Responsibility of Lessee. (a) Lessee agrees to be responsible for and to relieve and hereby relieves the Lessor for all liability by reason of any injury or damage to any person or property in the demised premises, whether belonging to the Lessee or any other person, caused by any fire, breakage or leakage in any part or portion of the demised premises, or any part or portion of the building of which the demised premises is a part, or from water, rain or snow that may leak into, issue or flow from any part of the said premises, or of the building of which the demised premises is a part, or from the drains, pipes, or plumbing work of the same, or from any place or quarter, whether such breakage, leakage, injury or damage be caused by or result from the negligence of Lessor or his servants or agents or any person or persons whatsoever.
(b) Lessee also agrees to be responsible for and to relieve and hereby relieves Lessor from all liability by reason of any damage or injury to any person or thing which may arise from or be due to the use, misuse, or abuse of all or any of the elevators, hatches, openings, stairways, hallways, of any kind whatsoever, which may exist or hereafter be erected or constructed on the said premises, or from any kind of injury which may arise from any other cause whatsoever on the said premises or the building of which the demised premises is a part, whether such damage, injury, use, misuse or abuse be caused by or result from the negligence of Lessor, his servants or agents or any other person or persons whatsoever.
Responsibility of Lessee. In consideration of receiving the tax abatement granted herein, Lessee: represents and agrees:
a. Lessee agrees that, on average, during each Tax Year during the Term of this Agreement, to own or control at least twenty million dollars ($20,000,000) of Eligible Personal Property at the Real Property for each Tax Year from January 1, 2019, through December 31, 2028. The District’s Certified Appraised Value shall be used to determine the value of the Eligible Personal Property.
b. LESSEE SHALL BE RESPONSIBLE FOR NOTIFYING THE FBCAD OF THE ABATEMENT, INCLUDING FILING WITH THE FBCAD ANY APPLICATION OR OTHER FORMS NECESSARY TO QUALIFY FOR OR RECEIVE THE ABATEMENT GRANTED.
c. Lessee has, as of the effective date of this Agreement, the financial resources to implement the above representations.
d. Lessee shall ensure that taxes on all property owned by Lessee in Fort Bend County are current. Delinquent taxes for any Fort Bend County Property for which Lessee is obligated to pay taxes is a default of Lessee’s obligations and will be grounds for termination regardless of whether the delinquent property is subject to an abatement.
Responsibility of Lessee. All damages or injuries done to the Space by Lessee and/or Lessee's servants, agents, employees, patients, and individuals for whom Lessee is responsible shall be repaired by Lessee at its expense, exclusive of ordinary wear and tear, or except as the result, directly or indirectly, of Lessor's failure to maintain the Building and the Space in accordance with the provisions of this Lease, or except for the negligence of Lessor, its tenants and/or their respective servants, agents, invitees or em- ployees. Lessee covenants and agrees to make such repairs upon thirty (30) days' written notice given to Lessee by Lessor, and if Lessee shall thereafter neglect to make said repairs or commence to timely make the same, Lessor shall have the right to make such repairs at the reasonable expense and cost of Lessee, provided Lessor gives Lessee thirty (30) days written notice that Lessor is going to cure the damage or injury and charge the same to Lessee, and the amount thereof may be collected as Additional Rent accruing for the month following the date of said repair.
Responsibility of Lessee. Except as otherwise expressly provided in Section 2.09 (A), during the Term of this Agreement, Lessee shall at its sole cost and expense perform all other maintenance and repair, including but not limited to:
1) Maintain, repair and perform all ordinary preventative maintenance and upkeep of the Leased Premises. Such maintenance and repair shall include all appliances and fixtures within Lessee's Leased Premises.
2) Maintain, repair and replace any improvements, alterations, or additions caused by Lessee whether Lessee has or has not obtained advance authorization from District in accordance with Section 2.10 of this Agreement.
3) Clean and perform all janitorial service within the Leased Premises.
4) Provide pest control services necessary to maintain the Leased Premises in a pest and vermin free condition.
5) Provide landscaping services necessary for the upkeep of the Leased Premises. As between District and Lessee, Lessee shall be solely responsible for the cost of any repair or maintenance to the Leased Premises resulting from the negligent acts or omissions of Lessee, its officers, agents, employees, invitees, suppliers, or contractors. In the event of such damage, District may elect to perform such repair or maintenance itself, at Lessee’s sole cost and expense, or require Lessee to perform the same at Lessee’s sole cost and expense. Provided, however, if such repair or maintenance is not of an emergency nature, as determined by the Chief, in his sole discretion, District shall give Lessee five (5) days advance written notice of its election in such matter. Lessee agrees to take good care of the Leased Premises and to return the same at the termination of this Agreement in as good order and condition as when received, excepting ordinary wear and tear and natural decay.
Responsibility of Lessee. Lessee agrees to be responsible for and to relieve and hereby relieves the Lessor from all liability by reason of any injury or damage to any property in the Demised Premises, belonging to the Lessee, caused by any fire, breakage or leakage in any part or portion of the Demised Premises, or any part or portion of the building of which the Demised Premises is a part, or from water, rain or snow that may leak into, issue or flow from, any part of the said Demised Premises, or from the drains, pipes, or plumbing work of the same, or from any place or quarter.
Responsibility of Lessee. Lessee shall provide and maintain, for the joint benefit of the Lessee and Lessor (and mortgagees, if any) during the entire term of this Lease Agreement, public liability insurance against claims for: (1) bodily injury and death occurring on or about the Demised Premises; (2) property damage; and (3) for any claims or acts that Lessee or Lessor can be held legally liable for, regardless of the jurisdiction. Lessee shall also provide and maintain Worker's Compensation Insurance in statutory limits. Lessor shall have the right, from time to time, to make such reasonable requirements with reference to insurance that will reasonably cover liabilities to which the Lessor may be exposed by virtue of this Lease Agreement, but in no event will Lessor require that Lessee carry limits in excess of those carried by Lessor. Any insurance called for hereunder shall also provide coverage for any claims resulting from Lessee's use of any of Lessor's land pursuant to Article 17 hereof.
Responsibility of Lessee. Xxxxxx agrees to be responsible for and to relieve and hereby specifically relieves the Parish Pastor, the subject Parish, the Xxxxxx of the Diocese of Altoona-Johnstown and the Diocese of Altoona-Johnstown and in general, the Lessor, from any and all liability by reason of any injury or damage to any person or property in the demised premises, which may occur or arise during the course of the letting of the subject premises, or for the failure of Lessee to comply with any terms or conditions of this Agreement, the Lessee agreeing to be solely responsible and liable for all such injury and/or damage to any person or property or any violation of the terms or conditions of this Agreement, and Xxxxxx agrees to indemnify and hold harmless the Lessor generally and the Parish Pastor, Parish, Xxxxxx of the Diocese of Altoona-Johnstown and the Diocese of Altoona-Johnstown specifically.
Responsibility of Lessee. All damages or injuries done to the Space by Lessee and/or Lessee's servants, agents, employees, patients, and individuals for whom Lessee is responsible (collectively "Lessee's Agents") shall be repaired by Lessee at its expense, exclusive of ordinary wear and tear, or except as the result, directly or indirectly, of Lessor's failure to maintain the Center and the Space in accordance with the provisions of this Lease, or except for the negligence of Lessor or its servants, agents, invitees, representatives, employees or contractors (collectively "Lessor's Agents"). Lessee covenants and agrees to make such repairs upon thirty (30) days' written notice given to Lessee by Lessor, and if Lessee shall thereafter neglect to timely make said repairs or commence to timely make the same, Lessor shall have the right to make such repairs at the reasonable expense and cost of Lessee, and the amount thereof may be collected as additional Rent accruing for the month following the date of said repair.
Responsibility of Lessee. Any restriction or requirement imposed upon the Lessee under this Lease shall be deemed to extend to the Lessee’s agents, employees, officers, directors, partners, members, subcontractors, and guarantors, as applicable. It shall be the Lessee’s obligation to cause all applicable persons to comply with the restrictions and requirements of the Lease. The Lessee shall not permit any activity to occur on or be conducted from the Premises which is in the nature of a business or concession not authorized herein or which conflicts with concession rights granted by the Authority to any other person to engage in business on the Airport.
Responsibility of Lessee. From and after the Effective Date, Lessee shall be solely responsible for all environmental matters affecting the Property and Improvements thereon. Lessee has been afforded the opportunity under the Option to enter the Property during the option period for the purpose of conducting tests, engineering studies, to satisfy itself of the condition of the Property with respect to Hazardous Materials. Without limiting the preceding sentence:
15.4.1 Any handling, transportation, storage, treatment, disposal or use of Hazardous Materials in or about the Property and Improvements by any person or entity shall be the responsibility of Lessee and shall strictly comply with all applicable Hazardous Materials Laws and the provisions of this Agreement.
15.4.2 It shall be the duty of Lessee to insure that the Property and Improvements are at all times in strict compliance with all Hazardous Materials Laws and that all activities conducted in or about the Property and Improvements comply in every respect with all applicable Hazardous Materials Laws including, but not limited to, all notification, record keeping, and maintenance requirements of such Laws.
15.4.3 Lessee shall have and discharge all of the duties and obligations of the owner of the Property and Improvements thereon under applicable Hazardous Materials Laws, including, but not limited to, response and remediation; and
15.4.4 Lessee shall be responsible for all liability to any third party who may be harmed or claim harm resulting from an environmental condition on or about the Property and Improvements.
