but without any off-set rights against rent perform such repairs or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done maintenance in accordance with the provisions of this Lease governing Tenant’s repairs and Alterations and Tenant shall be entitled to offset all third party costs and expenses incurred by Tenant therefor against the next monthly installment of Base Rent, provided Tenant delivers to Landlord appropriate invoices and back-up documentation regarding such costs and expenses.
d. Notwithstanding anything contained in this Lease to the contrary, if (i) as a result of the negligence or willful misconduct of Landlord, its agents or employees, or any default of Landlord of its obligations under this Lease, including without limitationan interruption or curtailment, Paragraph 12suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, keeping and (ii) such Service Interruption continues for more than three (3) consecutive business days after Landlord shall have received notice thereof from Tenant, and (iii) as a result of such Service Interruption, the premises free Tenant cannot reasonably conduct its normal operations in the Premises, then there shall be an abatement of one day’s Base Rent and additional rent for each day during which such Service Interruption continues after such three (3) business day period. For purposes hereof, the term “Essential Services” shall mean the following services: access to the Premises, water and sewer/septic service, heat or ventilation and electricity. In the event that any such Service Interruption that materially and adversely affects the conduct of Tenant’s normal operations in the Premises continues for more than ninety (90) consecutive days after such written notice from liensTenant, Tenant shall have the right to terminate this Lease by written notice to Landlord at any time prior to the date that such Service Interruption ceases, and this Lease shall expire as of the date of such notice as though such date were originally set forth as the Term Expiration Date.
Appears in 1 contract
Repairs. A. By taking possession of Landlord shall at all times during the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof Lease Term maintain in good condition and repair damage thereto from causes beyond the reasonable control of Tenant with ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. Notwithstanding the provisions of Article 11.
A. hereinabove, Landlord shall repair and maintain operating order the structural portions of the Building, including including, without limitation, the basic foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, Base Building restrooms and all Common Areas (collectively, the “Building Structure”), and the Base Building mechanical, electrical, life safety, plumbing, air conditioning, heating sprinkler and electrical HVAC systems installed or furnished by Landlord unless such maintenance and repairs are caused (collectively, the “Building Systems”). Except as specifically set forth in part or in whole by this Lease to the actcontrary, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable required to repair the Building Structure and/or the Building Systems, except to the extent required because of Tenant’s use of the Premises for any failure other than normal and customary business office operations. 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, except for (a) damage caused by ordinary wear and tear or beyond the reasonable control of Tenant, (b) damage caused by fire or other casualty (which damage caused by fire or other casualty shall be governed by the terms of Article 11 of this Lease), (c) damage caused by the negligence or willful misconduct of Landlord or the Landlord Parties, and (d) damage that Landlord is required to repair or that results from Landlord’s breach of its obligations under this Lease; provided, however, that, Landlord shall have the exclusive right, at Landlord’s option, but not the obligation, to make such repairs and replacements at Tenant’s sole cost and expense. In the event that Landlord elects to make any such repair, Landlord hereby agrees that (1) the cost to Tenant of such repair shall be reasonably priced vis-à-vis the cost to Tenant if Tenant had contracted directly for such repair with another qualified contractor approved by Landlord, and (2) the time period required to complete such repair shall not be materially longer than the time period required to complete such repair had Tenant contracted directly for such repair with a qualified contractor approved by Landlord. In the event Landlord does not elect to make such repairs and replacements, then such repairs shall be performed by a contractor (and subcontractors, as necessary) retained by Tenant and approved by Landlord to perform work at the Project, provided that Landlord shall have the right to require the use of designated contractors or vendors with respect to work on the Building Structure or Building Systems (the “Major Trades”). Such contractor(s) shall follow Landlord’s reasonable and non-discriminatory construction administration procedures and utilize the standard specifications and details for the Building, all as promulgated by Landlord from time to time. Subject to the terms of Section 19.5 and Article 27 of this Lease 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 perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 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 Project or to any portion 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. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the Building California Civil Code or the Premises, or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any similar law, statute statute, or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from lienseffect.
Appears in 1 contract
Samples: Office Lease (Trulia, Inc.)
Repairs. A. By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair damage thereto from causes beyond the reasonable control of Tenant with ordinary wear and tear exceptedrepair. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. Notwithstanding the provisions of Article 11.
A. hereinaboveSection 11.A. above, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 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 the Premises, or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect effect, (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this ParagraphSection, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' days prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this ParagraphSection, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set offset rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph Article 12, keeping the premises Premises free from liens.
Appears in 1 contract
Repairs. A. By taking possession Tenant, after the commencement of the Premisesterm of this Lease, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and its own expense, keep maintain the Premises and every part thereof in as good condition and repair damage thereto from causes beyond as the Premises were upon the commencement of this term, except for (1) reasonable control of Tenant with ordinary wear and tear excepted. Tenant shall upon use during the expiration or sooner termination term of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that extension thereof, (2) structural repairs (3) repairs required to be made by Landlord has made no representations pursuant to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. Notwithstanding the provisions of Article 11.
A. hereinaboveparagraphs D and K of this Lease, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and (4) repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent and no liability of Landlord made necessary by reason of any injury to fire or interference with Tenant's business arising from other casualty, or by the making of any repairs, alterations negligent acts or omissions by Landlord or is agents or (5) 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 in erected or to any portion be erected upon the Premises are partially or totally destroyed or damaged by fire or other hazard then Landlord shall promptly provide Tenant with an estimated time frame for completion of the Building or restoration and promptly repair and restore such improvements as soon as it is reasonably practical to restore them so that they are restored substantially to the Premisesprior existing condition, or in or subject to fixturessuch changes as Tenant may reasonably require, appurtenances and equipment therein. 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 Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if that such changes will not increase the cost of restoration unless Tenant agrees to pay for such increased cost. Due allowance, however, shall be made for reasonable time necessary for Landlord fails to perform any repair work required of Landlord adjust the loss with respect to the insurance companies insuring the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice at the time of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature happening of the required work)fire or the casualty, then Tenant but in no event shall be permitted such adjustment result in Landlord not being obligated to make such repairsrestoration, using contractors reasonably approved and in any event the restoration must commence within 45 days after the happening of 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 strike, lockouts, or conditions beyond the control of Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repairbut in any event, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for said restoration must be completed on or before one year after the reasonable, actual and documented costs happening of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liens.fire
Appears in 1 contract
Samples: Commercial Lease (Intuit Inc)
Repairs. A. By taking possession of the Premises14.1 Except as otherwise provided in Article 14.2, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the non-structural portions of the Premises and every part thereof in good condition and repair, including the maintenance, cleaning and repair damage thereto from causes beyond the reasonable control of Tenant with ordinary wear all interior glass panels and tear exceptedpartitions. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building Premises, except as specifically herein set forth.
B. Notwithstanding forth in this Lease. Tenant shall, subject to the provisions of Article 1113.3, upon the expiration of the Term, surrender the Premises to Landlord in the same condition as received, ordinary wear and tear and casualty damage excepted. At the expiration of the Term, Tenant shall remove all trash and rubbish from the Premises and return the Premises in broom clean condition.
A. hereinabove14.2 Notwithstanding anything to the contrary contained in Article 14.1, and subject to Article 14.3, and Tenanx'x xxligation to pay Expense Rent pursuant to Article 5, Landlord shall repair and maintain the common areas, the structural portions of the BuildingBuilding and the structural portion of the Premises, if any, and all building systems, including the basic plumbing, air conditioning, heating conditioning and electrical systems installed or furnished by Landlord unless Landlord. To the extent such maintenance and repairs are caused in part or in whole repair is necessitated by the act, neglect, fault of or omission of any duty by the Tenant, its agents, servants, employees employees, licensees, or invitees, in which case Tenant shall pay to Landlord Landlord, upon receipt of written notice thereof, the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an any unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by TenantTenant and Landlord has not commenced to make the repair or perform the maintenance within thirty (30) days. Except as provided in Article 22 21 hereof, and so long as Landlord is making reasonable efforts to minimize interference, there shall be no abatement of rent and no liability of Landlord by reason of any injury to to, or interference with Tenant's business with, Tenanx'x xxsiness arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, . Tenanx xxxxes that the Premises described herein do not constitute a "Dwelling Unit" or "Dwelling" as the term is used in or to fixtures, appurtenances and equipment therein. 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 Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect Section 1940 et seq. Notwithstanding anything to the Premises pursuant contrary in the Lease, Landlord shall perform all such repair and maintenance required to this Paragraph, be performed by Landlord within thirty (30) days after Landlord receives Tenant's receipt of written notice of from Tenant describing the need for such repair (or such period of time work, unless the defect constitutes an emergency, in excess of thirty (30) days which case Landlord shall cure the defect as is reasonably necessary based upon quickly as possible. Notwithstanding anything to the nature contrary contained in this Lease, if Landlord shall fail to perform any of the required work)terms, provisions, covenants or conditions to be performed or complied with by Landlord pursuant to this Lease after expiration of all applicable notice and cure periods for Landlord's and any mortgagee's benefit as set forth in the Lease, then Tenant shall be permitted may, at Tenant's option without any obligation to make such repairsdo so, using contractors reasonably approved by after delivery of an additional written notice to Landlord, provided perform any such term, provision, covenant, or condition. If Tenant so performs any of Landlord's obligations hereunder, the amount of the reasonable and actual cost and expense incurred by Tenant shall immediately be owing by Landlord to Tenant, and Landlord shall promptly pay to Tenant upon demand the a reasonable undisputed amount thereof with interest thereon from the date of payment at the greater of (i) Tenant first gives Landlord an additional two ten percent (210%) business days' prior written notice indicating that Tenant intends to undertake such repairper annum, and or (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as the highest rate permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liensapplicable law.
Appears in 1 contract
Samples: Valuation and Qualifying Accounts (Syncor International Corp /De/)
Repairs. A. By taking possession (a) Landlord shall keep the Common Areas of the PremisesBuilding and the Project in a clean and neat condition. Subject to subparagraph (b) below, Landlord shall make all necessary repairs, within a reasonable period following receipt of notice of the need therefor from Tenant, to the exterior walls, exterior doors, exterior locks on exterior doors and windows of the Building, and to the Common Areas and to public corridors and other public areas of the Project not constituting a portion of any tenant’s premises and shall use reasonable efforts to keep all Building standard equipment used by Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof common with other tenants in good condition and repair damage thereto from causes beyond and to replace same at the end of such equipment’s normal and useful life, reasonable control of Tenant with ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant casualty loss excepted. Except as specifically expressly provided in an addendum, if any, to Paragraph 9 of this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. Notwithstanding the provisions of Article 11.
A. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent Rent and no liability of Landlord by reason of any injury to or interference with Tenant's ’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Premises, the Building or the Premises, or in or to fixtures, appurtenances and equipment thereinProject. Tenant waives the right to make repairs at Landlord's ’s expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and Section 1942 and any successor successive sections or statutes of a similar nature); provided.
(b) Tenant, howeverat its expense, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repairshall 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 fails 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 commence such repair within such two 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 Premises not required to be made by Landlord under subparagraph (2a) business day periodabove 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 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 performs any repair as permitted under this Paragraphfails to make such repairs or replacements within fifteen (15) days after written notice from Landlord, Landlord agrees to reimburse may at its option make such repairs or replacements, and Tenant shall upon demand pay Landlord for the reasonablecost thereof, actual and documented costs together with an administration fee equal to fifteen percent (15%) of such repair performed by Tenant, but without any off-set rights against rent costs.
(c) Upon the expiration or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions earlier termination of this Lease, including without limitationTenant shall surrender the Premises in a safe, clean and neat condition, normal wear and tear excepted. Prior to the expiration or earlier termination of this Lease, Tenant shall remove from the Premises (i) all trade fixtures, furnishings and other personal property of Tenant, except as otherwise set forth in Paragraph 124(b) of this Lease, keeping and (ii) all computer and phone cabling and wiring installed by or on behalf of Tenant, and Tenant shall repair all damage caused by such removal, and shall restore the premises free from liensPremises 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 deemed to have abandoned the same, in which case Landlord may store or dispose of the same at Tenant’s expense, appropriate the same for itself, and/or sell the same in its discretion. Notwithstanding the foregoing to the contrary, Tenant shall have no obligation to remove the Tenant Improvements to be constructed in the Premises by Landlord pursuant to Exhibit B attached hereto.
Appears in 1 contract
Samples: Office Lease (Inuvo, Inc.)
Repairs. A. a. By taking possession of the Premises, Tenant shall be he deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair repair, damage thereto from causes beyond the reasonable control of Tenant with and ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage damage, from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. b. Notwithstanding the provisions of Article 11.
A. a. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating heating, and electrical systems systems, installed or furnished by Landlord Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. , Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 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 the Premises, Premises or in or to fixtures, appurtenances and equipment therein. 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 Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from lienseffect.
Appears in 1 contract
Samples: Lease Agreement (Sionix Corp)
Repairs. A. By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises clean and every part thereof in good order and condition and repair damage thereto from causes beyond immediately pay Landlord, upon demand, for the reasonable control cost to make any repairs caused by Tenant’s negligence or misuse or that of Tenant with ordinary wear and tear exceptedTenant’s family, guests, invitees or agents. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. Notwithstanding the provisions of Article 11.
A. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission give prompt notice of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to needed. Landlord by Tenant. Except as provided in Article 22 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 the Premises, or in or to fixtures, appurtenances and equipment therein. Tenant waives the right will make reasonable efforts to make necessary repairs at Landlord's expense under any lawwithin five business days of notification. If Tenant is experiencing an emergency, statute for example, lack of heat or ordinance now hot water or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); providedwater leaks, however, if Landlord fails will attempt to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, make necessary repairs within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based one business day. Scheduling repairs may take longer than times noted above depending upon the nature of the required work)issue, then the availability of materials, and/or labor. Burned out light bulbs shall be promptly replaced by Tenant at Tenant’s expense with the proper size, type and wattage bulb. Resetting a circuit breaker, resetting a garbage disposal, resetting GFCI outlets, and similar actions that can be reasonably performed by Tenant without assistance, shall be the responsibility of Tenant prior to contacting Landlord for maintenance. Tenant is not authorized to conduct any structural repairs or any cosmetic repairs that would permanently alter the appearance of the Premises in any manner. Tenant agrees that, except for any window being noted as cracked or broken on the Move-In Checklist, Tenant shall reimburse Landlord the cost to repair or replace any window that becomes cracked or broken during the Lease term. Tenants shall be permitted responsible for damages to the Premises caused by theft, break-ins, accidents or unexplained events of the Premises. Tenants shall pay for any extermination costs for any pests. Landlord reserves the right to charge a fee for any request made by Tenant for the repair of any item that Landlord determines was not a reasonable or necessary request. Tenant shall not incur any liabilities or expenses chargeable to Landlord. Tenant must make arrangements to provide access to the Premises to all persons whose entry is reasonably required to make such any repairs to the Premises. Prior to entry, Tenant must move all personal property from the area where the repairs will be made as reasonably necessary to complete the repairs. Tenant must make arrangements to restrain all Pets at all times any person performing repairs is present in the Premises in a manner sufficient to avoid any impairment to the repairs. If a repair person retained by Landlord is unable to enter or access the Premises, is unable to complete the repairs, using contractors reasonably approved or is delayed in completing the repairs due to Tenant’s failure to perform any obligations stated in this Section,, Tenant shall pay any charge, including time and mileage, incurred by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends including any charge or cost to undertake such cancel or reschedule the repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liens.
Appears in 1 contract
Samples: Rental Agreement
Repairs. A. By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair9.01. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair damage thereto from causes beyond the reasonable control of Tenant with ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, Except for ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except except as specifically otherwise provided in an addendum, if any, to this LeaseSection 9.02, Landlord shall have perform all maintenance and make all repairs and replacements to the Premises (including the Leasehold Improvements). Tenant shall pay to Landlord the actual cost (including a fee equal to five percent (5%) of actual costs to cover a fee for Landlord’s agent or manager) for (a) all maintenance, repairs and replacements within the Premises (including the Leasehold Improvements), other than maintenance, repairs and replacements to any Building system or component within the Building core serving the tenants in the Building (“Central Systems”) located within the Premises; or (b) all repairs and replacements necessitated by damage to the Project (including the Building structure and the Central Systems) caused by the gross negligence or willful misconduct of Tenant or its agents, contractors, invitees and licensees. Amounts payable by Tenant pursuant to this Section 9.01 shall be payable on demand after receipt of an invoice therefor from Landlord. Landlord has no obligation whatsoever and has made no promise to maintain, alter, remodel, improve, repair, decorate decorate, or paint the Premises or any part thereof once thereof, except as specifically set forth in this Lease. In no event shall Landlord have any obligation to maintain, repair or replace any furniture, furnishings, fixtures or personal property of Tenant.
9.02. Tenant shall keep the initial tenant improvements are completed Premises (including the Leasehold Improvements) in good order and the parties hereto affirm that Landlord has made no in a safe, neat and clean condition. No representations to Tenant respecting the condition of the Premises or the Building or the other portions of the Project have been made by Landlord to Tenant except as specifically herein set forthforth in this Lease. Except as provided in Section 10.01 or specifically consented to by Landlord, Tenant shall not perform any maintenance or repair work or make any replacement in or to the Premises (including the Leasehold Improvements), and any branch of a Central System serving the Premises (“Branch System”), but rather shall promptly notify Landlord of the need for such maintenance, repair or replacement so that Landlord may proceed to perform the same. In the event Landlord specifically consents to the performance of any maintenance or the making of any repairs or replacements by Tenant and Tenant fails to promptly commence and diligently pursue the performance of such maintenance or the making of such repairs or replacements, then Landlord, at its option, may perform such maintenance or make such repairs and Tenant shall reimburse Landlord, on demand after Tenant receives an invoice therefor, the cost thereof plus fifteen percent (15%) of the actual costs to cover a fee for Landlord’s agent or manager.
B. Notwithstanding 9.03. All repairs made by Tenant pursuant to Section 9.02 shall be performed in a good and workmanlike manner by contractors or other repair personnel selected by Tenant and approved by Landlord, which approval shall not be unreasonably withheld or delayed; provided, however, that neither Tenant nor its contractors or repair personnel shall be permitted to do any work affecting the Central Systems of the Building.
9.04. Subject to the other provisions of Article 11.
A. hereinabovethis Lease imposing obligations regarding repair upon Tenant, Landlord shall repair maintain, throughout the Term of this Lease and maintain any extensions thereof, in good working order the structural portions Common Areas of the Project, as well as the structural, mechanical, electrical, plumbing, fire/life/safety, and any other systems of the Building, including the basic plumbingexterior and interior structure, air conditioning, heating which do not comprise a part of the Premises and electrical systems installed or furnished by Landlord unless such are not leased to others. Said normal maintenance and repairs are caused in part or in whole by the actrepair shall be included as a component of Operating Costs, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. provided that Landlord shall not be liable responsible, at its sole cost and expense, for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 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 all capital repairs, alterations or replacements and improvements in or to any portion of the Building or and the PremisesProject, or other than those costs and expenses related to such capital improvements that are to be included in or to fixtures, appurtenances and equipment therein. 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 Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done Operating Costs in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liensSection 5.02(h) hereof.
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Samples: Lease Agreement (Sigmatel Inc)
Repairs. A. 11A. By taking possession of the Premisesentry hereunder, Tenant shall be deemed to have accepted the Premises as being in good, good sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair damage thereto from causes beyond including without limitation, the reasonable control maintenance, replacement and repair of Tenant with ordinary wear any storefront, doors, windows casements, glazing, heating and tear exceptedair-conditioning system (when there is an air-conditioning system). Tenant shall obtain a service contract for repairs and maintenance of said system, said maintenance contract to conform to the requirements under the warranty, if any, on said system), plumbing, pipes, electrical wiring and conduits. Tenant shall, upon the expiration or sooner termination of this Lease hereof hereof, surrender the Premises to the Landlord in good condition, broom clean, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, Any damage to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition adjacent premises caused by Tenant's use of the Premises or shall be repaired at the Building except as specifically herein set forth.
B. sole cost and expense of Tenant. 11B. Notwithstanding the provisions of Article 11.
A. hereinabove11A herein- above, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbingexterior walls and roof, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees employees, invitee, or inviteesany damage caused by breaking and entering, in which case Tenant shall pay to Landlord the reasonable actual cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 25 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 the Premises, Premises or in or to fixtures, appurtenances and equipment therein. 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 Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from lienseffect.
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Repairs. A. By taking possession of Tenant shall replace as necessary all light bulbs, fluorescent tubes, ballasts and other lighting devices in lighting fixtures within the Premises, . Tenant shall be deemed to have accepted responsible for the repair and maintenance of any minor issues within the premises. (Example: replacement of air filters, the fixing or replacement of a leaky faucet, etc.) The Landlord shall be responsible for the repair, replacement, and or maintenance of any major issues within the premises. (Example: repair or replacement of a burst/broken water line/pipe/main, the repair of any electrical issues that were caused by something other than the negligence of the tenant, etc.) Except as set forth herein, Tenant shall, at its expense, keep the interior of the Premises as being in good, sanitary order, good condition and repairrepair and shall also be responsible for the entire cost of all repairs and replacements otherwise the responsibility of Landlord hereunder that are required by reason of acts or negligence of Tenant, its agents, employees, customers or invitees. Tenant shall be responsible for repairing any damage to the Building caused by the installation or moving of Tenant's furniture, equipment and personal property. Tenant shall, at Tenant's sole cost and its expense, also repair or replace with glass of equal quality any broken or cracked plate or other glass in doors, windows and elsewhere in or adjacent to the Premises. Tenant shall at all times keep the Premises in a clean, orderly, neat and every part thereof in good condition and repair damage thereto from causes beyond the reasonable control of Tenant with ordinary wear and tear exceptedsafe condition. Tenant shall upon not defer any repairs or replacements to the Premises by reason of the anticipation of the expiration or sooner termination of this Lease hereof surrender the Premises to Term. In the Landlord in good conditionevent that, ordinary wear and tear and damage from causes beyond at the reasonable control request of Tenant excepted. Except as specifically provided in an addendum, if any, to this LeaseTenant, Landlord shall have no obligation whatsoever to alterperforms any maintenance, remodel, improve, repair, decorate repairs or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition servicing of the Premises or which is the Building except as specifically herein set forth.
B. Notwithstanding the provisions obligation of Article 11.
A. hereinaboveTenant hereunder, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case then Tenant shall pay to Landlord the reasonable cost of such maintenance and repairsdirectly tberefor. Tenant shall give Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need for any such repairs to be made by Landlord, and Landlord shall be under no liability for damage or injury, however caused, in the event of its failure to make such repairs unless it shall have received such notice from Tenant and failed to make such repairs within a reasonable time after receipt of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 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 the Premises, or in or to fixtures, appurtenances and equipment thereinnotice. Tenant hereby waives the any right to make repairs at Landlord's expense under expense. Landlord may make any lawalterations, statute improvements or ordinance now repairs which Landlord may deem necessary for the preservation, safety or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice improvement of the need Premises. Not withstanding the above, Landlord shall be responsible for such the repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature and replacement of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repairroof and Building structure, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs replacement of any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liensHVAC equipment.
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Repairs. A. By taking possession of the Premisesa. Except as provided by Exhibit B to this Lease, Tenant shall be deemed to have accepted accept the Premises in "as being is" condition as of the date of execution of this Lease. Tenant agrees that the Premises in such condition are in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair repair, damage thereto from causes beyond the reasonable control of Tenant with covered by Landlord's fire and extended coverage policy and ordinary wear and tear excepted. Tenant shall , and upon the expiration or sooner termination of this Lease hereof shall surrender the Premises to the Landlord in good condition, damage covered by Landlord's fire and extended coverage policy and ordinary wear and tear and damage from causes beyond excepted. Further, Tenant shall pay to Landlord the reasonable control cost of Tenant exceptedrepairing or replacing any interior or exterior glass panels caused in part or in whole by the act of Tenant, its agents, servants, employees or invitees. Except as specifically provided in an addendum, if any, Exhibit B to this Lease, Landlord shall have has no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.. ------------------------ Please Initial
B. b. Notwithstanding the provisions of Article 11.
A. Section 12.a. hereinabove, Landlord shall repair and maintain the roof, foundation, structural portions of the Building, including the Intrabuilding Network Cabling furnished by Landlord, and the basic plumbing, air conditioning, heating heating, elevators and electrical systems systems, installed or furnished by Landlord for the Building, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 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 the Premises, or in or to fixtures, appurtenances and equipment therein. 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 inclusive of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Landlord's repair duties and Tenant's written right to repair. Notwithstanding anything in this Lease to the contrary, Landlord shall not in any way be liable to Tenant for failure to maintain or repair are herein specifically required of its unless Tenant has previously notified Landlord (notice shall comply with requirements of Section 30(3) of this Lease) of the need for such repair (or maintenance and repairs and Landlord has failed to commence and complete such repairs within a reasonable period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs following receipt of such repair performed by Tenantnotice, but without provided, however, any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant residual liability of Landlord shall nonetheless be done in accordance with subject to the provisions of Article 16 of this Lease, including without limitation, Paragraph 12, keeping the premises free from liens.
Appears in 1 contract
Repairs. A. By taking possession (a) Tenant shall, at its own cost and expense, keep in good repair all portions of the Premises, including but not limited to glass and plate glass doors, any special store front, interior walls and finish work, floors and floor coverings, and supplemental or special heating and air conditioning systems owned by Tenant, and shall take good care of the Premises and its fixtures and permit no waste, except for normal wear and tear. Except as otherwise provided in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to repair any Building Systems (as defined in Subparagraph 7(a)). Notwithstanding any provision to the contrary, all damage or injury to the Building, or to its fixtures and appurtenances (including Building Systems), resulting from any act or omission of, or Alterations made by Tenant or persons within Tenant's control shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. repaired by Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair damage thereto from causes beyond expense to the reasonable control satisfaction of Tenant with ordinary wear Landlord if the required repairs are non-structural in nature and tear excepteddo not affect any Building Systems or by Landlord at Tenant's sole cost and expense if the required repairs are structural in nature or affect any Building Systems. If Tenant shall upon fail, after ten (10) days notice (or such shorter period as may be required because of an emergency) to proceed with due diligence to make required repairs, the expiration or sooner termination of this Lease hereof surrender same may be made by Landlord, and the Premises to expenses incurred with interest at the Landlord in good conditionApplicable Rate (as defined below), ordinary wear and tear and damage from causes beyond the reasonable control of Tenant exceptedshall be paid as Additional Rent within ten (10) days after demand. Except as specifically otherwise provided in an addendumthis Subparagraph 6(a), if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. Notwithstanding the provisions of Article 11.
A. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure required to make any repairs or improvements to the Premises, other than structural, mechanical or electrical repairs necessary for safety and tenantability, and such repairs or shall be made during Business Hours.
(b) Landlord shall operate, maintain and make all necessary repairs to perform any maintenance unless such failure shall persist for an unreasonable time after written notice the Building Systems and the public portions of the need Building in conformance with standards applicable to non-institutional, office buildings in Atlanta, except for those repairs for which Tenant is responsible pursuant to this Lease. Landlord shall use reasonable efforts to minimize interference with Tenant's use and occupancy of the Premises in making any repairs, alterations, additions or improvements; provided, however, that Landlord shall perform such repairs or maintenance is given to Landlord by Tenantwork during Business Hours. Except as expressly provided in Article 22 hereofthis Lease, there shall be no abatement allowance to Tenant for a diminution of rent rental value and no liability on the part of Landlord by reason of any for inconvenience, annoyance or injury to or interference with Tenant's business arising from the making of Landlord, Tenant or others making, or failing to make, any repairs, alterations alterations, additions or improvements in or to any portion of the Building or the Premises, or in or to its fixtures, appurtenances and equipment therein. 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 Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liensequipment.
Appears in 1 contract
Repairs. A. By taking possession Landlord shall make all repairs necessary to maintain the plumbing, air conditioning, and electrical systems, windows, floors (excluding floor coverings), and all other items which do not constitute a part of the PremisesPremises and are installed or furnished by Landlord, except repairs of Tenant's trade fixtures and property and installations which Tenant was obligated to make or which were performed by Landlord or others at Tenant's request or expense. Landlord shall not, however, be obligated for any of such repairs until the expiration of a reasonable period of time after receipt of written notice from Tenant that such repairs are needed. In no event shall Landlord be obligated under this Paragraph to repair any damage caused by any act, omission or negligence of the Tenant or its employees, agents, invitees, licensees, subtenants, contractors, subcontractors or assignees. Tenant shall be deemed to have accepted take good care of the Premises as being in good, sanitary order, condition and repairthe fixtures and appurtenances therein. Tenant shall, at Tenant's its sole cost and expense, keep repair and replace all damage or injury to the Premises and every part thereof Building and to fixtures and equipment caused by Tenant or its employees, agents, invitees, licensees, subtenants, contractors, or subcontractors, or assignees, including, but not limited to, injury or damage resulting from all or any of them moving in good condition or out of the Building or by installation or removal of furniture, fixtures or other property, which repairs and repair damage thereto from causes beyond the reasonable control of Tenant with ordinary wear replacements shall be in quality and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises class equal to the original, undamaged condition. If Tenant fails to make such repairs or replacements, the same may be made by Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. Notwithstanding accordance with the provisions of Article 11.
A. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairsParagraph 26N hereof. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any inconvenience, injury to to, or interference with Tenant's business arising from the making of any repairs, alterations alterations, additions or improvements in or to any portion of the Premises or the Land and Building or the Premises, to any appurtenances or in or to fixtures, appurtenances and equipment therein. Tenant waives the right Landlord shall use reasonable efforts to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect minimize such inconveniences and interference (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if but Landlord fails shall not be required to perform any repair such work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (normal business hours or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required workon an overtime basis), then Tenant . There shall be permitted to make no abatement of rent because of such repairs, using contractors reasonably approved by Landlordalterations, additions or improvements, except as may be specifically provided (i) Tenant first gives in Paragraph 11 hereof. Landlord an additional two (2) business days' prior written notice indicating that Tenant intends covenants to undertake make reasonable efforts to implement such repairrepairs, alterations, additions or improvements in a timely and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenantexpeditious manner, but without any off-set rights against rent or any in no event shall Landlord be required to perform such work at times other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liensthan during Normal Business Hours.
Appears in 1 contract
Samples: Lease Agreement (Sonic Foundry Inc)
Repairs. A. a. By taking possession of the Premisesentry hereunder, Tenant shall be deemed to have accepted Tenaxx xxxepts the Premises as being in good, good and sanitary order, condition and repair. Subject to Paragraph 23 hereof Tenant shall keep, maintain and preserve the Premises in first class condition and repair, normal wear and tear excepted and shall, when and if needed, at Tenant's sole cost and expense, keep make all repairs to the Premises and every part thereof in good condition and repair damage thereto from causes beyond the reasonable control of Tenant with ordinary wear and tear exceptedthereof. Tenant shall shall, upon the expiration or sooner termination of this Lease hereof the term hereof, surrender the Premises to the Landlord in good conditionthe same condition as when received, usual and ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the thereof. The parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises Premises, the building, the Project or the Building Common Area except as specifically herein set forth.
B. Notwithstanding b. Anything contained in Paragraph 15a above to the provisions of Article 11.
A. hereinabovecontrary notwithstanding, Landlord shall repair and maintain the structural portions of the Buildingbuilding and the plumbing, including the basic plumbingheating, ventilating, air conditioning, heating elevator and electrical systems installed or furnished by Landlord Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault neglect or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord Landlord, as additional rent, the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 Paragraph 23 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 Tenaxx'x xusiness arising from the making of any repairs, alterations or improvements in or to any portion of the Building building or the Premises, Premises or in or to fixtures, appurtenances and equipment therein. 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 Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from lienseffect.
Appears in 1 contract
Samples: Office Building Lease (Stac Inc)
Repairs. A. (Page -6- Office Building Lease)
a. By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair repair, damage thereto from causes beyond the reasonable control of Tenant with and ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. b. Notwithstanding the provisions of Article 11.
A. a. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating heating, and electrical systems systems, installed or furnished by Landlord Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 23 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 the Premises, Premises or in or to fixtures, appurtenances and equipment therein. 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 Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from lienseffect.
Appears in 1 contract
Repairs. A. a. By taking possession of the Premisespremises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair repair, damage thereto from causes beyond the reasonable control of Tenant with and ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. b. Notwithstanding the provisions of or Article 11.
A. 11.a, hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating heating, and electrical systems systems, installed or furnished by Landlord Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 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, repairs alterations or improvements in or to any portion of the Building or the Premises, Premises or in or to fixtures, appurtenances and equipment therein. 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 Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from lienseffect.
Appears in 1 contract
Repairs. A. (a) By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair repair, damage thereto from causes beyond the reasonable control of Tenant with and ordinary wear and tear excepted. Tenant shall shall, upon the expiration or sooner termination of this Lease hereof hereof, surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of the Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate decorate, or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the this condition of the Premises or the Building except as specifically herein set forth.
B. (b) Notwithstanding the provisions provision of Article 11.13
A. (a) hereinabove, Landlord shall repair and maintain the structural portions of the Building, Building including the basic plumbing, air conditioning, heating heating, and electrical systems installed or furnished by Landlord Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided provide in Article 22 24 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 building or the Premises, Premises or in or to fixtures, appurtenances and equipment therein. 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 Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from lienseffect.
Appears in 1 contract
Samples: Office Building Lease (Sycamore Park Convalescent Hospital)
Repairs. A. (a) By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repairrepair except as noted in 9(a) (2) above. Tenant shall, at Tenant's sole cost and expense, keep the %he Premises and every part thereof in good condition and repair damage thereto from causes beyond the reasonable control of Tenant with repair, ordinary wear and tear excepted. Tenant shall shall, upon the expiration or sooner voluntary or involuntary termination of this Lease hereof Lease, surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided If the Premises are not returned in an addendum, if any, to this Leasegood condition, Landlord shall have no obligation whatsoever be entitled to alterpass on a reasonable charge, remodelin an amount equal to the actual cost of any cleaning, improve, repair, decorate or paint repairing and replacing necessary to restore the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that to good condition, so long as Landlord has made no representations to Tenant respecting provided the condition of the Premises or the Building except as specifically herein set forthwork called for in 9(a) (2) above.
B. (b) Notwithstanding the provisions of Article 11.
A. hereinaboveforegoing, Landlord shall repair at its sole cost and maintain expense be responsible for any repairs, maintenance and replacement in the structural portions of the Building, including the basic plumbingstructural portions of the roof (defined as supporting columns, air conditioningwalls, heating joists and electrical systems installed or furnished by Landlord decking) and exterior walls, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or employees, and invitees, in which case the Tenant shall pay to Landlord the reasonable at Tenant's sole cost of such maintenance and repairs. Landlord shall not be liable for any failure to expense, make any such repairs or and replacements as are necessary to perform any maintenance unless maintain such failure shall persist structural portions in a good condition.
(c) Tenant shall, at Tenant's expense be responsible for an unreasonable time after written notice making repairs and maintaining, in addition to those required under paragraph 6(c)(ii), the electrical systems of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent Building 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 built-up portion of the Building or the Premisesroof (which shall be limited to shingles, felt, tar, insulating materials, asphalt and gravel components, layered membranes, or in or to fixtures, appurtenances and equipment thereinother similar non-structural roofing systems). 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 Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to may inspect the Premises pursuant from time to time to determine whether Tenant has performed the obligations in this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liens.paragraph 10
Appears in 1 contract
Samples: Lease (Visual Numerics Inc)
Repairs. A. (a) By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair repair, damage thereto from causes beyond the reasonable control of Tenant with and ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease term hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. (b) Notwithstanding the foregoing provisions of this Article 11.
A. hereinabove1 1, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems systems, installed or furnished by Landlord Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure materially and adversely affects Tenant's possession and shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 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 the Premises, or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to terminate this Lease in the event of any failure to make repairs or maintenance and 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 Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from lienseffect.
Appears in 1 contract
Repairs. A. a. By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair repair, damage thereto from causes beyond the reasonable control of Tenant with and ordinary wear and tear excepted. In addition, Tenant shall is responsible for causing the parking areas, driveways, alleys and grounds surrounding the Premises to be maintained in a good, neat, clean and sanitary condition, which includes without limitation (1) promptly making all necessary repairs and replacements thereto, (2) repaving of the parking areas associated with the Premises, (3) maintenance and replacement of all grass, shrubbery and other landscape treatments surrounding the Premises, (4) maintenance and repainting of the exterior of he Premises, (5) sewage line plumbing, and (6) any other maintenance items normally associated with the foregoing. Tenant shall, upon the expiration or sooner termination of this Lease hereof hereof, surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed thereof, and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. Notwithstanding b. Tenant, at its own cost and expenses, shall cause to be performed, in accordance with standards reasonably suitable to Landlord, regularly scheduled preventive maintenance and services on all hot water, heating and air conditioning systems and equipment within the provisions Premises. Such maintenance and services, of Article 11the new systems to be installed, must include all service suggested by the equipment manufacturers in their operations/maintenance manuals and must become effective within thirty (30) days of the date Tenant takes possession of the Premises. If Tenant fails, with any reasonable time, to perform Tenant's maintenance, repair and replacement obligations and any other items that are otherwise its obligations under the terms of this Lease, then Landlord reserves the right to perform such obligations and require reimbursement from Tenant upon demand.
A. hereinabove, c. Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord Building unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. The cost of all such repairs (except repairs of structural defects) shall be included in Operating Expenses as provided in Article 7 hereof. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 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 the Premises, Premises or in or to fixtures, appurtenances and equipment therein. 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 Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from lienseffect.
Appears in 1 contract
Samples: Lease (Exabyte Corp /De/)
Repairs. A. By taking possession SECTION 1. Lessor shall keep the foundations, exterior walls (except plate glass or glass or other breakable materials used in structural portions) roof, and sprinklers in good repair.
SECTION 2. Lessee shall contract for the maintenance of mechanical equipment. The Lessee shall replace any hot water heater as the need should arise with the same type and quality servicing the Leased Premises. The Lessor shall replace, as needed, the heating and air conditioning equipment, provided the unit has been serviced annually. Lessee will be entitled to apply any benefits which Lessor may have under any warranties on such mechanical systems either by assignment of such warranties to Lessee or through cooperation of Lessor and Lessee in making claims under such warranties. Lessor shall have the option to elect whether to assign warranties or participate in making claims.
SECTION 3. Lessor shall not be liable for failure to keep the Leased Premises in repair, unless notice of the Premisesneed for repairs has been given Lessor, Tenant shall be deemed to have accepted after the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair damage thereto from causes beyond the reasonable control of Tenant with ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises same has come to the Landlord in good conditionexplicit attention of Lessee, ordinary wear a reasonable time has elapsed and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, Lessor has failed to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. Notwithstanding the provisions of Article 11.
A. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless make such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord Lessor shall not be liable for any damage done or occasioned by or from the electrical system, the heating and/or air conditioning system, the plumbing and sewer system in, above, upon or about the Leased Premises nor for damage occasioned by water, snow or ice being upon or coming through the roof, walls, windows, doors or otherwise, unless such damages are a result of Lessor's negligence or intentional misconduct in performance or failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenantas above provided.
SECTION 4. Except as provided in Article 22 hereofSections 1, there 2 and 3 of this Article, Lessor shall not be no abatement of rent and no liability of Landlord by reason obligated to make repairs, replacements or improvements of any injury to or interference with Tenant's business arising from the making of any repairskind upon said Leased Premises, alterations or improvements in or to any portion of the Building equipment facilities or the Premisesfixtures therein contained, or which shall at all times be kept in or to fixturesgood order, appurtenances condition and equipment therein. 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 Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repairLessee, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraphin a clean, Landlord agrees to reimburse Tenant for the reasonable, actual sanitary and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done safe condition and in accordance with all applicable laws, ordinances and regulations of any governmental authority having jurisdiction. Lessee shall permit no waste, damage, or injury to the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liensLeased Premises.
Appears in 1 contract
Repairs. A. a. By taking possession of the Premisesentry hereunder, Tenant shall be deemed to have accepted Tenaxx xxxepts the Premises as being in good, good and sanitary order, condition and repair. Subject to Paragraph 23 hereof. Tenant shall keep, maintain and preserve the Premises in first class condition and repair, normal wear and tear excepted, and shall, when and if needed, at Tenant's sole cost and expense, keep make all repairs to the Premises and every part thereof in good condition and repair damage thereto from causes beyond the reasonable control of Tenant with ordinary wear and tear exceptedthereof. Tenant shall shall, upon the expiration or sooner termination of this Lease hereof the term hereof, surrender the Premises to the Landlord in good conditionthe same condition as when received, usual and ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the party thereof. The parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises Premises, the building, the Project or the Building Common Area except as specifically herein set forth.
B. Notwithstanding b. Anything contained in Paragraph 15a above to the provisions of Article 11.
A. hereinabovecontrary notwithstanding, Landlord shall repair and maintain the structural portions of the Buildingbuilding and the plumbing, including the basic plumbingheating, ventilating, air conditioning, heating elevator and electrical systems installed or furnished by Landlord Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault neglect or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord Landlord, as additional rent, the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 Paragraph 23 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 Tenaxx'x xusiness arising from the making of any repairs, alterations or improvements in or to any portion of the Building building or the Premises, Premises or in or to fixtures, appurtenances and equipment therein. 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 Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from lienseffect.
Appears in 1 contract
Samples: Office Building Lease (Stac Inc)
Repairs. A. By taking possession The Authority shall keep the structural components of the PremisesCSA (including the walls and roof), Tenant the mechanical systems serving the CSA (i.e., HVAC, plumbing, electrical and natural gas systems), and the Authority-owned equipment and fixtures in good repair, subject to Concessionaire’s maintenance obligations set forth above. Authority shall not be required to make any repairs to the CSA, mechanical systems or Authority-owned equipment or fixtures or any other elements of the CSA unless and until Concessionaire has notified Authority in writing of the need for such repairs. Authority shall have a reasonable period of time following receipt of such notice to commence and complete said repairs. Notwithstanding the foregoing, Concessionaire shall repair all damage to the CSA and all improvements on the CSA, including furnishings, fixtures, and equipment, caused by the negligence or willful acts or omissions of Concessionaire, its employees, agents, servants, or licensees. All repairs to the CSA done by or on behalf of Concessionaire shall be deemed of first-class quality in both materials and workmanship, shall be equal to or better than the original in materials and workmanship, and, except in emergencies requiring immediate response, shall have accepted the Premises prior written approval of the Airport Director. All repairs shall conform to the applicable rules and regulations and building codes prescribed from time to time by federal, state, or local authority having jurisdiction over the CSA. Airport Director shall be the sole judge of the quality of the repairs. Concessionaire expressly waives any and all claims for damages of any kind, including but not limited to loss of profits as being in gooda result of the interruption of Concessionaire’s business, sanitary orderresulting from the need for repairs to the CSA, condition and repairthe mechanical systems or Authority-owned equipment or fixtures, whether such repairs are undertaken by the Authority or Concessionaire. Tenant shallConcessionaire shall repaint or refinish, at Tenant's its sole cost and expense, keep high traffic areas of the Premises CSA subject to greater-than-normal wear on a schedule to be specified by Concessionaire, or as may be directed by the Airport Director if Concessionaire fails to specify a reasonable schedule. Concessionaire shall repair or replace Concessionaire’s trade fixtures and every part thereof in good condition equipment that become worn, chipped, dented, or gouged. All repainting and repair damage thereto from causes beyond the reasonable control of Tenant with ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord refinishing shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition prior written approval of the Premises or the Building except as specifically herein set forthAirport Director.
B. Notwithstanding the provisions of Article 11.
A. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 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 the Premises, or in or to fixtures, appurtenances and equipment therein. 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 Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liens.
Appears in 1 contract
Samples: Concession Agreement
Repairs. A. By taking possession 14.1 Landlord, at Tenants expense (which shall be prorated based upon Tenant's percentage interest of the Premisesannual maximum total Building cost of $7,200.00 as depicted on the Rent Summary ("Structural Repairs"), and shall perform all exterior maintenance, including the maintenance of all parking areas, snow and ice removal, sidewalks, curbing, fencing and landscaping ("Exterior Maintenance"). If Tenant shall be dissatisfied with the performance by Landlord of any required Exterior Maintenance which Landlord has agreed to perform, upon advance notice to Landlord, Tenant shall be deemed permitted to have accepted arrange for the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair damage thereto from causes beyond the reasonable control of Tenant with ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition performance of the Premises or the Building except as specifically herein set forth.
B. Notwithstanding the provisions of Article 11.
A. hereinaboveExterior Maintenance, Landlord shall repair and maintain the structural portions of the Building, provided that any such arrangement (including the basic plumbingcontractor selection by Tenant) shall be approved by Landlord, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant approval shall pay to Landlord the reasonable cost of such maintenance and repairsnot be unreasonably withheld. Landlord shall not be liable for any failure to make any such repairs or to and perform any maintenance unless such failure shall persist for an unreasonable time on a reasonably prompt basis after written notice of the need of for such repairs repair or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there 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 or the failure to make any repairs, alterations or improvements in or to any portion of the Building or the Premises, Demised Premises or in or to fixtures, appurtenances and equipment therein. 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 Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect Subject to the Premises pursuant to $7,200,000 limitation of this ParagraphSection, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted responsible for the payment of the full cost of all Structural Repairs and Exterior Maintenance in the year in which the Structural Repairs and Exterior Maintenance is performed and shall pay such amounts as Additional Rent pursuant to make such repairs, using contractors reasonably approved Section 3.1(c) hereof upon the presentation of invoices by Landlord.
14.2 Tenant shall keep and maintain the Demised Premises in a good and complete state of repair and condition, provided except for ordinary wear and tear. Except for Structural Repairs and Exterior Maintenance, Tenant shall make and perform all interior non-structural repairs and maintenance, including, but not limited to, the plumbing, heating, ventilation, air conditioning and electrical equipment and systems, lights and lighting, necessary to preserve and maintain the Demised Premises and the appurtenances belonging thereto, and will not call upon Landlord during the Term for the making of any repairs or replacements whatsoever, except for Structural Repairs and Exterior Maintenance. All such repairs and replacements shall (ia) Tenant first gives Landlord an additional two be performed in a good and workmanlike manner, (2b) business days' prior written notice indicating that Tenant intends be at least substantially equal in quality and usefulness to undertake such repairthe original work, (c) be of first- class modern character, and (iid) Landlord fails not diminish the overall value of the Demised Premises. All repairs and replacements and other property attached to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for or used in connection with the reasonable, actual and documented costs Demised Premises by or on behalf of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with and become the provisions property of this Lease, including Landlord without limitation, Paragraph 12, keeping payment therefor immediately upon completion or installation thereof except as otherwise approved by Landlord at the premises free from lienstime the repairs or replacements are made.
Appears in 1 contract
Samples: Lease Agreement (Diplomat Corp)
Repairs. A. a. By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof thereof, in good condition and repair repair, damage thereto from causes beyond the reasonable control of Tenant with and ordinary wear and tear excepted. Tenant shall shall, upon the expiration or sooner termination of this Lease hereof hereof, surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. b. Notwithstanding the provisions of Article 1111 .
A. a. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating heating, and electrical systems systems, installed or furnished by Landlord Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. , Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 23 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 the Premises, Premises or in or to fixtures, appurtenances and equipment therein. 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 Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from lienseffect.
Appears in 1 contract
Samples: Office Building Lease (Qt 5 Inc)
Repairs. A. By taking possession 9.1. Landlord shall keep and maintain the roof, subfloors, structural and exterior portions of the Premises (exclusive of doors, windows, and glass) in repair, provided that Tenant shall give Landlord written notice of the necessity for such repairs, and provided that the damage thereto shall not have been caused by Tenant, its agents, contractors, or employees, in which event Tenant shall be responsible therefor and shall promptly make repairs thereto. Except as expressly set forth in this subsection, Landlord shall be under no liability for repair or maintenance of the Premises, or any part thereof; nor shall Landlord be under any liability to repair or maintain any electrical, plumbing or other mechanical installation. Notwithstanding the above, Tenant shall be deemed obligated to have accepted also notify Landlord of any inherently dangerous condition existing in the Premises as being in good, sanitary order, condition and repair. of the Occupancy Term of which Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair damage thereto from causes beyond the reasonable control of Tenant with ordinary wear and tear exceptedbecomes aware.
9.2. Tenant shall upon provide and maintain its own janitorial services for the expiration interior of the Premises, and shall otherwise keep the interior of the Premises, together with all electrical plumbing, and other mechanical installations and equipment used by or sooner termination in connection with the Premises, in good order, replacement and repair (and any necessary replacement and repair shall be of this Lease hereof equal or better quality as originally delivered to Tenant or shall be as specified by Landlord), except as provided in paragraph 9.4 below, and promptly replace any plate glass which may be broken or damaged with glass of like kind and quality, and surrender the Premises to at the Landlord expiration of the Term in as good condition, condition as when received except for ordinary wear and tear and damage from causes beyond by fire or other casualty included in the reasonable control extended coverage endorsement to Landlord's fire insurance policies. To ensure the continued quality of the equipment, all repairs, replacement and service work on such equipment shall be performed by persons authorized by the manufacturer of the particular equipment, unless Tenant exceptedobtains the prior written consent of Landlord to employ another repair person. Except as specifically provided Tenant may, at its option, enter into a maintenance, repair and service contract which Landlord will assist Tenant in an addendumobtaining. Tenant will not overload the electrical wiring and will not install any additional electrical wiring or plumbing unless it has first obtained Landlord's written consent thereto, and, if anysuch consent is given, Tenant will make such installation at its own cost and expense. Tenant will repair promptly, at its own expense, any damage to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of caused by bringing into the Premises any property for Tenant's use, or the Building except as specifically herein set forth.
B. Notwithstanding the provisions of Article 11.
A. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and repairs are caused in part or in whole by the actinstallation, neglectuse or removal of such property, regardless of fault or omission of any duty by whom such damage shall be caused unless caused by the Tenantwillful misconduct of Landlord, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairscontractors. Landlord shall not be liable responsible for any failure loss by Tenant for water damage due to any cause, including by way of illustration and not of limitation, leaks or bursts of the plumbing, pipes or roof, or damage due to the sprinkler system or other fire protection/extinguishment apparatus.
9.3. If Tenant shall not proceed promptly and diligently to make any repairs or perform any obligation imposed upon it by the preceding subsections within forty-eight (48) hours after receiving written notice from Landlord to make such repairs or perform such obligation, then and in such event Landlord may, at its option, enter the Premises and do and perform the things specified in said notice, without liability on the part of Landlord for any loss or damage resulting from any such action by Landlord, and Tenant agrees to pay promptly upon demand any cost or expense incurred by Landlord in taking such action. It Landlord shall fail to make, or commence to make, any repairs required of the Landlord hereunder within fifteen (15) days after written request therefore by Tenant, Tenant will have the right, by written notice to Landlord within ten (10) days thereafter, which notice shall include a breakdown of the reasonable costs to be incurred by Tenant, to perform any maintenance unless such failure shall persist for an unreasonable time after written notice the work at the expense of the need Landlord. Upon completion thereof, Tenant will provide Landlord with such evidence of the payment of such repairs or maintenance is given costs as reasonably requested and Landlord shall reimburse the Tenant for the expense thereof. In the event that Landlord shall fail to do so, Tenant will have no right to offset the same against any sums due Landlord by Tenant. Except as provided in Article 22 hereofhereunder, 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 Premises, or in or to fixtures, appurtenances and equipment therein. Tenant waives but will have 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 Sections 1941 and 1942 and any successor sections or statutes of bring a similar nature); provided, however, if separate action against Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs collection of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from lienssaid expenses.
Appears in 1 contract
Samples: Lease Agreement (Universal Security Instruments Inc)
Repairs. A. By taking possession (a) Landlord shall keep the Common Areas of the Building and the Project in a clean and neat condition. Landlord shall make all repairs to the Premises, the Building or the Project made necessary by any gross negligence or willful misconduct of Landlord or any of its assignees, tenants, employees or their respective agents, representatives, contractors or other persons permitted in or invited to the Project by Landlord. Subject to subparagraph (b) below, and as an Operating Cost of the Project, Landlord shall make all necessary repairs, within a reasonable period following receipt of notice of the need therefor from Tenant, to the exterior walls, exterior doors, exterior locks on exterior doors and windows of the Building, and to the Common Areas and to public corridors and other public areas of the Project not constituting a portion of any tenant’s premises and shall use reasonable efforts to keep all Building standard equipment used by Tenant shall be deemed to have accepted the Premises as being directly or in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof common with other tenants in good condition and repair damage thereto from causes beyond and to replace same at the end of such equipment’s normal and useful life, reasonable control of Tenant with ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant casualty loss excepted. Except as specifically expressly provided in an addendum, if any, to Paragraph 9 of this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. Notwithstanding the provisions of Article 11.
A. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent Rent and no liability of Landlord by reason of any injury to or interference with Tenant's ’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Premises, the Building or the PremisesProject.
(b) Tenant, at its expense shall keep the Premises and all fixtures (and any equipment or fixtures installed by or for Tenant, for Tenant’s exclusive use) contained therein in or to fixturesa safe, appurtenances clean and equipment thereinneat condition, and shall bear the cost of maintenance and repair thereof. Tenant waives the right to shall make all repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant not required to this Paragraph, within thirty be made by Landlord under subparagraph (30a) days after Landlord receives Tenant's written notice above with replacements of the need for such repair (any materials to be made by use of materials of equal or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then better quality. Tenant shall be do all decorating, remodeling, alteration and painting in the Premises 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 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 make such repairs, using contractors reasonably approved the Premises or the Project by Landlord, provided (i) Tenant. If Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair repairs or replacements within such two fifteen (215) business day period. If Tenant performs any repair as permitted under this Paragraphdays after written Notice from Landlord, Landlord agrees to reimburse may at its option make such repairs or replacements, and Tenant shall upon demand pay Landlord for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent cost thereof.
(c) Upon the expiration or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions earlier termination of this Lease, including without limitationTenant shall surrender the Premises in a safe, clean and neat condition, normal wear and tear excepted. Except as otherwise set forth in Paragraph 124(b) of this Lease, keeping Tenant shall remove from the premises free Premises all trade fixtures, furnishings and other personal property of Tenant and all computer and phone cabling and wiring from liensthe Premises, 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 deemed to have abandoned the same, in which case Landlord may store the same at Tenant’s expense, appropriate the same for itself, and/or sell the same in its discretion.
Appears in 1 contract
Samples: Office Lease (EVO Transportation & Energy Services, Inc.)
Repairs. A. By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair damage thereto from causes beyond the reasonable control of Tenant with ordinary wear and tear excepted. Tenant shall shall, upon the expiration or sooner termination of this Lease hereof hereof, surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. Notwithstanding the provisions of Article 11.
A. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 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 the Premises, or in or to fixtures, appurtenances and equipment therein. 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 Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from lienseffect.
Appears in 1 contract
Samples: Office Building Lease (Ambassadors International Inc)
Repairs. A. a. By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair repair, damage thereto from causes beyond the reasonable control of Tenant with and ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth. *Except latent defects.
B. b. Notwithstanding the provisions of Article 11.
A. a. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating heating, and electrical systems systems, installed or furnished by Landlord Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 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 the Premises, Premises or in or to fixtures, appurtenances and equipment therein. *Except Landlords gross negligence or willful misconduct or breach of contract of Landlord, Landlord's agent or contractor. 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 Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from lienseffect.
Appears in 1 contract
Samples: Office Lease (Portal Software Inc)
Repairs. A. a. By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's ’s sole cost and expense, keep the Premises and every part thereof in good condition and repair repair, damage thereto from causes beyond the reasonable control of Tenant with and ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. b. Notwithstanding the provisions of Article 11.
A. 8.a. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the roof, foundation and walls, and basic plumbing, air conditioning, heating heating, and electrical systems systems, installed or furnished by Landlord Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 18 hereof, there shall be no abatement of rent and no liability of Landlord by reason of or any injury to or interference with Tenant's ’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's ’s expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from lienseffect.
Appears in 1 contract
Repairs. A. By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. a. Tenant shall, at Tenant's its sole cost and expense, keep the Premises and every part thereof in good condition and repair repair, damage thereto from causes beyond the reasonable control of Tenant with and ordinary wear and tear excepted. Tenant shall shall, upon the expiration or sooner termination of this Lease hereof hereof, surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed thereof, and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. Notwithstanding the provisions of Article 11.
A. hereinabove, b. Landlord shall repair and maintain the structural portions of the Building, including the roof, basic plumbing, air conditioning, heating heating, and electrical and sprinkler systems installed or furnished by Landlord Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. The cost of all such repairs (except repairs of structural defects) shall be included in Operating Expenses, except as otherwise provided herein. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Tenant Except as specifically provided in Article 22 hereofParagraph 21 below regarding reconstruction after a casualty, there shall be no abatement of rent Rent and no liability of Landlord by reason of any injury to or interference with Tenant's ’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, Premises or in or to fixtures, appurtenances and equipment therein. Except in the event of an emergency involving imminent threat to life or substantial property damage, Tenant waives the right to make repairs at Landlord's ’s expense under any law, statute or ordinance now or hereafter in effect (including effect.
c. Notwithstanding the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, howeverforegoing, if Landlord fails to make any repairs or to perform any repair work maintenance required of Landlord with respect to the Premises pursuant to this Paragraphhereunder and within Landlord’s reasonable control, within and such failure shall persist for an unreasonable time (not less than thirty (30) days days) after Landlord receives Tenant's written notice of the need for such repair (repairs or maintenance is given to Landlord and unless Landlord has commenced such repairs or maintenance during such period of time and is diligently pursuing the same, Tenant may (but shall not be required to) following a second notice (which notice shall have a heading in excess of thirty at least 12-point type, bold and all caps “FAILURE TO RESPOND SHALL RESULT IN TENANT EXERCISING SELF-HELP RIGHTS”) and Landlord’s failure to commence repairs within five (305) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs after receipt of such repair performed by Tenantsecond notice, but without any off-set rights against rent perform such repairs or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done maintenance in accordance with the provisions of this LeaseLease governing Tenant’s repairs and Alterations and Tenant shall be entitled to offset all third party costs and expenses incurred by Tenant therefor against the next monthly installment of Base Rent, including without limitation, Paragraph 12, keeping the premises free from liensprovided Tenant delivers to Landlord appropriate invoices and back-up documentation regarding such costs and expenses.
Appears in 1 contract
Samples: Lease (Signal Genetics, Inc.)
Repairs. A. By taking possession Landlord shall keep the exterior roof and walls of the Premisesbuilding in which the Demised Premises are situated in good repair, but the Tenant shall give to the Landlord seven (7) days written notice of needed repairs, and the landlord shall have a reasonable time thereafter to make them, provided, however, that should such damage be deemed occasioned by an act of the Tenant, the Landlord shall assume no responsibility whatever for the repair thereto, and in addition, the Landlord may hold the Tenant responsible for such damage. Landlord has no obligations for repairs of any kind, nature or description except as specifically set forth herein, and there shall be no setoff against payment of rent for any reason. Representations and covenants by the Landlord as to have accepted the Demised Premises as being shall be enforceable by the Tenant in goodthe manner prescribed by law, sanitary order, condition and repairthe refusal to pay rent shall be a breach of the lease and not a setoff. Tenant shall, at Tenant's sole its own cost and expense, keep take good care of and make necessary repairs, structural and otherwise, to the Premises interior of the Demised Premises, and every part thereof the fixtures and equipment therein and appurtenances thereto, including the exterior and interior windows, doors and entrances, store fronts, signs, showcases, floor coverings, interior walls, columns and partitions; and lighting, heating, plumbing and sewage facilities, and electrical equipment. Landlord shall maintain the air conditioning installations and appurtenances in good repair and order. Tenant is responsible for cleaning all ducts and replacing and maintaining the appurtenances in good repair and order . Tenant is responsible for cleaning all ducts and replacing all filters. Reasonable written notice to Landlord, specifying the repairs to be made, constitutes and absolute condition and repair damage thereto from causes beyond the reasonable control precedent to Landlord's duty of Tenant with ordinary wear and tear exceptedrepair. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except pay as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. Notwithstanding the provisions of Article 11.
A. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of additional 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 Premises, or in or to fixtures, appurtenances and equipment therein. 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 Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant $30.00 per month for the reasonable, actual and documented costs purpose of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liensan air conditioner maintenance policy.
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Repairs. A. (a) By taking possession of the Premisesentry hereunder, Tenant shall be deemed to have accepted accepts the Premises as being in good, good and sanitary order, condition and repair. Tenant shall keep, maintain and preserve the Premises in first class condition and repair, and shall, when and if needed, at Tenant's sole cost and expense, keep make all repairs to the Premises and every part thereof in good condition and repair damage thereto from causes beyond the reasonable control of Tenant with ordinary wear and tear exceptedthereof. Tenant shall shall, upon the expiration or sooner termination of this Lease hereof the term hereof, surrender the Premises to the Landlord in good conditionthe same condition as when received, usual and ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the thereof. The parties hereto affirm that Landlord has made no representations to Tenant tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. Notwithstanding (b) Anything contained in Paragraph 13(a) above to the provisions of Article 11.
A. hereinabove, contrary notwithstanding. Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, heating, ventilating, air conditioning, heating conditioning and electrical systems installed or furnished by Landlord Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord Landlord, as additional rent, the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 21 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 the Premises, Premises or in or to fixtures, appurtenances and equipment therein. 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 Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from lienseffect.
Appears in 1 contract
Samples: Office Building Lease (Virtual Mortgage Network Inc)
Repairs. A. By taking possession Tenant shall at its own cost and expense keep and maintain all parts of the PremisesPremises and such portion of the Building and improvements within the exclusive control of Tenant in good condition, promptly making all necessary repairs and replacements, whether ordinary or extraordinary, with materials and workmanship of the same character, kind and quality as the original. Tenant as part of its obligations hereunder shall be deemed to have accepted keep the Premises in a clean and sanitary condition. Tenant will, as being far as possible keep all such parts of the Premises from deterioration due to ordinary wear and from falling temporarily out of repair, and upon termination of this Lease in good, sanitary order, any way Tenant will yield up the Premises to Landlord in good condition and repair, loss by fire or other casualty covered by insurance to be maintained by Landlord pursuant to subparagraph 10A hereof excepted (but not excepting any damage to glass). Tenant shall, at Tenant's sole its own cost and expense, keep enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor approved by Landlord for servicing all heating and air conditioning systems and equipment serving the Premises (and every part a copy thereof in good condition and repair damage thereto from causes beyond the reasonable control of Tenant with ordinary wear and tear exceptedshall be furnished to Landlord). Tenant shall upon the expiration or sooner termination of this Lease hereof surrender shall, at its own cost and expense, repair any damage to the Premises to the Landlord in good condition, ordinary wear and tear and damage resulting from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. Notwithstanding the provisions of Article 11.
A. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and repairs are and/or caused in part whole or in whole part by the act, neglect, fault negligence or omission misconduct of any duty by the Tenant, its agents, servantsemployees, employees or invitees, or any other person entering upon the Premises as a result of Tenant's business activities or caused by Tenant's default hereunder.
B. Landlord shall at its expense maintain in which case good repair, reasonable wear and tear and any casualty covered by insurance to be maintained by Landlord pursuant to subparagraph 10A excepted, the foundation, roof and walls of the Building. Tenant shall pay to immediately give Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of any defect or need for repairs, after which Landlord shall have reasonable opportunity to repair same or cure such defect. Landlord's liability with respect to any defects, repairs or maintenance for which Landlord is responsible under any of the need provisions of this Lease shall be limited to the cost of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 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 the Premises, or in or to fixtures, appurtenances and equipment therein. 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 Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs curing of such repair performed by Tenantdefect. The term "walls" as used herein shall not include windows, but without any off-set rights against rent glass or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Leaseplate glass, including without limitationdoors, Paragraph 12, keeping the premises free from liensspecial store fronts or office entries.
Appears in 1 contract
Repairs. A. By taking possession 10.1 Landlord shall not be required to make any repairs or replacements of any kind or character on the Premises during the Lease Term except repairs to the exterior walls, corridors, window, roof and other structural elements and equipment of the PremisesBuilding, Tenant shall be deemed to have accepted the Premises as being except when such repairs are caused by fire or other casualty, in goodwhich event, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair damage thereto from causes beyond the reasonable control of Tenant with ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. Notwithstanding the provisions of Article 11.
A. hereinabove13 shall govern and control. Landlord shall not be responsible for termite, or other insect, or vermin eradication. Subject to the provisions of any waiver contained in Section 12.2, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and not be required to make any repairs are caused in part or in whole occasioned by the act, neglect, fault acts or omission negligence of any duty by the Tenant, its agents, servantsemployees, employees or contractors and invitees, in which case . Tenant shall pay give immediate written notice to Landlord of the reasonable cost of such maintenance need for repairs or corrections and repairs. Landlord shall not be liable for any failure have a reasonable time to make any such repairs or corrections. Xxxxxxxx's liability hereunder shall be limited to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need cost of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 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 the Premises, or in or to fixtures, appurtenances and equipment thereincorrections. Tenant waives the provisions of any law permitting Tenant the right to make repairs and deduct the expense of such repairs from the rent due under the lease.
10.2 Landlord may, at Landlord's its option and at the cost and expense under of Tenant, repair or replace any law, statute damage or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect injury done to the Premises pursuant to this ParagraphBuilding or any part thereof, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed caused by Tenant, but without any off-set rights against rent its agents, employees, contractors or any other amounts payable by Tenant under this Leaseinvitees. Any repair work done by Tenant shall be done pay such costs, plus an administrative fee equal to fifteen percent (15%) of the costs, to Landlord on the next date an installment of Base Rental is due following notice from Landlord of the costs. Xxxxxx further agrees throughout the Lease Term to maintain and keep the interior of the Premises in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liensgood repair and condition at Tenant's expense.
Appears in 1 contract
Samples: Office Lease (Phymed Inc)
Repairs. A. By taking possession of the PremisesResident shall promptly request, Tenant shall in writing, any repairs to be deemed made to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair damage thereto from causes beyond the reasonable control of Tenant with ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or its fixtures, alarm devices, and other equipment that belong to Agent except in the case of emergency when oral requests for repairs to the management office will be accepted. In any part thereof once circumstance or situation which involves immediate, imminent, or substantial risk of harm or damage to property or person, their health or safety, Resident shall notify Agent immediately of such circumstances, situation, malfunction, or necessity for repair. Such circumstances may include but not be limited to malfunctions of equipment, fixtures, alarm devices, overflowing sewage, utilities (electrical shorts, gas leaks, or uncontrollable running water), smoke, fire, explosions, or any other cause. Upon Agent’s actual receipt of Resident’s written request for repairs (or upon Agent’s oral notification in case of an emergency), Agent shall act with reasonable diligence and in a commercially reasonable manner depending on the initial tenant improvements facts and circumstances in making such repairs. Refrigerator repairs are completed not considered an EMERGENCY [buy dry ice and use coolers] and contact Agent during regular business hours for repairs. Regardless of the parties hereto affirm that Landlord has made no representations extent of damage to Tenant respecting the condition of the Premises or the Building reason for any repair or any desired renovation, Agent may also upon written notice immediately terminate this Lease, if in Agent’s sole and absolute discretion, any repair or renovation would be either impractical or dangerous if Resident continued to occupy the Premises. After any request for repair by Resident, or during the making of any repair by Agent, the Lease shall continue in full force and effect and the rent shall not xxxxx during any such period, except as specifically herein set forth.
B. Notwithstanding in the provisions event of Article 11.
A. hereinabovea casualty event making the Premises unfit for habitability. In the event that repairs are necessary due to the negligence of Resident, Landlord Resident shall be responsible for any and all vendor charges incurred. In the event that an appointment is scheduled with a vendor at the request of Resident and said appointment cannot be fulfilled due to an act/omission of Resident, Resident shall be responsible for any and all vendor charges incurred. In the event of any casualty, Owner shall under no circumstances be obligated to Resident for finding or paying for replacement accommodations, and for any other expense, damage, or inconvenience suffered by Resident. In making any repair or maintaining the Premises or property, Agent may temporarily turn off equipment and interrupt utilities to the Premises or property or temporarily take any additional action reasonably necessary, in Agent’s sole and absolute discretion, to affect the repair or perform the maintenance, and to avoid damage to property, the Premises, or the community all without any liability to Resident whatsoever. Resident shall not under any circumstances whatsoever either deduct from rent for any repairs or make any repair and maintain attempt to deduct the structural portions of the Buildingcost from rent owed to Agent, including the basic plumbingunless authorized by statute. Resident shall have no authority or power, air conditioningexpress or implied, heating and electrical systems installed to create or furnished by Landlord unless such maintenance and repairs are caused in part cause any mechanic’s or in whole by the actmaterial men’s lien, neglect, fault charge or omission encumbrance of any duty by kind against the TenantPremises, its agents, servants, employees the property or invitees, in which case Tenant any portion thereof. Resident shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make promptly cause any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent and no liability of Landlord liens that have arisen by reason of any injury work claimed to have been undertaken by or interference with Tenant's business arising from the making of any repairsthrough Resident to be released by payment, alterations or improvements in or to any portion of the Building or the Premisesbonding, or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect otherwise within fifteen (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (3015) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved request by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repairAgent, and shall indemnify Agent against losses arising out of any such claim or claims (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraphincluding, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from lienslegal fees and costs of court).
Appears in 1 contract
Samples: Residential Rental Agreement
Repairs. A. By taking possession 13.01 Tenant shall, at its sole expense, keep and maintain the Premises and every part thereof (excepting common use equipment, which Landlord agrees to repair or replace pursuant to Section 5.02 unless damages are due to the neglect or intentional acts of Tenant or its agents, employees, visitors, or licensees), including interior windows, skylights, doors, plate glass, any store fronts and the interior of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, good and sanitary order, condition and repair. Tenant shallwill, also, at Tenant's its sole cost keep and expensemaintain all utilities, keep the Premises fixtures, plumbing and every part thereof mechanical equipment used by Tenant in good condition order and repair damage thereto from causes beyond and furnish all expendables (light bulbs, paper goods, soaps, etc.) used in the reasonable control Premises. The standard for comparison and need of Tenant with ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting repair will be the condition of the Premises or at the Building except as specifically herein set forthtime of commencement of this Lease and all repairs will be made by a licensed and bonded contractor approved by Landlord.
B. Notwithstanding 13.02 Tenant will not make repairs to the provisions Premises at the cost of Article 11.
A. hereinaboveLandlord whether by deductions of rent or otherwise, or vacate the Premises or terminate the Lease if repairs are not made. If during the Term, any alteration, addition or change to the Premises is required by legal authorities, Tenant, at its sole expense, shall promptly make the same. The cost of any such capital improvements made by landlord shall be amortized over the useful life thereof in accordance with generally accepted accounting principles and included within the Operating Costs. In such case, Tenant shall reimburse Landlord shall repair and maintain the structural portions for its Proportionate Share of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost current monthly portion of such maintenance and repairsamortized costs pursuant to Section 5.02. Landlord shall not be liable for any failure reserves the right to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of otherwise maintain the need of Premises if such repairs or maintenance is given are required to be performed by Tenant hereunder and if such repairs are not made or the Premises are not maintained in good condition by Tenant and Tenant shall reimburse Landlord for all such costs upon demand.
13.03 If repairs deemed necessary by Landlord or any government authority are not made by Tenant within the prescribed time frame as requested in writing, Tenant shall be in default of this Lease.
13.04 Tenant shall, at its own expense, within thirty days of lease commencement, contract with a vendor acceptable to Landlord by Tenant. Except as provided in Article 22 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 for the making of any repairs, alterations or improvements in or to any portion maintenance service of the Building or HVAC which will be furnished to the Premises, or in or Landlord upon request. If Tenant fails to fixtures, appurtenances obtain and equipment therein. Tenant waives maintain such a maintenance service contract Landlord shall have the right to make repairs obtain such a maintenance service contract at Landlord's the expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liens.
Appears in 1 contract
Samples: Standard Industrial Lease (Net Net Net) (Rexall Sundown Inc)
Repairs. A. By taking possession 5.1 Tenant shall at its own cost and expense keep and maintain all parts of the PremisesPremises and such portion of the Building and improvements with the exclusive control of Tenant in good condition, promptly making all necessary repairs and replacements, whether ordinary or extraordinary, with materials and workmanship of the same character, kind and quality as the original. Tenant as part of its obligations hereunder shall be deemed to have accepted keep the Premises in a clean and sanitary condition. Tenant will, as being far as possible keep all such parts of the Premises from deterioration due to ordinary wear and from falling temporarily out of repair, and upon termination of this Lease in good, sanitary order, any way Tenant will yield up the Premises to Landlord in good condition and repair, loss by fire or other casualty covered by insurance to be maintained by Landlord pursuant to subparagraph 10.1 hereof excepted (but not excepting any damage to glass). Tenant shall, at Tenant's sole its own cost and expense, keep the Premises and every part thereof enter into a regularly scheduled preventative
5.2 Landlord shall at its expense maintain in good condition and repair damage thereto from causes beyond the repair, reasonable control of Tenant with ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond any casualty covered by insurance to be maintained by Landlord pursuant to subparagraph 10.1 excepted, the reasonable control foundation, roof and walls of the Building. Tenant excepted. Except as specifically provided in an addendumshall immediately give Landlord written notice of any defect or need for repairs, if any, to this Lease, after which Landlord shall have no obligation whatsoever reasonable opportunity to alterrepair same or cure such defect. Landlord's liability with respect to any defects, remodel, improve, repair, decorate repairs or paint the Premises or maintenance for which Landlord is responsible under any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. Notwithstanding the provisions of Article 11.
A. hereinabove, Landlord this Lease shall repair and maintain be limited to the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenantor the curing of such defect. Except The term "walls" as provided used herein shall not include windows, glass or plate glass, doors, special store fronts or office entries.
5.3 As used in Article 22 hereofthis Lease, there the term "Operating Costs" shall be no abatement of rent mean any and no liability of Landlord by reason all expenses, costs and disbursements (other than Taxes) of any injury to or interference kind and nature whatsoever incurred by Landlord in connection with Tenant's business arising from the making of any repairsownership, alterations or improvements in or to any portion leasing, management, maintenance, operation and repair of the Building or the Premises, or in or to fixtures, appurtenances and equipment therein. 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 Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12the cost of landscaping maintenance for the grounds around the Building, keeping maintaining and repairing parking areas, driveways, paved areas, alleys, easements and railroad tracks, cleaning and janitorial services for the premises free from lienscommon areas, property management fees, removing snow and ice, common area utilities, maintaining and repairing electrical, sprinkler, plumbing, heating, ventilation and air conditioning systems and fixtures for common areas, decorating for common areas, roof repairs and maintenance, exterior painting, insurance premiums for all insurance policies and endorsements deemed by landlord to be reasonably necessary or desirable, license, permit, and inspection fees, accounting and legal fees, and any sales, use or services taxes incurred in connection therewith which Landlord shall pay or become obligated to pay in respect of a calendar year (regardless of when such Operating Costs were incurred), except the following (i) costs of capital improvements; (ii) depreciation; and (iii) any cost or expenditure (or portion thereof) for which Landlord is reimbursed, whether by insurance proceeds or otherwise, except reimbursements by tenants for Operating Costs. Notwithstanding anything contained herein to the contrary, depreciation of any capital improvements made after the date of this Lease which are intended to reduce Operating Costs or which are required under any Laws which were not applicable to the Building at the time it was constructed, shall be included in Operating Costs. The useful life of any such improvement shall be reasonably determined by Landlord. In addition, interest on the undepreciated costs of any such improvement (at the prevailing construction loan rate available to Landlord on the date the cost of such improvement was incurred) shall also be included in Operating Costs. In the event Landlord elects to self insure or obtain insurance coverage in which the premium fluctuates in proportion to losses incurred, then Landlord shall estimate the amount of premium that Landlord would have been required to pay to obtain insurance coverage (or insurance coverage without such provision) with a recognized carrier and such estimated amount shall be deemed to be an Operating Cost. Landlord may, in a reasonable manner, allocate insurance premiums for so-called "blanket" insurance policies which insure other properties as well as the Building of said allocated amount shall be deemed to be an Operating Cost.
Appears in 1 contract
Samples: Lease (Nutraceutix Inc)
Repairs. A. By taking possession 16.1. Subject to the other provisions of the Premisesthis LEASE, Tenant LANDLORD shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shallmake, at Tenant's its sole cost and expense, keep only those repairs necessary to maintain the Premises and every part thereof in good condition and repair damage thereto from causes beyond the reasonable control BUILDING (exclusive of Tenant with ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if anyTENANT'S PERSONALTY), to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. Notwithstanding the provisions of Article 11.
A. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic include plumbing, heating, ventilating, air conditioning, heating conditioning and electrical systems installed or furnished by Landlord unless such maintenance and repairs are caused in part or in whole by the actsystems, neglectwindows, fault or omission of any duty by the Tenantfloor slabs; provided, its agentshowever, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord that LANDLORD shall not be liable for any failure obligated to make any such repairs until the expiration of a reasonable period of time after receipt of written notice from TENANT that such repair is needed. In no event shall LANDLORD be obligated under this Section to repair any damage caused by any act or omission of TENANT or its employees, agents, invitees, licensees, subtenants or contractors.
16.2. Except as LANDLORD is obligated for repairs as provided hereinabove, TENANT shall make, at its sole cost and expense, all repairs necessary to perform any maintenance unless maintain the PREMISES and TENANT'S PERSONALTY. TENANT shall keep the PREMISES and TENANT'S PERSONALTY therein neat and in good, operable and orderly condition. All repairs by TENANT to TENANT'S PERSONALTY or otherwise required of TENANT hereunder shall be of first-class quality and be done in a good and workmanlike manner. If TENANT refuses or neglects to make such failure shall persist for an unreasonable time repairs, or fails to diligently prosecute the same to completion after written notice from LANDLORD of the need therefor, LANDLORD may (in addition to and not in lieu of any other rights and remedies) make such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there at the expense of TENANT and such expense shall be collectible as additional rent upon demand without set-off or deduction; provided that any such repairs by LANDLORD shall not prejudice any other rights or remedies of LANDLORD and LANDLORD shall have no abatement obligation to perform such repairs.
16.3. Unless caused by the gross negligence or willful misconduct of rent and no liability of Landlord LANDLORD, LANDLORD shall not be liable by reason of any injury to or interference with Tenant's TENANT'S business arising from the making of any repairs, alterations alterations, additions or improvements improvement in or to the PREMISES or any other portion of the Building or the Premises, or in PROPERTY or to fixtures, any appurtenances and or equipment therein. 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 Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant There shall be permitted to make no abatement of rent because of such repairs, using contractors reasonably approved alterations, additions or improvements, except as expressly provided in Section 19 hereof. LANDLORD shall use its reasonable efforts to avoid interference with TENANT'S use of the PREMISES.
16.4. Unless caused by Landlordthe gross negligence or willful misconduct of LANDLORD, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends LANDLORD shall not be liable to undertake such repairTENANT for any damage occasioned by plumbing, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs electrical, gas, water, steam or other utility pipes, systems or facilities or by the bursting, stopping, leaking or running of any repair as permitted under this Paragraphtank, Landlord agrees to reimburse Tenant for sprinkler, washstand, water closet or pipes in or about the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent PREMISES or any other amounts payable portion of the PROPERTY, nor for any damage occasioned by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with water being upon or coming through or around the provisions roof or any flashing, window, skylight, vent, door, or the like; nor for any damage arising out of this Leaseany acts of negligence of other TENANTS or occupants of the BUILDING, including without limitation, Paragraph 12, keeping occupants of adjacent property or the premises free from lienspublic.
Appears in 1 contract
Samples: Lease Agreement (Be Free Inc)
Repairs. A. By taking possession of the Premises, Tenant (a) Landlord’s obligation with respect to repair shall be deemed limited to have accepted the Premises as being in good, sanitary order, condition keeping and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair damage thereto from causes beyond the reasonable control of Tenant with ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. Notwithstanding the provisions of Article 11.
A. hereinabove, Landlord shall repair and maintain maintaining (i) the structural portions of the Building, including (ii) the basic plumbingexterior walls of the Building, air conditioningincluding, without limitation, glass and glazing, (iii) the roof, (iv) mechanical, electrical, plumbing and life safety systems except for that portion of any kitchen facilities located within the Premises that serve Tenant exclusively and any supplemental heating and electrical air conditioning systems installed (including all plumbing connected to said facilities or furnished by systems located within the Premises ), (v) the restrooms (even those restrooms located within the Premises) and (vi) Common Areas in first-class condition commensurate with first-class office buildings located in the Financial District of San Francisco, California and in a clean and neat condition (collectively the “Landlord unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairsRepairs”). Landlord shall not be liable for deemed to have breached any failure obligation with respect to make the condition of any such repairs or part of the Project unless Tenant has given to perform any maintenance unless such failure shall persist for an unreasonable time after Landlord written notice of any required repair and Landlord has not made such repair within thirty (30) days following the need receipt by Landlord of such repairs notice. The foregoing notwithstanding the obligations of Landlord pertaining to damage or maintenance destruction by casualty shall be governed by the provisions of Paragraph 9. Landlord shall have the right but not the obligation to undertake repair work that Tenant is given required to perform under this Lease and that Tenant fails or refuses to perform in a timely and efficient manner after expiration of all applicable notice and cure periods. All costs reasonably incurred by Landlord in performing any such repair for the account of Tenant shall be repaid by Tenant to Landlord by Tenantupon demand, together with an administration fee equal to five (5%) of such costs. Except as expressly provided in Article 22 hereofParagraph 9 of this Lease and subject to compliance with the following sentence, there shall be no abatement of rent Rent and no liability of Landlord by reason of any injury to or interference with Tenant's ’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. Landlord shall use commercially reasonable efforts to minimize interference with Tenant’s business in making any repairs or replacements to the Building or the Premises. Excluding Tenant’s self-help rights expressly set forth in this Lease, or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's ’s expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and Section 1942 and any successor successive sections or statutes of a similar nature); provided.
(b) Tenant, howeverat its expense, if (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 reasonably selected by Tenant, of all facilities which are not expressly required to be maintained or repaired by Landlord fails and which are located in the Premises, including, without limitation, kitchen facilities, and supplemental heating and air conditioning systems (including all plumbing connected to perform any repair work required said facilities or systems installed by or on behalf of Landlord with respect 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 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 required by Tenant during the Lease Term. If Tenant fails to make such repairs or replacements within thirty (30) 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 reasonable cost thereof, together with an administration fee equal to five percent (5%) of such costs.
(c) Notwithstanding anything in this Lease to the contrary, except for the removal of (i) Submetering Equipment (which shall be governed by the terms and provisions of Paragraph 7(h)), (ii) Supplemental HVAC Units (which shall be governed by the terms and provisions of Paragraph 7(h)), (iii) Tenant’s Security Equipment (which shall be governed by the terms and provisions of Paragraph 19(d)), (iv) Rooftop Equipment (which shall be governed by the terms and provisions of Paragraph 19(ll)), and (v) Alterations and Specialty Improvements (which shall be governed by the terms and provisions of Paragraph 4(d)), upon the expiration or earlier termination of any of the respective Lease Terms, Tenant shall surrender the portion of the Premises which is subject to the expiring or terminating Lease Term in the condition in which it was received on the applicable Delivery Date, ordinary wear and tear and damage thereto by fire or other casualty excepted. Except as otherwise set forth in Paragraph 4(d) of this Lease, Tenant shall remove from the Premises (i) all Alterations or improvements required to be removed pursuant to this ParagraphXxxxxxxxx 0, (xx) trade fixtures, furnishings and other personal property of Tenant and (iii) all computer and phone cabling and wiring installed by or on behalf of Tenant, and shall repair all damage caused by the removal of items (i) – (iii). 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 deemed to have abandoned the same, in which case Landlord may store or dispose of the same at Tenant’s expense, appropriate the same for itself, and/or sell the same in its discretion.
(d) Notwithstanding anything herein to the contrary, within thirty (30) days after following the date that the Premises no longer include both Floor 27 and Floor 28, Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted required, at its sole cost and expense and not as an Operating Expense, to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends remove and demolish the internal stair case currently existing on Floor 27, which connects Floor 27 to undertake such repairFloor 28, to the extent Floor 27 remains within the Premises, and replace the slab, including the structural components of the slab, or (ii) replace the slab, including the structural components of the slab on Floor 28, at the point that the internal stair projects into Floor 28, such that the internal stairway to Floor 28 is no longer accessible, to the extent Floor 28 remains within the Premises (the “Internal Stairway Restoration Work”). Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with responsible for removal of all debris, and shall use commercially reasonable efforts to minimize the provisions disruption to Tenant’s business within the impacted Floor of this Lease, including without limitation, Paragraph 12, keeping the premises free from liensPremises.
Appears in 1 contract
Samples: Office Lease (Salesforce Com Inc)
Repairs. A. By taking possession 13.01. Tenant shall, at its sole expense, keep and maintain the Premises and every part thereof (excepting common use equipment, which Landlord agrees to repair or replace pursuant to Section 5.02 unless damages are due to the neglect or intentional acts of Tenant or its agents, employees, visitors, or licensees), including interior windows, skylights, doors, plate glass, any store fronts and the interior of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, good and sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair damage thereto from causes beyond the reasonable control of Tenant with ordinary normal wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord will, also, at its sole cost keep and maintain all utilities, fixtures, plumbing and mechanical equipment used by Tenant in good condition, ordinary order and repair normal wear and tear excepted and damage from causes beyond furnish all expendables (light bulbs, paper goods, soaps, etc.) used in the reasonable control Premises. The standard for comparison and need of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting repair will be the condition of the Premises or at the Building except as specifically herein set forth.
B. Notwithstanding the provisions time of Article 11.
A. hereinabove, Landlord shall repair commencement of this Lease considering normal wear and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating tear and electrical systems installed or furnished all repairs will be made by a licensed and bonded contractor approved by Landlord unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for unreasonably withheld or delayed.
13.02. Tenant will not make repairs to the Premises at the cost of Landlord whether by deductions of rent or otherwise, or vacate the Premises or terminate the Lease if repairs are not made. If during the Term, any failure alteration, addition or change to the Premises is required by legal authorities, Tenant, at its sole expense, shall promptly make the same. If Tenant has been requested in writing to make any repairs and Tenant has either not made the repairs within 20 days or begun such repairs if they cannot be completed within such time, Landlord reserves the right to make any such repairs not made or maintained in good condition by Tenant normal wear and tear excepted and Tenant shall reimburse Landlord for all such costs upon demand.
13.03. If repairs deemed necessary by Landlord or any government authority are not made by Tenant within the prescribed time frame as reasonably requested in writing, subject to perform any Section 38.11 hereof, Tenant shall be in default of this Lease.
13.04. Tenant shall, at its own expense, within thirty days of lease commencement, contract with a vendor acceptable to Landlord for the maintenance unless such failure shall persist for an unreasonable time after written notice service of the need of HVAC which will be furnished to the Landlord upon request. If Tenant fails to obtain and maintain such repairs or a maintenance is given to service contract Landlord by Tenant. Except as provided in Article 22 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 the Premises, or in or to fixtures, appurtenances and equipment therein. Tenant waives have the right to make repairs obtain such a maintenance service contract at Landlord's the expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liens.
Appears in 1 contract
Repairs. A. By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, good and sanitary order, condition condition, and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair repair, damage thereto from causes beyond the reasonable control of Tenant with and from ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate decorate, or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. . Notwithstanding the provisions of Article 11.
A. hereinabove13(a), Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating heating, and electrical systems systems, installed or furnished by Landlord Landlord, unless the need for such maintenance and repairs are caused caused, in part or in whole whole, by the act, neglect, fault fault, or omission of any duty by the Tenant, its agents, servants, employees employees, or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof24, 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 alterations, or improvements in or to any portion of the Building or the Premises, Premises or in or to fixtures, appurtenances appurtenances, and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute statute, or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from lienseffect.
Appears in 1 contract
Samples: Lease Agreement (Synon Corp)
Repairs. A. By taking possession of the Premisesa. Subject to Landlord’s obligations pursuant to Section 10(b) below, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's its sole cost and expense, keep the Premises and every part thereof in good condition and repair repair, damage thereto from causes beyond the reasonable control of Tenant with and ordinary wear and tear excepted. Tenant shall shall, upon the expiration or sooner termination of this Lease hereof hereof, surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in Section 10(b) below or in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed thereof, and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. Notwithstanding the provisions of Article 11.
A. hereinabove, b. Landlord shall repair and maintain the common areas, exterior of the Building, structural portions of the Building, including the roof, basic plumbing, air conditioning, heating heating, and electrical and sprinkler systems installed or furnished by Landlord Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. The cost of all such repairs (except repairs of structural defects) shall be included in Operating Expenses, except as otherwise provided herein. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as specifically provided in Article 22 hereofParagraph 21 below regarding reconstruction after a casualty, and so long as Tenant’s access to, and use and enjoyment of, the Premises shall not be unreasonably interfered with, there shall be no abatement of rent Rent and no liability of Landlord by reason of any injury to or interference with Tenant's ’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, Premises or in or to fixtures, appurtenances and equipment therein. Except in the event of an emergency involving imminent threat to life or substantial property damage, Tenant waives the right to make repairs at Landlord's ’s expense under any law, statute or ordinance now or hereafter in effect (including effect.
c. Notwithstanding the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, howeverforegoing, if Landlord fails to make any repairs or to perform any repair work maintenance required of Landlord with respect to the Premises pursuant to this Paragraphhereunder and within Landlord’s reasonable control, within and such failure shall persist for an unreasonable time (not less than thirty (30) days days) after Landlord receives Tenant's written notice of the need for such repair (repairs or maintenance is given to Landlord and unless Landlord has commenced such repairs or maintenance during such period of time and is diligently pursuing the same, Tenant may (but shall not be required to) following a second notice (which notice shall have a heading in excess of thirty at least 12-point type, bold and all caps “FAILURE TO RESPOND SHALL RESULT IN TENANT EXERCISING SELF-HELP RIGHTS”) and Landlord’s failure to commence repairs within five (305) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs after receipt of such repair performed by Tenantsecond notice, but without any off-set rights against rent perform such repairs or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done maintenance in accordance with the provisions of this LeaseLease governing Tenant’s repairs and Alterations and Tenant shall be entitled to offset all third party costs and expenses incurred by Tenant therefor against the subsequent monthly installment of Base Rent, including without limitation, Paragraph 12, keeping the premises free from liensprovided Tenant delivers to Landlord appropriate invoices and back-up documentation regarding such costs and expenses.
Appears in 1 contract
Samples: Lease (Brickell Biotech, Inc.)
Repairs. A. a. By taking possession of the Premisesentry hereunder, Tenant shall be deemed to have accepted Tenaxx xxxepts the Premises as being in good, good and sanitary order, condition and repair. Subject to Paragraph 23 hereof, Tenant shall keep, maintain and preserve the Premises in first class condition and repair normal wear and tear excepted and shall, when and if needed, at Tenant's sole cost and expense, keep make all repairs to the Premises and every part thereof in good condition and repair damage thereto from causes beyond the reasonable control of Tenant with ordinary wear and tear exceptedthereof. Tenant shall shall, upon the expiration or sooner termination of this Lease hereof the term hereof, surrender the Premises to the Landlord in good conditionthe same condition as when received, usual and ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the thereof. The parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises Premises, the building, the Project or the Building Common Area except as specifically herein set forth.
B. Notwithstanding b. Anything contained in Paragraph 15a above to the provisions of Article 11.
A. hereinabovecontrary notwithstanding, Landlord shall repair and maintain the structural portions of the Buildingbuilding and the plumbing, including the basic plumbingheating, ventilating, air conditioning, heating elevator and electrical systems installed or furnished by Landlord Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault neglect or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord Landlord, as additional rent, the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 Paragraph 23 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 Tenaxx'x xusiness arising from the making of any repairs, alterations or improvements in or to any portion of the Building building or the Premises, Premises or in or to fixtures, appurtenances and equipment therein. 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 Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from lienseffect.
Appears in 1 contract
Samples: Office Building Lease (Stac Inc)
Repairs. A. By taking possession of the PremisesExcept as otherwise provided herein, by entry hereunder Tenant shall be deemed to have accepted accepts the Premises as being in good, sanitary order, condition and repair. Tenant shall, shall at Tenant's sole cost and expense, expense keep the Premises and every part thereof in good condition and repair repair, damage thereto from causes beyond the reasonable control of Tenant with and ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof the Term surrender the Premises to the Landlord in good conditionthe same condition as when received, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate decorate, or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building Project except as specifically herein set forth.
B. Notwithstanding . Anything contained in the provisions of Article 11.
A. hereinaboveforegoing subparagraph to the contrary notwithstanding, Landlord shall repair and maintain the structural portions of Premises and the Building, including the basic plumbing, air conditioning, heating condition and electrical systems installed or furnished by Landlord Landlord, unless such maintenance and repairs are caused in part or in whole wholly by the act, ordinary wear and tear excepted, neglect, fault of or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord Landlord, as additional rent, the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, Paragraph 23 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 the Premises, Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives waives, the right to make repairs at Landlord's expense under Section 1942 of the California Civic Code, or under any law, statute or ordinance now or hereafter in effect effect. Landlord shall also have the right, but not the obligation, to undertake any work of repair or maintenance (including cleaning of the Premises) which Tenant is required to perform hereunder or under any other provisions of California Civil Code Sections 1941 this Lease and 1942 and any successor sections which Tenant fails 8 or statutes of a similar nature); provided, however, if Landlord fails refuse to perform any repair in a timely and efficient manner. All such work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted subject to make such repairs, using contractors reasonably approved a charge established by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts which shall be payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liensto Landlord promptly upon demand.
Appears in 1 contract
Repairs. A. By taking possession (a) Landlord shall (i) keep the core and shell (as defined in Section 12.5), the roof, exterior walls, foundation and structural frame of the PremisesBuilding and the Common Area in good order, repair and condition (excluding, however, all repairs which Tenant shall be deemed is obligated to have accepted make or pay for pursuant to this Section 8.1 and all repairs which any other tenant of the Premises as being Building is required to make pursuant to the terms of such tenant’s lease), consistent with comparable Class A office building standards, at all times during the Term, and (ii) keep in good, sanitary good order, condition and repair, consistent with comparable Class A office building standards, all outside windows of the Demised Premises and the base Building electrical, plumbing, heating, ventilating and air conditioning systems servicing the Demised Premises (other than as set forth in Section 8.1(b) below). Landlord’s repair obligations hereunder shall include the “replacement” of items for which Landlord is responsible for repair hereunder, as opposed to repairs to such items, if such items have reached the end of their useful life (as determined by Landlord, in good faith), and if the replacement (in lieu of repair) of such items would be the commercially reasonable course of action in accordance with comparable Class A office building standards. Tenant shallshall give Landlord prompt notice of any defective condition in any base Building plumbing, heating system or electrical lines located in, servicing or passing through the Demised Premises and following such notice, Landlord shall use commercially reasonable efforts where practicable to initiate all repairs promptly and to remedy the condition with due diligence, subject to unavoidable delay, but at the expense of Tenant if repairs are necessitated by any default by Tenant hereunder or by any negligence or willful misconduct attributable to Tenant, Tenant’s agents, employees, invitees or licensees; provided, however, that no liability of Landlord to Tenant shall accrue hereunder unless and until Tenant has given notice to Landlord of the specific repair to be made.
(b) Tenant, at Tenant's its sole cost and expense, shall (i) keep the Demised Premises (including all Tenant’s Work and every part thereof other Alterations) in good order, repair and condition at all times during the Term, and (ii) promptly and adequately repair all damage thereto from causes beyond the reasonable control of Tenant with ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. Notwithstanding the provisions of Article 11.
A. hereinabove, Landlord shall repair and maintain the structural portions of the BuildingDemised Premises, including the basic plumbing, air conditioning, heating damage to interior windows and electrical systems installed or furnished by Landlord unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 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 air conditioning, heating, electrical, mechanical and plumbing systems which run through the Demised Premises and which serve the Demised Premises, to the extent caused by Tenant or its contractors, agents, employees or invitees (and to the extent not caused by Tenant or it contractors or agents, employees or invitees, then Landlord shall make such repairs as and to the extent provided in Section 8.1 (a) above). All repairs made by or on behalf of Tenant shall be made and performed in accordance with the provisions of Section 8.2 and shall be consistent in quality and design to fixturesClass A office buildings in Lisle/Naperville, appurtenances and equipment thereinIllinois. If Tenant waives the right fails to proceed with due diligence to make repairs required to be made by Tenant, and such failure shall continue for 10 business days after notice from Landlord (except that no such notice shall be required in the case of an emergency or in the event such failure materially impacts the occupancy of any other Building tenant or occupant or the core and shell [as defined in Section 12.5] of the Building), the same may, at Landlord's ’s sole discretion and without limiting other rights or remedies available to Landlord, be made by Landlord at the expense under any law, statute or ordinance now or hereafter in effect (including of Tenant and the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if actual costs so incurred by Landlord fails shall be paid to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, by Tenant within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (submission of a bxxx or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved statement therefor by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liens.
Appears in 1 contract
Repairs. A. By taking possession Subject to the provisions of Paragraphs 9 and 58 of this lease, during the full term of this lease, Landlord shall make all structural repairs to the Demised Premises, Tenant except those which shall be deemed to have accepted been occasioned by the Premises as being in goodacts of omission or commission of Tenant, sanitary orderits agents, condition and repair. Tenant shallemployees or invitees, which repairs Landlord shall make at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair damage thereto from causes beyond the reasonable control of Tenant with ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises Structural repairs are hereby defined to be repairs to the Landlord in good conditionroof supports, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendumbearing walls, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed foundation and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. Notwithstanding the provisions of Article 11.
A. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairssteel. Landlord shall not be liable for any failure perform all maintenance and repair work with reasonable diligence and in a workmanlike manner and agrees to make any such repairs or use commercially reasonable efforts to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or minimize interference with Tenant's business arising from operations at the making Demised Premises. Except for Landlord's obligations specifically set forth in this Paragraph 48, Tenant shall, at its own cost and expense, keep the Demised Premises in good condition, repair and appearance at all times throughout the term of any repairsthis lease including, alterations or improvements in or to any portion without limitation, (i) maintenance, repair and replacement of the Building or electrical, plumbing, sprinkler, heating, air conditioning, ventilation, life safety and all other mechanical systems servicing the Demised Premises; (ii) regularly-scheduled cleaning and maintenance of the interior of the Demised Premises; (iii) the maintenance, or in or to fixturesrepair and replacement of all windows, appurtenances doors and equipment therein. Tenant waives plate glass; and (iv) maintenance, repair and replacement of the right to make repairs at Landlord's expense under any lawroof, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord other than with respect to the Premises pursuant roof area described in Paragraph 47 above and the roof supports described in this Paragraph 48(a). Tenant shall at all times obtain and keep in full force and effect for the benefit of Landlord and Tenant with a responsible company doing business in Suffolk County a service, repair and maintenance contract with respect to this Paragraphthe heating, within thirty ventilating and air conditioning systems servicing the Demised Premises. A copy of such contract and renewals thereof shall, upon issuance and thereafter not later than ten (3010) days after prior to expiration, be furnished to Landlord receives Tenant's written notice together with evidence of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from lienspayment.
Appears in 1 contract
Repairs. A. (a) By taking possession entry hereunder with the exception of the Premisespunch list items, Tenant shall be deemed to have accepted accepts the Premises as being in good, good and sanitary order, condition and repair, reasonable wear and tear excepted. Tenant shall keep, maintain and preserve the Premises in first class condition and repair, and shall, when and if needed, at Tenant's sole cost and expense, keep make all repairs to the Premises and every part thereof in good condition and repair damage thereto from causes beyond the reasonable control of Tenant with ordinary wear and tear exceptedthereof. Tenant shall shall, upon the expiration or sooner termination of this Lease hereof the term hereof, surrender the Premises to the Landlord in good conditionthe same condition as when received, usual and ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall Shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the thereof. The parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building or the Common Area except as specifically herein set forth.
B. Notwithstanding (b) Anything contained in Paragraph 15(a) above to the provisions of Article 11.
A. hereinabovecontrary notwithstanding, Landlord shall repair and maintain the structural portions of the BuildingBuilding and the plumbing, including the basic plumbingheating, ventilating, air conditioning, heating elevator and electrical systems installed or furnished by Landlord Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault neglect or omission of any duty by the Tenant, its agents, servants, employees employees, or invitees, in which case Tenant shall pay to Landlord Landlord, as additional rent, the reasonable cost of such maintenance and repairs. repair Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall result in an unreasonable interference with Tenant's business or shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 Paragraph 23 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 the Premises, Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect.
(c) Tenant's Self-Help Rights. 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 Sections 1941 and Section 1942 and any successor successive sections or statutes of a similar nature); provided, however, subject to the termination rights set forth in Paragraph 23 and 24, if Landlord fails to perform any maintenance or repair work required of Landlord with respect to the Premises pursuant to this Paragraph, Subparagraph 15(b) above within thirty (30) days after Landlord receives Tenant's written ,notice of the need for such repair repairs (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required such work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord following delivery of an additional two (2) business days' prior written notice to Landlord indicating that Tenant intends to undertake will be undertaking such repairrepairs, and (ii) Tenant shall be entitled to recover from Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual reasonable and documented costs of such repair performed repairs made by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by If Tenant makes any such repairs pursuant to this Subparagraph 15(b), the performance of such repairs shall be done in accordance with the provisions of this LeaseLease including, including without limitation, Paragraph 12, keeping the premises free from liensParagraphs 14 and 16 hereof.
Appears in 1 contract
Repairs. A. By taking possession (a) Subject to the provisions of Paragraphs 9 and 58 of this lease, during the full term of this lease, Landlord shall make all structural repairs to the Demised Premises, Tenant except those which shall be deemed to have accepted been occasioned by the Premises as being in goodacts of omission or commission of Tenant, sanitary orderits agents, condition and repair. Tenant shallemployees or invitees, which repairs Landlord shall make at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair damage thereto from causes beyond the reasonable control of Tenant with ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises Structural repairs are hereby defined to be repairs to the Landlord in good conditionroof supports, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendumbearing walls, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed foundation and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. Notwithstanding the provisions of Article 11.
A. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairssteel. Landlord shall not be liable for any failure perform all maintenance and repair work with reasonable diligence and in a workmanlike manner and agrees to make any such repairs or use commercially reasonable efforts to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or minimize interference with Tenant's business arising from operations at the making Demised Premises. Except for Landlord's obligations specifically set forth in this Paragraph 48, Tenant shall, at its own cost and expense, keep the Demised Premises in good condition, repair and appearance at all times throughout the term of any repairsthis lease including, alterations or improvements in or to any portion without limitation, (i) maintenance, repair and replacement of the Building or electrical, plumbing, sprinkler, heating, air conditioning, ventilation, life safety and all other mechanical systems servicing the Demised Premises; (ii) regularly-scheduled cleaning and maintenance of the interior of the Demised Premises; (iii) the maintenance, or in or to fixturesrepair and replacement of all windows, appurtenances doors and equipment therein. Tenant waives plate glass; and (iv) maintenance, repair and replacement of the right to make repairs at Landlord's expense under any lawroof, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord other than with respect to the roof area described in Paragraph 47 above and the roof supports described in this Paragraph 48(a). Tenant shall at all times obtain and keep in full force and effect for the benefit of Landlord and Tenant with a responsible company doing business in Suffolk County a service, repair and maintenance contract with respect to the heating, ventilating and air conditioning systems servicing the Demised Premises. A copy of such contract and renewals thereof shall, upon issuance and thereafter not later than ten (10) days prior to expiration, be furnished to Landlord together with evidence of payment.
(b) Notwithstanding anything to the contrary contained in this lease, if there exists the need for a repair in the Demised Premises pursuant for which Landlord is responsible hereunder (other than an Emergency Repair [as hereinafter defined] or an Immediate Repair [as hereinafter defined]), and Landlord has failed to this Paragrapheither (i) commence and diligently pursue the completion of such repair, or (ii) deliver written notice to Tenant disputing the necessity of, or Landlord's responsibility for, the subject repair (either such action being herein referred to as a "Landlord Repair Response"), within thirty (30) days after Landlord receives Tenant's following written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work)thereof by Tenant, then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided may deliver a five (i) Tenant first gives Landlord an additional two (25) business days' prior written day notice indicating that Tenant intends of Tenant's intention to undertake such repair, and arrange for the performance of the subject repair for the account of Landlord. lf there has still not occurred a Landlord Repair Response by the expiration of the aforementioned five (ii) Landlord fails to commence such repair within such two (25) business day period. If , then Tenant performs any may arrange for the performance of the subject repair as permitted under this Paragraph, and Landlord agrees to shall promptly reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any offout-set rights against rent or any other amounts payable of-pocket expenses incurred by Tenant under in connection therewith. However, Tenant acknowledges and agrees that (y) the exercise by Tenant of the foregoing self-help right shall be limited to the boundaries of the Demised Premises only or, subject to the further restrictions set forth in subsection (z) below, those portions of the Building which Tenant is entitled to use pursuant to this Leaselease or which materially adversely affects Tenant's access to and use of the Demised Premises, and (z) if any aspect(s) of the repair or restoration work would affect, touch or concern the Building systems or the common areas and/or exterior portions of the Building, then Tenant shall only engage a subcontractor(s) approved by Landlord for the performance of the subject work. Any For purposes of this Paragraph 48(b) only, the term "Emergency Repair" shall mean and refer to any repair work done by which, if not promptly performed, will likely result in imminent material harm to persons and/or personal property. In the event an Emergency Repair is necessary, Tenant shall be done in accordance with permitted to immediately perform the provisions Emergency Repair, as set forth herein, without notice to Landlord. For purposes of this LeaseParagraph 48(b) only, including without limitationthe term "Immediate Repair" shall mean and refer to any repair which, Paragraph 12if not promptly performed, keeping will materially and adversely affect Tenant's normal use and occupancy of the premises free Demised Premises. In the event an Immediate Repair is necessary, Tenant shall be permitted to perform the Immediate Repair, as set forth herein, in the event Landlord has failed to commence such Immediate Repair within three (3) business days of written notice from liensTenant of the need for such Immediate Repair.
Appears in 1 contract
Repairs. A. By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. 8.1 Tenant shall, at all times during the term hereof and at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair damage thereto from causes beyond the reasonable control of Tenant with repair, ordinary wear and tear excepted, and except as is Landxxxx'x xbligation pursuant to Section 8.2. Tenant shall upon at the expiration or sooner termination end of this Lease the term hereof surrender to Landlord the Premises to and all Alterations in the Landlord in good conditionsame condition as when received, ordinary wear and tear and damage from causes beyond by fire, earthquake, act of God or the reasonable control of Tenant elements excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have has no obligation whatsoever and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building thereof, except as specifically herein set forthforth elsewhere in this Law.
B. Notwithstanding the provisions of Article 11.
A. hereinabove, 8.2 Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, heating, air conditioning, heating ventilating and electrical systems systems, installed or furnished by Landlord Landlord, unless the necessity for such maintenance and repairs are is in any way caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs, subject to Section 17.4 hereof. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after Landlord receives written notice of the need of for such repairs or maintenance is given from Tenant and fails to Landlord make such repairs or perform such maintenance for a reasonable period of time following such notice by TenantTenaxx. Except as provided in Article 22 hereof, there Xxere shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business Tenaxx'x xusiness arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, Premises or in or to fixtures, appurtenances and and/or equipment therein. Tenant waives the right to make , provided such repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved are being diligently pursued by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liens.
Appears in 1 contract
Samples: Office Lease (E Greetings Network)
Repairs. A. By taking possession Subject to the provisions of Paragraphs 9 and 58 of this lease, during the full term of this lease, Landlord shall make all structural repairs to the Demised Premises, Tenant except those which shall have been occasioned by the acts of omission or commission of Tenant, its agents, employees or invitees, which repairs Landlord shall make at Tenant’s sole cost and expense. Structural repairs are hereby defined to be deemed repairs to have accepted the Premises as being roof supports, the bearing walls, foundation and the structural steel. Landlord shall perform all maintenance and repair work with reasonable diligence and in gooda workmanlike manner and agrees to use commercially reasonable efforts to minimize interference with Tenant’s business operations at the Demised Premises. Except for Landlord’s obligations specifically set forth in this Paragraph 48, sanitary order, condition and repair. Tenant shall, at Tenant's sole its own cost and expense, keep the Demised Premises and every part thereof in good condition and repair damage thereto from causes beyond the reasonable control of Tenant with ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear repair and tear appearance at all times throughout the term of this lease including, without limitation, (i) maintenance, repair and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition replacement of the Premises or the Building except as specifically herein set forth.
B. Notwithstanding the provisions of Article 11.
A. hereinaboveelectrical, Landlord shall repair and maintain the structural portions of the Buildingplumbing, including the basic plumbingsprinkler, heating, air conditioning, heating ventilation, life safety and electrical all other mechanical systems installed or furnished by Landlord unless such servicing the Demised Premises; (ii) regularly-scheduled cleaning and maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 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 interior of the Building or Demised Premises; (iii) the Premisesmaintenance, or in or to fixturesrepair and replacement of all windows, appurtenances doors and equipment therein. Tenant waives plate glass; and (iv) maintenance, repair and replacement of the right to make repairs at Landlord's expense under any lawroof, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord other than with respect to the Premises pursuant roof area described in Paragraph 47 above and the roof supports described in this Paragraph 48(a). Tenant shall at all times obtain and keep in full force and effect for the benefit of Landlord and Tenant with a responsible company doing business in Suffolk County a service, repair and maintenance contract with respect to this Paragraphthe heating, within thirty ventilating and air conditioning systems servicing the Demised Premises. A copy of such contract and renewals thereof shall, upon issuance and thereafter not later than ten (3010) days after prior to expiration, be furnished to Landlord receives Tenant's written notice together with evidence of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from lienspayment.
Appears in 1 contract
Samples: Assignment and Assumption of Lease Agreement (Standard Microsystems Corp)
Repairs. A. By taking possession (A) The Owner’s Association of the Building of which Landlord is a member, shall keep and maintain the common areas, grounds, and parking lots in good order and repair, the foundation, exterior walls, and roof the building in which the Premises are located and the structural portions of the Premises, exclusive of doors, door frames, windows and window frames. Landlord shall not be called upon to make repairs occasioned by the acts or negligence of Tenant, its agents, employees, invitees, licensees or contractors, except to the extent that Landlord is reimbursed therefore under any policy of insurance permitting waiver of subrogation in advance of loss. Landlord shall not be called upon to make any other improvements of repairs of any kind upon the Premises and appurtenance, except as may be required hereunder.
(B) Tenant shall be deemed to have accepted the Premises as being keep and maintain in good, sanitary good order, condition and repair. Tenant shallrepair (including replacement of parts and equipment, at Tenant's sole cost and expense, keep if necessary) the Premises and every part thereof in good condition and repair damage thereto from causes beyond the reasonable control of Tenant with ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. Notwithstanding the provisions of Article 11.
A. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 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 the Premises, or in or to fixtures, appurtenances and equipment therein. 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 Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Leaseall appurtenances thereto wherever located, including without limitation, Paragraph 12the exterior and interior portion of all doors, keeping windows, plate glass, storefront, all plumbing and sewage facilities within the premises Premises, including free flow up to the main sewer line and water lines up to and including the water meter serving the Premises to the point of connection at a shutoff valve, all fixtures, heating, air conditioning and electrical systems which service the Premises, and ail doors, walls, floors and ceiling. Tenant shall repair all improvements, additions and fixtures installed by Tenant and any damage caused by Tenant’s acts or omissions.
(C) Tenant shall at once report in writing to Landlord any known defective condition on the Premises that Landlord is required to repair, and failure to so report shall make Tenant responsible for all property damage and personal injury resulting from lienssuch defective condition that could have been avoided if the same had been promptly reported by Tenant.
Appears in 1 contract
Repairs. A. By taking possession of the Premises, 15.1 Tenant shall at its sole cost and expense make all repairs excepting those noted in section 3.4. Lessor shall be deemed under no liability for repair, maintenance, replacement or any other action with respect to have accepted the Premises as being in good, sanitary order, condition and repair. or any part thereof.
15.2 Tenant shall, at Tenant's its sole cost and expense, keep and maintain the Premises and every part thereof clean and in good order and condition and shall make all repairs and replacements thereto and to each and every part thereof which may be necessary, required or desired. Without limiting the generality of the foregoing, Tenant shall be solely responsible for all heating, ventilating, air conditioning, plumbing, electrical, including light bulbs and ballasts and mechanical systems, facilities, equipment, fixtures and appliances and parts thereof; all doors, ceiling and wall coverings; and all painting and decorating. Tenant shall maintain HVAC systems, affecting the Premises on a monthly preventative maintenance basis. Lessor expressly warrants the HVAC system shall be in good working order on the Commencement of Lease.
15.3 Tenant shall, at its sole cost and expense, install and replace such signs, decorations, lettering, advertising matter and other things as may be approved by Lessor and keep and maintain same in good condition and repair damage thereto and in keeping with the image, character and standards as may be established from causes beyond time to time by Lessor for the reasonable control of Tenant with ordinary wear Shopping Center/Business Park and tear excepted. shall make such replacements as may be necessary.
15.4 In the event that Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. Notwithstanding the provisions of Article 11.
A. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 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 the Premises, or in or to fixtures, appurtenances and equipment therein. 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 Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraphfail, within thirty (30) days after Landlord receives notice in writing by Lessor, to make repairs or replacements to Premises, the Improvements, the signs or any part thereof which may be necessary or required, Lessor may make the same and collect the costs thereof and expenses incurred in connection therewith, together with interest thereon at the then prevailing commercial rate from Tenant's , by exercising all remedies provided by law and provided herein for collection of rent.
15.5 In the event that the portion of the Premises which Tenant has agreed to maintain, if any, shall be damaged or destroyed as a result of fire, casualty or other occurrence, Tenant shall remove any resulting debris and repair or replace such damaged structure promptly, and if Tenant fails to commence required restoration work within ninety (90) days from the date of such damage or destruction or fails to diligently proceed to complete the same, Lessor’s remedy shall be the right and option to terminate the Term of this Lease by giving Tenant written notice of the need for such repair (or such period of Lessor’s election to do so at any time in excess of thirty (30) days as is reasonably necessary based upon the nature prior to completion of the required work), then repairs or replacements if Tenant shall not then be permitted to make actively undertaking such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liensrestoration work.
Appears in 1 contract
Repairs. A. (a) By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, order condition and repair. .Tenant shall, at Tenant's ’s sole cost and expense, keep the Premises and every part thereof in good condition and repair damage thereto from causes beyond the reasonable control of Tenant with and ordinary wear and tear excepted. .Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. excepted Except as specifically provided in an addendumaddendum to this Lease, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. (b) Notwithstanding the provisions of Article 11.
A. hereinabovel2 a.herein above, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating heating, and electrical systems systems, installed or furnished by Landlord Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. .Except as provided in Article 22 23 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's Txxxxx’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, Premises or in or to fixtures, appurtenances and equipment therein. .Tenant waives the right to make repairs at Landlord's ’s expense under any law, statute or ordinance now or hereafter in effect (including effect.Landlord shall maintain the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of building in a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord manner which is commensurate with respect to other comparable buildings in the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liensCarlsbad Palomar Airport Class “A” office market.
Appears in 1 contract
Samples: Office Building Lease (Southwest Community Bancorp)
Repairs. A. (a) By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. .* Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair repair, damage thereto from causes beyond the reasonable control of Tenant with and ordinary wear war and tear excepted. Tenant shall shall, upon the expiration or sooner of earlier termination of this Lease the term hereof or any renewal or extension thereof, surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as may be specifically provided in an addendum, if any, to this Leaseaddendum hereto, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically set forth herein set forthor in any addendum hereto.
B. (b) Notwithstanding the provisions of Article 11.8
A. hereinabove, (a) Landlord shall repair and maintain the structural portions portion of the Building, including the basic plumbing, air conditioning, heating heating, and electrical systems systems, installed or furnished by Landlord Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Except as provided in Article 19 hereof, there shall be no abatement of rent and no liability of Landlord shall not be liable (i) for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent and no liability of Landlord or (ii) by reason of or any injury to or interference with Tenant's business arising from the making of any __________________ * Upon occupancy, Tenant and Building Manager shall inspect the Premises to determine if the tenant finish is substantially complete per the attached floor plan and establish a list of items, if any, remaining to be finished. repairs, alterations or improvements in or to any portion of the Building or the Premises, Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives the right right, under any law, statue, or ordinance now or hereafter in effect, 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 Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liensexpense.
Appears in 1 contract
Samples: Office Building Lease (Vialog Corp)
Repairs. A. By taking possession 9.1 Landlord agrees to repair and maintain the structural portions of the Building and the plumbing, heating, ventilating, air conditioning and electrical systems installed or furnished by Landlord therein (including the Chiller), unless such maintenance and repairs are (i) attributable to items installed in the Premises by Tenant or which are above Building Standard interior improvements (such as, for example, custom lighting, special HVAC systems kitchen or non-Building-standard restroom facilities not indicated on the Base Building Plans and appliances constructed or installed within the Premises) or (ii) caused by the willful misconduct or gross negligence of Tenant or its agents, contractors, invitees and licensees, in any which case Tenant will pay to landlord, as additional rent, the actual cost of such maintenance and repair plus, in the case of maintenance and repairs described in subsection (ii) above, a fee equal to ten percent (10%) of the actual costs to cover overhead and a fee for Landlord’s agent or manager. Amounts payable by Tenant pursuant to this Section 9.1 shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repairpayable on demand after receipt of an invoice therefor from Landlord. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair damage thereto from causes beyond the reasonable control of Tenant with ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have has no obligation whatsoever and has made no promise to maintain, alter, remodel, improve, repair, decorate decorate, or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. Notwithstanding the provisions of Article 11.
A. hereinabovePremises, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 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 the PremisesProject or any part thereof, except as specifically set forth in this Lease. In no event shall Landlord have any obligation to maintain, repair or replace any furniture, furnishings, fixture’s or personal property of Tenant unless resulting from the gross negligence or willful misconduct of Landlord or its employees, agents, or in contractors and not covered by insurance maintained or required to fixtures, appurtenances and equipment thereinbe maintained by Tenant under this Lease. Tenant hereby waives the right to make repairs at Landlord's expense under provisions of California Civil Code Sections 1932(1); 1941 and 1942 and of any similar law, statute or ordinance now or hereafter in effect effect.
9.2 Except to the extent that the same is Landlord’s responsibility under Section 9.1, and except to the extent that the need for any maintenance and repair is the result of Landlord’s or its employee’s, contractor’s, or agent’s gross negligence or willful misconduct and is not covered by insurance maintained, or required to be maintained, by Tenant under this Lease, Tenant shall keep the Premises (including including, the provisions Leasehold Improvements) in good order and in a safe, neat and clean condition, normal wear and tear excepted, and at Tenant’s sole cost and expense, shall make all repairs to the Premises and every part thereof, when and if needed. In the event Tenant fails to promptly commence and diligently pursue the performance of California Civil Code Sections 1941 such maintenance or the making of such repairs or replacements, and 1942 such failure materially and any successor sections adversely impacts upon (i) Landlord’s operation of the Building and/or the Project, (ii) the structure of the Building, (iii) the Central Systems or statutes (iv) the exterior appearance of the Building or the Premises, then Landlord, at its option and upon at least five (5) days, prior written notice to Tenant (except in case of emergency, in which case no notice shall be necessary), may perform such maintenance or make such repairs and Tenant shall reimburse Landlord, within ten (10) days after Tenant receives an invoice, for the actual costs of such maintenance and repair.
9.3 All repairs made by tenant pursuant to Section 9.2 shall be performed in a similar nature)good and workmanlike manner by reputable contractors or other repair personnel selected by Tenant and reasonably approved by Landlord; provided, however, that neither Tenant nor its contractors or repair personnel shall be permitted to do any work affecting the Central Systems (as such term is defined in Exhibit “C” hereof). In no event shall such work be done for Landlord’s account or in a manner which allows any liens to be filed in violation of Article 11. To the extent any repairs involve the making of alterations to the Premises. Tenant shall comply with the provisions of Article 10.
9.4 Subject to the other provisions of this Lease imposing obligations regarding repair upon Tenant, Landlord shall repair all machinery and equipment necessary to provide the services of Landlord described in Article 7 (provided that Tenant shall pay the costs of any repair to such systems or any part thereof damaged by Tenant and Tenant’s employees, customers, clients, agents, licensees and invitees) and for repair of all portions of the Project which do not comprise a part of the Premises and are not leased to others.
9.5 Notwithstanding anything in this Article 9 to the contrary, if Landlord fails to perform any Landlord repair obligation under Sections 9.1 and 9.4 hereof within the time periods set forth in Section 13.6 following receipt of written notice from Tenant to Landlord or, in the case of emergency, within a reasonable period of time following receipt of such notice from Tenant, then Tenant shall be permitted to perform such obligation on Landlord’s behalf, provided Tenant first delivers to Landlord an estimate of the cost to repair and an additional, three (3) Business Days’ prior written notice that Tenant will be performing such obligation, and provided Landlord fails to commence to perform such obligation within such additional three (3) Business Day period or to thereafter diligently pursue such repair to completion. If the obligations to be performed by Tenant will affect the Central Systems or the structure or exterior appearance of the Building, then Tenant shall use only those contractors used by Landlord in the Building for work on the same. All other contractors shall be licensed and bonded and all requisite permits must have been obtained for the required work. Any work performed by or on behalf of Tenant shall be performed in accordance with the provisions of Articles 9 and 10. Promptly following completion of any such work, Tenant shall deliver to Landlord with respect a paid invoice containing a particularized breakdown of the nature of the work performed by Tenant and the costs incurred by Tenant in connection therewith (the “Invoice”). If within thirty (30) days following Landlord’s receipt of the Invoice, Landlord does not either reimburse to Tenant the sums set forth in the Invoice or deliver written notice to Tenant objecting to the Premises amounts set forth in the Invoice and/or the nature of the work performed by Tenant, then Tenant may deduct the amounts set forth in the Invoice, together with interest thereon at the Interest Rate, against Rent. If Landlord gives Tenant written notice of Landlord’s objection to the amounts set forth in the Invoice within such thirty (30) day period, then Tenant shall not have any right to offset the cost of performing any such obligation against Rent, but Tenant shall have the right to pursue any other remedies against Landlord available to it under applicable law, including the right to have the dispute resolved by binding arbitration pursuant to this Paragraphthe rules and procedures of the American Arbitration Association. If the dispute is resolved by arbitration and it is held that Tenant is entitled to reimbursement of all or a portion of sums previously objected to by Landlord, and if Landlord fails to reimburse Tenant such sums, together with interest thereon at the Interest Rate, within thirty (30) days after Landlord receives Tenant's written notice of the need for following such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work)arbitration decision, then Tenant shall be permitted to make may deduct such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted sums against Base Rent next coming due under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Notwithstanding anything above to the contrary, in no event shall Tenant shall be done in accordance with entitled to deduct more than twenty percent (20%) of any installment of Monthly Base Rent during any month of the provisions of Term pursuant to this Lease, including without limitation, Paragraph 12, keeping the premises free from liensSection 9.5.
Appears in 1 contract
Samples: Sublease (Celladon Corp)
Repairs. A. By taking possession of the Premises, Tenant shall be deemed TENANT agrees to:
a) immediately report to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair damage thereto from causes beyond the reasonable control of Tenant with ordinary wear and tear excepted. Tenant shall upon the expiration LANDLORD any damages or sooner termination of this Lease hereof surrender the Premises needed repairs; and
b) pay for repairs which are needed due to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control fault of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises TENANT or any part thereof once of TENANT's family, occupants, guests, licensees, invitees or agents. If TENANT or any occupant needs to send a notice or request— for example, for repairs, installations, services, ownership disclosure or security-related matter— IT MUST BE SIGNED AND PROVIDED IN WRITING to LANDLORD’s designated representative (except in case of fire, smoke, gas, explosion, overflowing sewage, uncontrollable running water, electrical shorts, or crime in progress). LANDLORD’s written notes on TENANT’s oral request do not constitute a written request from TENANT. LANDLORD’s compliance with or responding to any oral request regarding security or any other matters does not waive the initial tenant improvements are completed strict requirement for written notices under this LEASE. TENANT must promptly notify LANDLORD in writing of: water leaks; mold; electrical problems; malfunctioning lights; broken or missing locks or latches; and other conditions that pose a hazard to property, health, or safety. LANDLORD may change or install utility lines or equipment serving the parties hereto affirm that Landlord has made no representations UNIT if the work is done reasonably without substantially increasing TENANT’s utility costs. LANDLORD may turn off equipment and interrupt utilities as needed to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. Notwithstanding the provisions of Article 11.
A. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs avoid property damage or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs work. If utilities malfunction or maintenance is given to Landlord are damaged by Tenantfire, water or similar cause, TENANT must notify LANDLORD’s representative immediately. Except If air conditioning or other equipment malfunctions, TENANT must notify LANDLORD’s representative as provided in Article 22 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference soon as possible on a business day. LANDLORD will act with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, or in or to fixtures, appurtenances and equipment therein. Tenant waives the right customary diligence to make repairs and reconnections, taking into consideration when casualty insurance proceeds are received RENT will not xxxxx in whole or in part. If LANDLORD believes in its sole judgment that damage is substantial, or that performance of needed repairs poses a danger to TENANT, LANDLORD may terminate this LEASE without liability by giving TENANT at Landlord's expense under any law, statute or ordinance now or hereafter in effect least five (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (305) days after Landlord receives Tenant's written notice of the need for such repair (notice. LANDLORD may also remove personal property if it causes a health or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day periodsafety hazard. If Tenant performs any repair as permitted under this Paragraphthe LEASE is so terminated, Landlord agrees to reimburse Tenant for the reasonableLANDLORD will refund prorated RENT and all deposits, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liensless lawful deductions.
Appears in 1 contract
Samples: Residential Lease Agreement
Repairs. A. By taking possession of the Premises, Section 14.01. Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof the fixtures and appurtenances therein in good order and condition at its sole cost and repair damage thereto from causes beyond the reasonable control expense which are not Landlord’s obligations pursuant to any provision of Tenant with ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord and shall have commit no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of waste in the Premises or the Building except as specifically herein set forthBuilding. In addition, Tenant shall make repairs necessitated by its negligence or the negligence of its employees and guests. Tenant’s ordinary repairs shall include, without limitation, the following:
(a) any installations made by or on behalf of Tenant (excepting the Initial Alterations for a period of twelve (12) months);
(b) trade fixtures and other property belonging to Tenant.
B. Notwithstanding the provisions of Article 11.
A. hereinabove, Section 14.02. Landlord shall repair and promptly make all repairs necessary to maintain the structural portions of the Building, including the basic roof, and the Building systems (HVAC, electrical, plumbing, air conditioningmechanical, heating etc.), exterior glass, parking areas and electrical systems installed or furnished by facilities servicing the Premises in proper order, condition, and repair. Unless Landlord unless such maintenance and repairs are caused in part or in whole by has actual knowledge of the actneed for repairs, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay provide a written notice to Landlord that repairs to the reasonable cost of such maintenance and repairsPremises are needed. Landlord shall not be liable for obligated under this Article to repair any failure to make any such repairs damage caused by the negligence of Tenant, its employees or guests, subtenants, or contractors or subcontractors retained by Tenant to perform any maintenance unless such failure work on the Premises.
Section 14.03. All repairs, restorations or replacements by either party shall persist for an unreasonable time after written notice be of the need of such repairs or maintenance is given to Landlord by Tenantfirst-class quality and done in a good and workmanlike manner.
Section 14.04. Except as provided otherwise set forth in Article 22 hereofthis Lease, there shall be no abatement allowance to Tenant or diminution of rent Rent and no liability on the part of Landlord by reason of any inconvenience, annoyance or injury to or interference with Tenant's business arising from the making of any repairs, alterations alterations, additions, substitutions or improvements in or to any portion of the Building or the Premises, Premises or in or and to the fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter thereof; provided that in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make each case such repairs, using contractors reasonably approved by Landlordalterations, additions, substitutions or improvements are effected in a manner which does not cause unreasonable inconvenience to Tenant and provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating further that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair in each case all work done by Tenant shall be in connection with such repairs, alterations, additions, substitutions or improvements is done promptly in accordance a good and workmanlike manner consistent with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liensa First Class Office Building.
Appears in 1 contract
Samples: Lease Agreement (Ariba Inc)
Repairs. A. By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises clean and every part thereof in good order and condition and repair damage thereto from causes beyond immediately pay Landlord, upon demand, for the reasonable control cost to make any repairs caused by Tenant’s negligence or misuse or that of Tenant with ordinary wear and tear exceptedTenant’s family, guests, invitees or agents. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. Notwithstanding the provisions of Article 11.
A. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission give prompt notice of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such non-emergency repairs or maintenance needed, via email (xxxx@xxxxx.xxx) or via the Tenant Portal, and tenant shall include complete and clear information with their request. Landlord will make reasonable efforts to make necessary repairs in a reasonable timeframe. If Tenant is given to Landlord by Tenant. Except as provided in Article 22 hereofexperiencing an emergency, there shall be no abatement for example, lack 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 repairsheat during freezing temperatures, alterations or improvements in or to any portion of the Building or the Premisesflooding, or in or sewer back up, Landlord will attempt to fixtures, appurtenances and equipment thereinmake necessary repairs within one business day. Tenant waives must report all emergency repairs by calling the right Landlord’s office line at G70-41G-8881. If outside of business hours Tenant will be directed to make on-call support. Because on-call coverage rotates, always call Landlord’s office line first rather than saving a technician’s cell phone number. Scheduling repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based may take longer than times noted above depending upon the nature of the required work)issue, then availability of materials, availability of labor, etc. Resetting a circuit breaker, resetting a garbage disposal, resetting GFCI outlets, and similar actions that can be reasonably performed by Tenant without assistance, shall be the responsibility of Tenant prior to contacting Landlord for maintenance. Burned out light bulbs shall be promptly replaced by Tenant at Tenant’s expense with the proper size, type and wattage bulb. Tenant is not authorized to conduct any structural repairs or any cosmetic repairs that would permanently alter the appearance of the Premises in any manner. Tenant agrees that, except for any window being noted as cracked or broken on the Move-In Checklist, Tenant shall reimburse Landlord the cost to repair or replace any window that becomes cracked or broken during the Lease term. Tenants shall be permitted responsible for damages to the Premises caused by theft, break-ins, accidents or unexplained events of the Premises. Tenants shall pay for any extermination costs for any pests, except as required by applicable law. Landlord reserves the right to charge a fee for any request made by Tenant for the repair of any item that Landlord determines was not a reasonable or necessary request. Tenant shall not incur any liabilities or expenses chargeable to Landlord. Tenant must make arrangements to provide access to the Premises to all persons whose entry is reasonably required to make such any repairs to the Premises. Prior to entry, Xxxxxx must move all personal property from, and clean, the area where the repairs will be made as reasonably necessary to complete the repairs. . Tenant must remove or kennel unfriendly animals, or animals that will impede completion of repairs. If a repair person retained by Xxxxxxxx is unable to enter or access the Premises, is unable to complete the repairs, using contractors reasonably approved or is delayed in completing the repairs due to Tenant’s failure to perform any obligations stated in this Section, Tenant shall pay any charge incurred by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends including time and mileage and/or cost to undertake such cancel or reschedule the repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liens.
Appears in 1 contract
Samples: Rental Agreement
Repairs. A. By taking possession of the Premises, Tenant shall be deemed TENANT agrees to:
a) immediately report to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair damage thereto from causes beyond the reasonable control of Tenant with ordinary wear and tear excepted. Tenant shall upon the expiration LANDLORD any damages or sooner termination of this Lease hereof surrender the Premises needed repairs; and
b) pay for repairs which are needed due to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control fault of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises TENANT or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations of TENANT's family or guests. If TENANT or any occupant needs to Tenant respecting the condition send a notice or request— for example, for repairs, installations, services, ownership disclosure or security-related matter-- IT MUST BE SIGNED AND PROVIDED IN WRITING to LANDLORD’S designated representative (except in case of the Premises fire, smoke, gas, explosion, overflowing sewage, uncontrollable running water, electrical shorts, or the Building except as specifically herein set forthcrime in progress). LANDLORD’S written notes on TENANT’s oral request do not constitute a written request from TENANT.
B. Notwithstanding (d) make all reasonable repairs, subject to TENANT’S obligation to pay for damages for which TENANT is liable. LANDLORD may temporarily turn off equipment and/or interrupt utilities to the provisions of Article 11.
A. hereinabove, Landlord shall repair and maintain UNIT and/or the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed PROPERTY to avoid property damage or furnished by Landlord unless to perform work requiring such maintenance and repairs are caused interruption as determined in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairsLANDLORD’S sole judgment. Landlord shall LANDLORD will not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereofinconvenience, there shall be no abatement of rent and no liability of Landlord by reason of any injury to discomfort, disruptions or interference with Tenant's business arising from TENANT’s use of the PROPERTY because LANDLORD is making of any repairs, alterations or improvements to the UNIT or the PROPERTY. If TENANT requests any repairs, and LANDLORD approves such request, the repairs will be done during LANDLORD’S usual working hours unless TENANT requests in writing that such repairs be done during other hours and such request is approved by LANDLORD. If LANDLORD approves such request TENANT will have to pay in advance any additional charges resulting from such request. TENANT agrees to take reasonable steps in order to prevent or minimize the growth of mold and mildew within the UNIT. To prevent or minimize the occurrence and growth of mold in the UNIT, TENANT hereby agrees to the following: TENANT is responsible for replacing the HVAC filter at least four times during the lease TERM at TENANT’s expense. TENANT may purchase filters from LANDLORD at a cost of $5.00 each. TENANT shall (a) remove any visible moisture accumulation in or on the UNIT, including on walls, windows, floors, ceilings, and bathroom fixtures, (b) mop up spills and thoroughly dry affected area as soon as possible after occurrence, (c) use exhaust fans in kitchen and bathroom when necessary, and (d) keep climate and moisture in the UNIT at reasonable levels. LANDLORD’S compliance with or responding to any portion of oral request regarding security or any other matters does not waive the Building strict requirement for written notices under this LEASE. TENANT must promptly notify LANDLORD in writing of: water leaks; mold; electrical problems; malfunctioning lights; broken or the Premisesmissing locks or latches; and other conditions that pose a hazard to property, health, or in safety. LANDLORD may change or install utility lines or equipment serving the UNIT if the work is done reasonably without substantially increasing TENANT’s utility costs. LANDLORD may turn off equipment and interrupt utilities as needed to avoid property damage or to fixturesperform work. If utilities malfunction or are damaged by fire, appurtenances and water or similar cause, TENANT must notify LANDLORD’S representative immediately. If air conditioning or other equipment thereinmalfunctions, TENANT must notify LANDLORD’S representative as soon as possible on a business day. Tenant waives the right LANDLORD will act with customary diligence to make repairs and reconnections, taking into consideration when casualty insurance proceeds are received. RENT will not xxxxx in whole or in part. If LANDLORD believes in its sole judgment that damage is substantial, or that performance of needed repairs poses a danger to TENANT, LANDLORD may terminate this LEASE without liability by giving TENANT at Landlord's expense under any law, statute or ordinance now or hereafter in effect least five (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (305) days after Landlord receives Tenant's written notice of the need for such repair (notice. LANDLORD may also remove personal property if it causes a health or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day periodsafety hazard. If Tenant performs any repair as permitted under this Paragraphthe LEASE is so terminated, Landlord agrees to reimburse Tenant for the reasonableLANDLORD will refund prorated RENT and all deposits, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liensless lawful deductions.
Appears in 1 contract
Samples: Residential Lease Agreement
Repairs. A. By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. a. Tenant shall, at Tenant's its sole cost and expense, keep the Premises and every part thereof in good condition and repair repair, damage thereto from causes beyond the reasonable control of Tenant with and ordinary wear and tear excepted. Tenant shall shall, upon the expiration or sooner termination of this Lease hereof hereof, surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed thereof, and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. Notwithstanding the provisions of Article 11.
A. hereinabove, b. Landlord shall repair and maintain the structural portions of the Building, including the roof, basic plumbing, air conditioning, heating heating, and electrical and sprinkler systems installed or furnished by Landlord Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. The cost of all such repairs (except repairs of structural defects) shall be included in Operating Expenses. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as specifically provided in Article 22 hereofParagraph 21 below regarding reconstruction after a casualty, there shall be no abatement of rent 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 Premises, Premises or in or to fixtures, appurtenances and equipment therein. Except as provided in Paragraph 10 c and Paragraph 10 d below, Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect (including effect.
c. Notwithstanding the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, howeverforegoing, if Landlord fails to make any repairs or to perform any repair work maintenance required of Landlord with respect to the Premises pursuant to this Paragraphhereunder and within Landlord’s reasonable control, within thirty and such failure shall persist for an unreasonable time (30not less than fifteen (15) days days) after Landlord receives Tenant's written notice of the need for such repair (repairs or maintenance is given to Landlord and unless Landlord has commenced such repairs or maintenance during such period of time and is diligently pursuing the same, Tenant may (but shall not be required to) following a second notice (which notice shall have a heading in excess of thirty at least 12-point type, bold and all caps “FAILURE TO RESPOND SHALL RESULT IN TENANT EXERCISING SELF-HELP RIGHTS”) and Landlord’s failure to commence repairs within five (305) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs after receipt of such repair performed by Tenantsecond notice, but without any off-set rights against rent perform such repairs or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done maintenance in accordance with the provisions of this LeaseLease governing Tenant’s repairs and Alterations and Tenant shall be entitled to offset all third party costs and expenses incurred by Tenant therefor against the next monthly installment of Rent, including without limitationprovided Tenant delivers to Landlord appropriate invoices and back-up documentation regarding such costs and expenses.
d. Notwithstanding any of the foregoing, Paragraph 12in the event of an emergency involving imminent threat to life or substantial property damage, keeping which shall include potential damage to Tenant’s growing laboratories for plants and Tenant’s computer systems, Tenant shall be permitted to proceed, at Tenant’s option, to repair or otherwise rectify such imminent threat and Tenant shall be entitled to offset all third party costs and expenses incurred by Tenant therefor against the premises free from liensnext monthly installment of Rent.
Appears in 1 contract
Repairs. A. By taking possession of The Tenant covenants with the Landlord to repair, maintain and keep at the Tenant’s own cost, except insofar as the obligation to repair rests upon the Landlord pursuant to this Lease, the Leased Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof including Leasehold Improvements in good condition and repair damage thereto from causes beyond the substantial repair, reasonable control of Tenant with ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond condemnation excepted, provided that this obligation shall not extend to structural elements or to exterior glass or to repairs which the Landlord would be required to make under this paragraph but for the exclusion therefrom of defects not sufficient to impair the Tenant’s use of the Leased Premises while using them in a manner consistent with this Lease. The Landlord may enter the Leased Premises, after giving the Tenant reasonable control advance, verbal notice (which shall not be required in the event of an emergency) and view the condition thereof, and the Tenant covenants with the Landlord to repair, maintain and keep the Leased Premises in good and substantial repair, reasonable wear and tear and damage from condemnation excepted. Except If the Tenant shall fail to repair as specifically provided in an addendumaforesaid after 10 days notice to do so, if any, to this Lease, the Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint may effect the Premises or any part thereof once the initial tenant improvements are completed repairs and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. Notwithstanding the provisions of Article 11.
A. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairsthereof to the Landlord on demand. The Tenant covenants with the Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice that the Tenant will at the expiration of the need of such repairs Term or maintenance is given to Landlord by Tenantsooner termination thereof peaceably surrender the Leased Premises and appurtenances in good and substantial repair and condition, reasonable wear and tear and damage from condemnation excepted. Except as provided in Article 22 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 the Premises, or in or to fixtures, appurtenances and equipment therein. 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 Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liens.Indemnification
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Samples: Lease Agreement (American Pharmaceutical Partners Inc /De/)