Common use of Subtenant’s Obligations Clause in Contracts

Subtenant’s Obligations. Notwithstanding the designation of the costs of Sublandlord's obligation to keep the Premises in good condition and repair as Operating Expenses, Subtenant shall be solely responsible for payment of the cost therefor to Sublandlord as additional rent for that portion of the cost of any maintenance and repair of the Premises, or any equipment (wherever located) that serves only Subtenant or the Premises, to the extent such cost is attributable to causes beyond normal wear and tear. Subtenant shall , at its sole cost, maintain and repair the Building Three Premises building mechanical systems (except the HVAC system), including without limitation, the plumbing system and the electrical and lighting system, the elevators, the windows and plate glass, in good order, condition and repair. Subtenant shall retain a licensed elevator repair and maintenance contractor to maintain and repair the elevator. Subtenant's shall also be required to keep the interior of the Premises in good order, condition and repair, including without limitation (i) routine repair and maintenance (including minor changes to electrical, minor painting, and minor interior repairs and maintenance on such items as ceiling tiles and door handles, plumbing repair, light bulb replacement, and overhead screen repairs), (ii) sole responsibility for painting, repair, and replacement of wall coverings and window coverings (window coverings must meet the requirements of Exhibit C attached to the Master Lease), and (iii) repair and replacement of Subtenant Owned Alterations. Subtenant shall perform minor (tenant improvements) modifications, e.g., installation of additional security card readers and moving air conditioning vents. Sublandlord may, at its option, upon reasonable notice, elect to have Subtenant perform any particular such maintenance or repairs the cost of which is Subtenant's sole responsibility hereunder. Subtenant shall be responsible for all ordinary expenses in connection with the use of the Furniture during the term of this Sublease, including the cost of keeping the Furniture in good condition and repair, ordinary wear and tear excepted. Rent under this Sublease shall not be prorated or abated while any item of Furniture is being serviced or repaired. Sublandlord shall not be under any liability or obligation in any manner to provide service, maintenance, repairs or parts for the Furniture. At the reasonable request of Sublandlord, Subtenant shall furnish proof of Furniture maintenance to the reasonable satisfaction of Sublandlord. Subtenant may not materially alter or modify the Furniture without the prior written consent of Sublandlord, which consent may be granted or withheld at Sublandlord's reasonable discretion. Any part installed in connection with maintenance service or which cannot be removed without damaging the Furniture shall become the property of Sublandlord.

Appears in 1 contract

Samples: Work Letter Agreement (Netscreen Technologies Inc)

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Subtenant’s Obligations. Notwithstanding the designation of the costs of Sublandlord's obligation to keep the Premises in good condition and repair as Operating Expenses, Subtenant shall be solely responsible for payment of the cost therefor to Sublandlord as additional rent for that portion of the cost of any maintenance at all times and repair of the Premises, or any equipment (wherever located) that serves only Subtenant or the Premises, to the extent such cost is attributable to causes beyond normal wear and tear. Subtenant shall , at its sole costown expense clean, keep and maintain and repair the Building Three Premises building mechanical systems (except the HVAC system), including without limitation, the plumbing system and the electrical and lighting system, the elevators, the windows and plate glass, in good order, condition and repairrepair every part of the Premises (including Subtenant's trade fixtures and personal property) which is not within Landlord's Maintenance Obligation pursuant to Section 8A. Subtenant's repair and maintenance obligations shall include, without limitation, all plumbing and sewage facilities within the Premises, fixtures, interior walls and ceiling, floors, windows (including repairing, resealing, cleaning and replacing, as necessary, of exterior windows), doors, entrances, plateglass, showcases, skylights, all electrical facilities and equipment, including lighting fixtures, lamps, fans and any exhaust equipment and systems, electrical motors and all other appliances and equipment of every kind and nature located in, upon or about the Premises. Subtenant shall retain a licensed elevator repair and maintenance contractor to maintain and repair the elevator. Subtenant's shall also be required to keep the interior of the Premises in good order, condition and repair, including without limitation (i) routine repair and maintenance (including minor changes to electrical, minor painting, and minor interior repairs and maintenance on such items as ceiling tiles and door handles, plumbing repair, light bulb replacement, and overhead screen repairs), (ii) sole responsibility for painting, repair, and replacement of wall coverings and window coverings (window coverings must meet the requirements of Exhibit C attached to the Master Lease), and (iii) repair and replacement of Subtenant Owned Alterations. Subtenant shall perform minor (tenant improvements) modifications, e.g., installation of additional security card readers and moving air conditioning vents. Sublandlord may, at its option, upon reasonable notice, elect to have Subtenant perform any particular such maintenance or repairs the cost of which is Subtenant's sole responsibility hereunder. Subtenant shall be responsible for all ordinary expenses in connection with pest control within the use of the Furniture during the term of this Sublease, including the cost of keeping the Furniture in good condition Premises and repair, ordinary wear and tear excepted. Rent under this Sublease shall not be prorated or abated while any item of Furniture is being serviced or repaired. Sublandlord shall not be under any liability or obligation in any manner to provide service, maintenance, repairs or parts for all trash removal for the FurniturePremises. At the reasonable request of Sublandlord, Subtenant shall furnish proof of Furniture obtain at its expense HVAC systems preventive maintenance contracts with bimonthly or monthly service in accordance with manufacturer recommendations, which shall be subject to the reasonable satisfaction prior written approval of SublandlordLandlord, and which shall provide for and include replacement of filters, oiling and lubricating of machinery, parts replacement, adjustment of drive belts, oil changes and other preventive maintenance, including annual maintenance of duct work, interior unit drains and caulking at sheet metal, and recaulking of jacks and vents on an annual basis. Subtenant shall have the benefit of all warranties available to Landlord or Sublandlord regarding the equipment in such HVAC systems. Alternatively, Landlord may not materially alter elect to perform all repairs and maintenance itself, at Subtenant's expense, to the Building's mechanical, electrical or modify other systems in the Furniture without Premises (e.g., HVAC, life safety and automatic fire extinguisher/sprinkler systems). Landlord or Sublandlord may also perform any maintenance or repairs, at Subtenant's expense, to the prior written consent of Sublandlordextent Subtenant fails to perform such maintenance or repairs, which consent may be granted or withheld at Sublandlord's reasonable discretion. Any part installed in connection with maintenance service or which cannot be removed without damaging the Furniture shall become the property of Sublandlordafter notice and opportunity to cure such failure, as required herein.

Appears in 1 contract

Samples: Letter Agreement (Vitria Technology Inc)

Subtenant’s Obligations. Notwithstanding the designation of the costs of Sublandlord's obligation to keep the Premises in good condition and repair as Operating Expenses, Subtenant shall be solely responsible for payment of the cost therefor to Sublandlord as additional rent for that portion of the cost of any maintenance and repair of the Premises, or any equipment (wherever located) that serves only Subtenant or the Premises, to the extent such cost is attributable to causes beyond normal wear and tear. Subtenant shall also be solely responsible for the cost of painting, at its sole costrepairing or replacing wall coverings, maintain and to repair or replace any Premises improvements that that are not ordinarily a part of the Building Three Premises building mechanical systems (except the HVAC system), including without limitation, the plumbing system and the electrical and lighting system, the elevators, the windows and plate glass, in good order, condition and repair. Subtenant shall retain a licensed elevator repair and maintenance contractor to maintain and repair the elevator. Subtenant's shall also be required to keep the interior of the Premises in good order, condition and repair, including without limitation (i) routine repair and maintenance (including minor changes to electrical, minor painting, and minor interior repairs and maintenance on such items as ceiling tiles and door handles, plumbing repair, light bulb replacement, and overhead screen repairs), (ii) sole responsibility for painting, repair, and replacement of wall coverings and window coverings (window coverings must meet the requirements of Exhibit C attached to the Master Lease), and (iii) repair and replacement of Subtenant Owned Alterations. Subtenant shall perform minor (tenant improvements) modifications, e.g., installation of additional security card readers and moving air conditioning ventsor are above then Building standards. Sublandlord may, at its option, upon reasonable notice, elect to have Subtenant perform any particular such maintenance or repairs the cost of which is Subtenant's sole responsibility hereunder. Subtenant shall be responsible for all ordinary expenses in connection with the use of the Furniture during the term of this Sublease. Subtenant, including the at its sole cost of keeping and expense, shall keep the Furniture in good condition and repair, ordinary wear and tear excepted. Rent under this Sublease shall not be prorated or abated while any item of Furniture is being serviced or repaired. Sublandlord shall not be under any liability or obligation in any manner to provide service, maintenance, repairs or parts for the Furniture. Sublandlord shall assign to Subtenant all manufacturer, dealer, or supplier warranties applicable to the Furniture to enable Subtenant to obtain any warranty service available for the Furniture. Sublandlord appoints Subtenant as Sublandlord's attorney-in-fact for the purpose of enforcing any warranty. Any enforcement by Subtenant shall be at the expense of Subtenant and shall in no way render Sublandlord responsible to Subtenant for the performance of any of the warranties. At the reasonable request of Sublandlord, Subtenant shall furnish proof of Furniture maintenance to the reasonable satisfaction of Sublandlord. Other than in conformity with the manufacturer's warranty and/or functional improvements, Subtenant may not materially alter or modify the Furniture without only with the prior written consent of Sublandlord, which consent may be granted or withheld at Sublandlord's reasonable discretion. Any part installed in connection with warranty or maintenance service or which cannot be removed without damaging the Furniture shall become the property of Sublandlord.

Appears in 1 contract

Samples: Sublease Commencement Date Agreement (Ariba Inc)

Subtenant’s Obligations. Notwithstanding the designation of the costs of Sublandlord's obligation to keep the Premises in good condition and repair as Operating Expenses, Subtenant shall be solely responsible for payment of the cost therefor to Sublandlord as additional rent for that portion of the cost of any maintenance and repair of the Premises, or any equipment (wherever located) that serves only Subtenant or the Premises, to the extent such cost is attributable to causes beyond normal wear and tear. Subtenant shall , at its sole cost, maintain and repair the Building Three Premises building mechanical systems (except the HVAC system), including without limitation, the plumbing system and the electrical and lighting system, the elevators, the windows and plate glass, in good order, condition and repair. Subtenant shall retain a licensed elevator repair and maintenance contractor to maintain and repair the elevator. Subtenant's shall also be required to keep the non-structural portions of the interior of the Premises in good order, condition and repair, including without limitation (i) routine repair and maintenance (including minor changes to electrical, minor painting, and minor interior repairs and maintenance on such items as ceiling tiles and door handles, plumbing repair, light bulb replacement, and overhead screen repairs), (ii) sole responsibility for painting, repair, and replacement of wall coverings and window coverings (window coverings must meet the requirements of Exhibit C attached to the Master Lease), and (iii) repair and replacement of Subtenant Owned Alterations. Subtenant shall perform minor (tenant improvements) modifications, e.g., installation of additional security card readers and moving air conditioning vents. Subtenant shall pay to Sublandlord may, at its option, upon reasonable notice, elect to have Subtenant perform any particular such maintenance or repairs as additional rent the cost of which is Subtenant's sole responsibility hereunderany maintenance and repair of any equipment (wherever located) that serves only Subtenant or the Premises. Subtenant shall be responsible for all ordinary expenses in connection with the use of the Furniture during the term of this Sublease, including the cost of keeping the Furniture in good condition and repair, ordinary wear and tear excepted. Rent under this Sublease shall not be prorated or abated while any item of Furniture is being serviced or repaired. Sublandlord shall not be under any liability or obligation in any manner to provide service, maintenance, repairs or parts for the Furniture. At the reasonable request of Sublandlord, Subtenant shall furnish proof reasonable assurances of Furniture maintenance to the reasonable satisfaction of Sublandlord. Subtenant may not materially alter or modify the Furniture without the prior written consent of Sublandlord, which consent may be granted or withheld at Sublandlord's ’s reasonable discretion. Any part installed in connection with maintenance service or which cannot be removed without damaging the Furniture shall become the property of Sublandlord.

Appears in 1 contract

Samples: Ariba Inc

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Subtenant’s Obligations. Notwithstanding the designation of the costs of Sublandlord's obligation to keep the Premises in good condition and repair as Operating Expenses, Subtenant shall be solely responsible for payment of the cost therefor therefore to Sublandlord as additional rent for that portion of the cost of any maintenance and repair of the Premises, or any equipment (wherever located) that serves only Subtenant or the Premises, to the extent such cost is attributable to causes beyond normal wear and tear. Subtenant shall also be solely responsible for the cost of painting, at its sole costrepairing or replacing wall coverings, maintain and to repair or replace any Premises improvements that that are not ordinarily a part of the Building Three Premises building mechanical systems (except the HVAC system), including without limitation, the plumbing system and the electrical and lighting system, the elevators, the windows and plate glass, in good order, condition and repair. Subtenant shall retain a licensed elevator repair and maintenance contractor to maintain and repair the elevator. Subtenant's shall also be required to keep the interior of the Premises in good order, condition and repair, including without limitation (i) routine repair and maintenance (including minor changes to electrical, minor painting, and minor interior repairs and maintenance on such items as ceiling tiles and door handles, plumbing repair, light bulb replacement, and overhead screen repairs), (ii) sole responsibility for painting, repair, and replacement of wall coverings and window coverings (window coverings must meet the requirements of Exhibit C attached to the Master Lease), and (iii) repair and replacement of Subtenant Owned Alterations. Subtenant shall perform minor (tenant improvements) modifications, e.g., installation of additional security card readers and moving air conditioning ventsor are above then Building standards. Sublandlord may, at its option, upon reasonable notice, elect to have Subtenant perform any particular such maintenance or repairs the cost of which is Subtenant's sole responsibility hereunder. Subtenant shall be responsible for all ordinary expenses in connection with the use of the Furniture during the term of this Sublease. Subtenant, including the at its sole cost of keeping and expense, shall keep the Furniture in good condition and repair, ordinary wear and tear excepted. Rent under this Sublease shall not be prorated or abated while any item of Furniture is being serviced or repaired. Sublandlord shall not be under any liability or obligation in any manner to provide service, maintenance, repairs or parts for the Furniture. Sublandlord shall assign to Subtenant all manufacturer, dealer, or supplier warranties applicable to the Furniture to enable Subtenant to obtain any warranty service available for the Furniture. Sublandlord appoints Subtenant as Sublandlord's attorney-in-fact for the purpose of enforcing any warranty. Any enforcement by Subtenant shall be at the expense of Subtenant and shall in no way render Sublandlord responsible to Subtenant for the performance of any of the warranties. At the reasonable request of Sublandlord, Subtenant shall furnish proof of Furniture maintenance to the reasonable satisfaction of Sublandlord. Other than in conformity with the manufacturer's warranty and/or functional improvements, Subtenant may not materially alter or modify the Furniture without only with the prior written consent of Sublandlord, which consent may be granted or withheld at Sublandlord's reasonable discretion. Any part installed in connection with warranty or maintenance service or which cannot be removed without damaging the Furniture shall become the property of Sublandlord.

Appears in 1 contract

Samples: Sublease Commencement Date Agreement (Interwoven Inc)

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