Common use of Tenant Maintenance and Repair Clause in Contracts

Tenant Maintenance and Repair. Other than the responsibilities of Landlord pursuant to Section 11(a) above, Tenant shall, at all times during the Lease and at its own cost and expense, maintain the Premises including the heating, plumbing and electrical systems, the roof structure, the exterior walls of the improvements (including the curtain wall system, windows, glass, plate glass, doors, and front entries of the Premises), and the foundation of the improvements, and keep them in good condition and repair and shall use all reasonable precautions to prevent waste, damage, or injury to the Premises. For the purposes of this Lease, the term "exterior walls" will include the complete exterior envelope of the improvements, including without limitation the curtain wall system and all related enclosure and attachment systems. Tenant shall provide for LEASE – UTMB- 000 XXXXXXX XXX#000000 – Doc# 3380565v1 its own janitorial, lawn maintenance and pest control services. Any repairs or replacements to the Premises shall be Landlord's property upon installation and may not be removed by Tenant. Tenant's work, repairs and replacements shall be performed and installed free and clear of liens and encumbrances. Tenant shall promptly replace any glass which may be broken or damaged with glass of like kind or quality. Tenant shall surrender the Premises at the expiration of the Term or Renewal Term or at earlier termination, as applicable, in substantially the same condition as when received, with ordinary wear and tear and loss by casualty excepted. In the event that any repairs or replacements by Tenant (a) require that a building permit or other governmental authorization be obtained and (b) have an estimated cost exceeding Two Hundred and Fifty Thousand Dollars ($250,000.00) in construction cost excluding equipment and fixtures, then the provisions in Section 12 that govern the requirements for Alterations shall govern the repairs and replacements, including, but not limited to, the provisions requiring Tenant to provide Landlord with plans and specifications for the improvements and making certain that the plans and specifications comply fully with all applicable laws, governmental regulations and building codes. Tenant will ensure that its repairs, replacements, and modifications to the Premises are compliant with applicable building and life safety codes, and agrees that all such undertakings will (i) not exceed the electrical wiring capacity standards; (ii) will not install any additional electrical wiring or plumbing in excess of the capacity of such systems, except in compliance with the provisions in Section 12(b) hereof; (iii) any such installation shall be at Tenant's sole cost and expense. In case Tenant requests such consent, Landlord's consent will not be unreasonably withheld, conditioned, or delayed, and will in any case be provided to Tenant no later than fifteen (15) Business Days after Tenant's written request. If Landlord fails to approve or disapprove such repairs, replacements or modifications within such 15-Business Day period, Landlord's consent and approval will be deemed to have been given. Tenant will repair with reasonable promptness at its own expense, any damage to the Premises caused by bringing into the Premises any property for Tenant's use, or by the installation, use or removal of such property, regardless of fault or by whom such damage shall be caused except to the extent caused by the negligence or willful conduct of Landlord, its agents, employees or contractors.

Appears in 1 contract

Samples: Lease Agreement (Carter Validus Mission Critical REIT, Inc.)

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Tenant Maintenance and Repair. Other than the responsibilities of Landlord pursuant to Section 11(a) above, Tenant shall, at all times during the Lease Term and at its own cost and expense, maintain the Premises Property (including the heating, plumbing and electrical systems, systems and the structural components of any building and the roof structure, the exterior walls of the improvements (including the curtain wall system, windows, glass, plate glass, doors, and front entries of the Premises), and the foundation of the improvements, any building) and keep them in good condition and repair and free from actual or constructive waste and shall use all reasonable precautions to prevent waste, damage, or injury to the PremisesProperty (all the costs and expenses set forth or described in this Section 7.01 are referred to as “Other Operating Expenses”). For the purposes of this Lease, the term "exterior walls" will include the complete exterior envelope of the improvements, including without limitation the curtain wall system and all related enclosure and attachment systems. The Tenant shall provide for LEASE – UTMB- 000 XXXXXXX XXX#000000 – Doc# 3380565v1 its own janitorial, lawn maintenance and pest control services. Tenant shall, at its sole cost and expense, be responsible for the repair or reconstruction of any buildings, structures or improvements erected on the Property damaged or destroyed by Casualty; subject to Section 7.02 making all necessary structural, non-structural, exterior and interior repairs and replacements to any buildings, structures erected on the Property. Any repairs or replacements to the Premises shall be Landlord's ’s property upon installation and may not be removed by Tenant. Tenant's ’s work, repairs and replacements shall be performed and installed free and clear of liens and encumbrances. Tenant shall promptly replace any glass which may be broken or damaged with glass of like kind or quality. Tenant shall surrender the Premises Property at the expiration of the Lease Term or Renewal Term or at earlier termination, as applicable, in substantially the same condition as when received, with ordinary wear and tear and loss by casualty excepted. In the event Tenant will immediately notify Landlord when it becomes aware that any repairs or replacements by Tenant (a) require that a building permit or other governmental authorization need to be obtained and (b) have an estimated cost exceeding Two Hundred and Fifty Thousand Dollars ($250,000.00) in construction cost excluding equipment and fixtures, then the provisions in Section 12 that govern the requirements for Alterations shall govern the repairs and replacements, including, but not limited to, the provisions requiring Tenant to provide Landlord with plans and specifications for the improvements and making certain that the plans and specifications comply fully with all applicable laws, governmental regulations and building codes. Tenant will ensure that its repairs, replacements, and modifications to the Premises are compliant with applicable building and life safety codes, and agrees that all such undertakings will (i) not exceed the electrical wiring capacity standards; (ii) will not install any additional electrical wiring or plumbing in excess of the capacity of such systems, except in compliance with the provisions in Section 12(b) hereof; (iii) any such installation shall be at Tenant's sole cost and expense. In case Tenant requests such consent, Landlord's consent will not be unreasonably withheld, conditioned, or delayed, and will in any case be provided to Tenant no later than fifteen (15) Business Days after Tenant's written request. If Landlord fails to approve or disapprove such repairs, replacements or modifications within such 15-Business Day period, Landlord's consent and approval will be deemed to have been given. Tenant will repair with reasonable promptness at its own expense, any damage to the Premises caused by bringing into the Premises any property for Tenant's use, or by the installation, use or removal of such property, regardless of fault or by whom such damage shall be caused except to the extent caused by the negligence or willful conduct of Landlord, its agents, employees or contractorsmade.

Appears in 1 contract

Samples: Facility Lease Agreement (MedEquities Realty Trust, Inc.)

Tenant Maintenance and Repair. Other than the responsibilities of Landlord pursuant to Section 11(a) above, Tenant shall, at all times during the Lease Term and at its own cost and expense, maintain the Premises Property (including the heating, plumbing and electrical systems, systems and the structural components of any building and the roof structure, the exterior walls of the improvements (including the curtain wall system, windows, glass, plate glass, doors, and front entries of the Premises), and the foundation of the improvements, any building) and keep them in good condition and repair and free from actual or constructive waste and shall use all reasonable precautions to prevent waste, damage, or injury to the PremisesProperty. For the purposes of this Lease, the term "exterior walls" will include the complete exterior envelope of the improvements, including without limitation the curtain wall system and all related enclosure and attachment systems. The Tenant shall provide for LEASE – UTMB- 000 XXXXXXX XXX#000000 – Doc# 3380565v1 its own janitorial, lawn maintenance and pest control services. Tenant shall, at its sole cost and expense, be responsible for the repair or reconstruction of any buildings, structures or improvements erected on the Property damaged or destroyed by Casualty; subject to Section 7.02, making all necessary structural, non-structural, exterior and interior repairs and replacements to any buildings, structures erected on the Property. Any repairs or replacements to the Premises shall be Landlord's ’s property upon installation and may not be removed by Tenant, subject to Section 7.02. Tenant's ’s work, repairs and replacements shall be performed and installed free and clear of liens and encumbrances. Tenant shall promptly replace any glass which may be broken or damaged with glass of like kind or quality. Tenant shall, at Tenant’s expense, not more frequently than annually except for good cause shown, provide to Landlord, upon Landlord’s request, a qualified facilities assessment report which will review the physical condition of the Property at the time of the report. Tenant agrees to promptly remedy any issues or deficiencies identified in the report to Landlord’s sole but reasonable satisfaction. Tenant shall surrender the Premises Property at the expiration of the Term or Renewal Term or at earlier termination, as applicable, term in substantially the same condition as when received, with ordinary wear and tear and loss by casualty excepted. Tenant will immediately notify Landlord when it becomes aware that any repairs or replacements need to be made. In the event that any repairs or replacements by Tenant (a) require that a building permit or other governmental authorization be obtained and (b) have an estimated cost exceeding Two Hundred and Fifty Thousand Dollars ($250,000.00) in construction cost excluding equipment and fixturesobtained, then the same provisions in Section 12 that govern the requirements for Alterations alterations shall govern the repairs and replacements, including, but not limited to, the provisions requiring Tenant to provide Landlord with plans and specifications for the improvements and making certain that the plans and specifications comply fully with all applicable lawsLaws, Legal Requirements, governmental regulations and building codes. Tenant will ensure that its repairs, replacements, and modifications to the Premises are compliant with applicable building and life safety codes, and agrees that all such undertakings will (i) not exceed overload the electrical wiring capacity standards; (ii) and will not install any additional electrical wiring or plumbing in excess of the capacity of unless it has first obtained Landlord’s written consent thereto, and, if such systemsconsent is given, except in compliance with the provisions in Section 12(b) hereof; (iii) any such installation shall be at Tenant's ’s sole cost and expense. In case Tenant requests such consent, Landlord's consent will not be unreasonably withheld, conditioned, or delayed, and will in any case be provided to Tenant no later than fifteen (15) Business Days after Tenant's written request. If Landlord fails to approve or disapprove such repairs, replacements or modifications within such 15-Business Day period, Landlord's consent and approval will be deemed to have been given. Tenant will repair with reasonable promptness promptly at its own expense, any damage to the Premises Property caused by bringing into the Premises Property any property for Tenant's ’s use, or by the installation, use or removal of such property, regardless of fault or by whom such damage shall be caused except to the extent unless caused by the gross negligence or willful conduct of Landlord, its agents, employees or contractors. Tenant waives any right to require Landlord to maintain, repair or rebuild all or any part of the Property or make repairs at the expense of Landlord pursuant to any Legal Requirements at any time in effect.

Appears in 1 contract

Samples: Master Lease Agreement (MedEquities Realty Trust, Inc.)

Tenant Maintenance and Repair. Other than the responsibilities of Landlord pursuant to Section 11(a) above, Tenant shall, at all times during the Lease Term and at its own cost and expense, maintain the Premises Property (including the heating, plumbing and electrical systems, systems and the structural components of any building and the roof structure, the exterior walls of the improvements (including the curtain wall system, windows, glass, plate glass, doors, and front entries of the Premises), and the foundation of the improvements, any building) and keep them in good condition and repair and free from actual or constructive waste and shall use all reasonable precautions to prevent waste, damage, or injury to the PremisesProperty. For the purposes of this Lease, the term "exterior walls" will include the complete exterior envelope of the improvements, including without limitation the curtain wall system and all related enclosure and attachment systems. The Tenant shall provide for LEASE – UTMB- 000 XXXXXXX XXX#000000 – Doc# 3380565v1 its own janitorial, lawn maintenance and pest control services. Subject to Article 11 below, Tenant shall, at its sole cost and expense, be responsible for the repair or reconstruction of any buildings, structures or improvements erected on the Property damaged or destroyed by Casualty; subject to Section 7.02, making all necessary structural, non-structural, exterior and interior repairs and replacements to any buildings, structures erected on the Property. Any repairs or replacements to of permanent improvements on the Premises Property shall be Landlord's ’s property upon installation and may not be removed by Tenant, subject to Section 7.02. Tenant's ’s work, repairs and replacements shall be performed and installed free and clear of liens and encumbrances. Tenant shall promptly replace any glass which may be broken or damaged with glass of like kind or quality. Tenant shall surrender the Premises Property at the expiration of the Term or Renewal Term or at earlier termination, as applicable, term in substantially the same condition as when received, with ordinary wear and tear and loss by casualty excepted. Tenant will promptly notify Landlord when it becomes aware that any material repairs or replacements to permanent improvements on the Property need to be made. In the event that any repairs or replacements by Tenant (a) require that a building permit or other governmental authorization be obtained and (b) have an estimated cost exceeding Two Hundred and Fifty Thousand Dollars ($250,000.00) in construction cost excluding equipment and fixturesobtained, then the same provisions in Section 12 that govern the requirements for Alterations alterations shall govern the repairs and replacements, including, but not limited to, the provisions requiring Tenant to provide Landlord with plans and specifications for the improvements and making certain that the plans and specifications comply fully in all material respects with all applicable lawsLaws, Legal Requirements, governmental regulations and building codes. Tenant will ensure that its repairs, replacements, and modifications to the Premises are compliant with applicable building and life safety codes, and agrees that all such undertakings will (i) not exceed the electrical wiring capacity standards; (ii) will not install any additional electrical wiring or plumbing in excess of the capacity of such systems, except in compliance with the provisions in Section 12(b) hereof; (iii) any such installation shall be at Tenant's sole cost and expense. In case Tenant requests such consent, Landlord's consent will not be unreasonably withheld, conditioned, or delayed, and will in any case be provided to Tenant no later than fifteen (15) Business Days after Tenant's written request. If Landlord fails to approve or disapprove such repairs, replacements or modifications within such 15-Business Day period, Landlord's consent and approval will be deemed to have been given. Tenant will repair with reasonable promptness promptly at its own expense, any damage to the Premises Property caused by bringing into the Premises Property any property for Tenant's ’s use, or by the installation, use or removal of such property, regardless of fault or by whom such damage shall be caused caused, except to the extent caused by the negligence or willful conduct of Landlord, its agents, employees or contractors. Tenant waives any right to require Landlord to maintain, repair or rebuild all or any part of the Property or make repairs at the expense of Landlord pursuant to any Legal Requirements at any time in effect.

Appears in 1 contract

Samples: Master Lease Agreement (MedEquities Realty Trust, Inc.)

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Tenant Maintenance and Repair. Other than Tenant shall keep the responsibilities interior of Landlord pursuant to Section 11(a) above, Tenant shall, at all times during the Lease and at its own cost and expense, maintain the Premises and every part thereof, including the heatinginterior ceilings, plumbing and electrical systemsinterior walls, the roof structure, the exterior walls of the improvements (including the curtain wall system, windows, glassdoors, plate glass, doorsutility systems, meters, pipes, conduits, fixtures, electrical, plumbing, and front entries other mechanical systems that serve the Premises and are located inside the Premises, any or all of which are used by Tenant, in good working order and condition, including making repairs and replacements as necessary. Tenant agrees to be responsible for all of the janitorial costs in connection with maintenance of the interior Premises. Furthermore, Tenant also agrees to keep in good working order and condition and free of graffiti, all of Tenant’s signage, locks, closing devices, window sashes, window frames, door and door frames, located therein or outside of the Premises), and . Tenant may not overload the foundation of electrical wiring serving the improvements, and keep them in good condition and repair and Premises or within the Premises. Tenant shall use all reasonable precautions to prevent waste, damage, be responsible for any damage or injury to person or property caused by the condition or failure of mechanical, electrical, plumbing, any equipment or installation systems located in the interior of the Premises. For Tenant also agrees and consents to a periodic inspection by Landlord for the purposes purpose of determining Tenant’s compliance with this LeaseSection. Except in the event of an emergency, the term "exterior walls" will include the complete exterior envelope such inspection shall only be conducted during daytime business hours, shall not be disruptive of the improvementsTenant’s business operations, including without limitation the curtain wall system and all related enclosure and attachment systemsshall occur only after Landlord provides Tenant with no less than twenty-four (24) hours written notice. If Tenant shall provide for LEASE – UTMB- 000 XXXXXXX XXX#000000 – Doc# 3380565v1 its own janitorialfails to correct any unsafe, lawn maintenance and pest control services. Any repairs unclean, or replacements noncompliant condition within 48 hours after being notified in writing to do so by Landlord, then Landlord may enter the Premises shall be and remedy the condition or conditions, and charge the cost to Tenant, as Additional Rent, without any liability for any resulting business loss or damage, except that if a matter reasonably requires more than 48 hours to correct, Landlord's property upon installation right to enter and may not be removed by Tenant. Tenant's work, effect repairs and replacements provided in this Section shall be performed and installed free and clear of liens and encumbrances. arise where Tenant shall promptly replace any glass which may be broken fails to begin to correct the condition within such 48-hour period or damaged with glass of like kind or quality. Tenant shall surrender the Premises at the expiration of the Term or Renewal Term or at earlier termination, as applicable, in substantially the same condition as when received, with ordinary wear and tear and loss by casualty exceptedfails to diligently pursue such correction thereafter. In the event that any repairs or replacements by Tenant (a) require that a building permit or other governmental authorization be obtained and (b) have of an estimated cost exceeding Two Hundred and Fifty Thousand Dollars ($250,000.00) in construction cost excluding equipment and fixturesemergency, then the provisions in Section 12 that govern the requirements for Alterations shall govern the repairs and replacements, including, but not limited to, the provisions requiring Tenant to provide Landlord with plans and specifications for the improvements and making certain that the plans and specifications comply fully with all applicable laws, governmental regulations and building codes. Tenant will ensure that its repairs, replacements, and modifications to may immediately enter the Premises are compliant with applicable building to remedy any unsafe, unclean, or noncompliant condition and life safety codes, and agrees that all such undertakings will (i) not exceed charge the electrical wiring capacity standards; (ii) will not install any additional electrical wiring or plumbing in excess of the capacity cost to Tenant. Landlord shall notify Tenant of such systems, except in compliance with the provisions in Section 12(b) hereof; (iii) any such installation shall be at Tenant's sole cost and expense. In case Tenant requests such consent, Landlord's consent will not be unreasonably withheld, conditioned, or delayed, and will in any case be provided to Tenant no later than fifteen (15) Business Days after Tenant's written request. If Landlord fails to approve or disapprove such repairs, replacements or modifications within such 15-Business Day period, Landlord's consent and approval will be deemed to have been given. Tenant will repair with reasonable promptness at its own expense, any damage to the Premises caused by bringing into the Premises any property for Tenant's use, or by the installation, use or removal of such property, regardless of fault or by whom such damage shall be caused except to the extent caused by the negligence or willful conduct of Landlord, its agents, employees or contractorsemergency as soon as reasonably possible.

Appears in 1 contract

Samples: Lease Agreement

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