Common use of TENANT MAINTENANCE Clause in Contracts

TENANT MAINTENANCE. Tenant shall, at its sole cost and expense, keep and maintain the Premises (including appurtenances) and every part thereof in a good standard of maintenance and repair, or replacement, and in good and sanitary condition and repair. Tenant’s maintenance, repair and replacement responsibilities herein referred to include, but are not limited to, janitorization, all windows (interior and exterior), window frames, plate glass and glazing (destroyed by accident or act of third parties), truck doors, plumbing systems (such as water and drain lines, sinks, toilets, faucets, drains, showers and water fountains), electrical systems (such as panels, conduits, outlets, lighting fixtures, lamps, bulbs, tubes and ballasts), heating and air conditioning systems (such as compressors, fans, air handlers, ducts, mixing boxes, thermostats, time clocks, boilers, heaters, supply and return grills), structural elements and exterior surfaces of the Building, store fronts, roofs, downspouts, all interior improvements within the Premises including but not limited to wall coverings, window coverings, carpet, floor coverings, partitioning, ceilings, doors (both interior and exterior), including closing mechanisms, latches and locks, skylights (if any), automatic fire extinguishing systems, and elevators and all other interior improvements of any nature whatsoever, and all exterior improvements including but not limited to landscaping, sidewalks, driveways, parking lots including striping and sealing, sprinkler systems, lighting, ponds, fountains, waterways, and drains. Tenant shall be required to have the HVAC system serviced by a licensed HVAC contractor (approved by Landlord) at the earlier frequency of (a) the periodic servicing recommended by the manufacturer of such equipment in its written maintenance specifications or (b) semiannually throughout the Term of the Lease, and shall submit to Landlord copies of all related service reports within thirty (30) days of receipt and any repairs reports if requested by Landlord. Furthermore, Tenant shall inform Landlord in writing of the periodic service recommendations by the respective manufacturer within thirty (30) days of Tenant’s receipt of such information. Areas of excessive wear shall be replaced at Tenant’s sole expense upon Lease termination. Tenant hereby waives all rights under, and benefits of, Subsection 1 of Section 1932 and Section 1941 and 1942 of the California Civil Code and under any similar law, statute or ordinance now or hereafter in effect. Tenant understands and acknowledges that this Lease shall be deemed and construed to be a “triple net lease” and during the Initial Term, and any Extended Term(s), of this Lease Tenant shall pay Landlord, the Rent and other payments due hereunder, free of any charges, assessments, impositions, expenses or deductions of any kind and without abatement, deduction or setoff unless otherwise expressly provided in this Lease, and Landlord shall not be expected or required as a result of the relationship between Landlord and Tenant created by this Lease, to be obligated to make any payment to or on behalf of Tenant or be under any other obligation to Tenant hereunder except to the extent specifically provided in this Lease, and Tenant agrees to pay all costs and expenses of every kind which may arise or become due from Tenant under the provisions of this Lease during the Initial Term and any Extended Term(s). Except as expressly provided in this Lease or the Construction Agreement, Landlord shall not be liable and/or responsible under the provisions of this Lease for contributing any money for any maintenance, repairs and/or replacement of the Premises or any part thereof and as to the maintenance, repairs or replacement obligations of Tenant under this Lease, Tenant waives any and all rights it might otherwise have to assert that such expenditure is more appropriately a Landlord expenditure which should be treated as a capital expenditure and/or to be amortized as an item of Additional Rent hereunder. For example, if during the Lease Term (including any Extended Term(s)), a portion or the entire roof membrane and/or HVAC system needs to be repaired or replaced, such expenditure shall not be treated as a capital expenditure to be borne by Landlord, but rather Tenant shall be responsible, upon such occurrence, for bearing the entire cost for such repair and/or replacement. By placing their initials below, both parties acknowledge their understanding and their agreement with the provisions of this Paragraph 8. Initials: DWD Initials: JA Tenant Landlord

Appears in 2 contracts

Samples: Lease Agreement (Genitope Corp), Lease Agreement (Genitope Corp)

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TENANT MAINTENANCE. Tenant shall, shall at all times and at its sole cost and expense, keep keep, repair, replace and maintain the Premises (including appurtenances) and every part thereof in a good standard of maintenance good, clean and repairfirst-class condition; including (without limitation) janitorial services, or replacement, and in good and sanitary condition and repair. Tenant’s maintenance, repair and replacement responsibilities herein referred to include, but are not limited to, janitorizationgarbage collection, all windows (interior and exterior), window frames, plate glass and glazing (destroyed by Tenant, accident or act of third parties), truck doors, plumbing systems (such as including, without limitation, water and drain lines, sinks, toilets, faucets, drains, showers and water fountains), electrical systems (such as including, without limitation, panels, conduits, outlets, lighting fixtures, lamps, bulbs, tubes and ballasts), heating and air conditioning interior HVAC systems (such as compressorsincluding without limitation, fans, air handlers, all ducts, mixing boxes, thermostats, time clocks, boilers, heaters, supply and return grills), ; interior structural elements and exterior interior surfaces of the BuildingPremises, store fronts, roofs, downspouts, all interior improvements within the Premises including but not limited to wall coverings, window coverings, carpetcarpets, floor coverings, partitioning, ceilings, doors (both interior and exterior), including closing mechanisms, latches and latches, locks, skylights (if any)skylights, automatic fire alarm and extinguishing systemssystems and equipment, and elevators and all other interior improvements of any nature whatsoever, and all Tenant’s exterior improvements including but not limited to landscaping, sidewalks, driveways, parking lots including striping and sealing, sprinkler systems, lighting, pondssigns, fountains, waterways, waterways and drains. Tenant shall agrees to provide carpet xxxxxxx under all rolling personal property, and to be required to have the HVAC system serviced by a licensed HVAC contractor (approved by Landlord) at the earlier frequency of (a) the periodic servicing recommended by the manufacturer of such equipment in its written maintenance specifications or (b) semiannually throughout the Term responsible for wear and tear of the Lease, carpet caused by any rolling or other equipment if such wear and shall submit to Landlord copies of all related service reports within thirty (30) days of receipt tear exceeds that caused by normal foot traffic in surrounding areas; and any repairs reports if requested by Landlord. Furthermore, Tenant shall inform Landlord in writing of the periodic service recommendations by the respective manufacturer within thirty (30) days of Tenant’s receipt of such information. Areas areas of excessive carpet wear shall be replaced at Tenant’s sole expense upon Lease termination. Tenant hereby waives all rights under, and benefits of, Subsection 1 of Section 1932 and Section 1941 and 1942 of the California Civil Code and under any similar law, statute or ordinance now or hereafter in effect. In the event that any of the above maintenance or other responsibilities jointly apply to Tenant understands and acknowledges that this Lease other tenant(s) of Landlord, as where there is common usage with other tenant(s), such maintenance, responsibilities and charges therefor shall be deemed and construed to be a “triple net lease” and during the Initial Term, and any Extended Term(s), of this Lease Tenant shall pay Landlord, the Rent and other payments due hereunder, free of any charges, assessments, impositions, expenses or deductions of any kind and without abatement, deduction or setoff unless otherwise expressly provided in this Lease, and Landlord shall not be expected or required as a result of the relationship between Landlord and Tenant created by this Lease, to be obligated to make any payment to or on behalf of Tenant or be under any other obligation to Tenant hereunder except allocated to the extent specifically provided in this Lease, Premises by square footage or other equitable basis as calculated and Tenant agrees to pay all costs and expenses of every kind which may arise or become due from Tenant under the provisions of this Lease during the Initial Term and any Extended Term(s). Except as expressly provided in this Lease or the Construction Agreement, Landlord shall not be liable and/or responsible under the provisions of this Lease for contributing any money for any maintenance, repairs and/or replacement of the Premises or any part thereof and as to the maintenance, repairs or replacement obligations of Tenant under this Lease, Tenant waives any and all rights it might otherwise have to assert that such expenditure is more appropriately a Landlord expenditure which should be treated as a capital expenditure and/or to be amortized as an item of Additional Rent hereunder. For example, if during the Lease Term (including any Extended Term(s)), a portion or the entire roof membrane and/or HVAC system needs to be repaired or replaced, such expenditure shall not be treated as a capital expenditure to be borne determined solely by Landlord, but rather Tenant shall be responsible, upon such occurrence, for bearing the entire cost for such repair and/or replacement. By placing their initials below, both parties acknowledge their understanding and their agreement with the provisions of this Paragraph 8. Initials: DWD Initials: JA Tenant Landlord.

Appears in 2 contracts

Samples: Lease Agreement (Tintri, Inc.), Lease Agreement (Tintri, Inc.)

TENANT MAINTENANCE. Subject to Landlord's obligations as set forth in this Lease and to the amortization of capital items as set forth in Paragraph 11, Tenant shall, at its sole cost and expensecost, keep and maintain maintain, repair and replace, the Premises (including appurtenances) and appurtenances and every part thereof in a good standard of maintenance hereof, including but not limited to, the interior non-load bearing walls, the roof membrane, the sidewalks, the parking areas, the landscape areas, the elevator, the plumbing, electrical and repair, or replacementHVAC systems, and the Tenant Improvements in good and sanitary condition order, condition, and repair. Tenant’s maintenanceWith respect to the roof membrane, if Tenant is required to repair the membrane during the tenancy in a manner which extends the useful life of the roof membrane substantially beyond the length of the lease, a prorated amount reflecting this repair shall be credited to tenant. Notwithstanding the foregoing, Landlord shall repair and replacement responsibilities herein referred to includemaintain in good condition, but are not limited toat Landlord's sole cost, janitorization, all windows (interior and exterior), window frames, plate glass and glazing (destroyed by accident or act of third parties), truck doors, plumbing systems (such as water and drain lines, sinks, toilets, faucets, drains, showers and water fountains), electrical systems (such as panels, conduits, outlets, lighting fixtures, lamps, bulbs, tubes and ballasts), heating and air conditioning systems (such as compressors, fans, air handlers, ducts, mixing boxes, thermostats, time clocks, boilers, heaters, supply and return grills), the structural elements and exterior surfaces portions of the Building, store fronts, roofs, downspouts, Premises at all interior improvements within times during the Premises including but not limited to wall coverings, window coverings, carpet, floor coverings, partitioning, ceilings, doors (both interior and exterior)Lease Term, including closing mechanismsthe foundation, latches and locksexterior walls, skylights (if any), automatic fire extinguishing systemsload-bearing walls, and elevators and all other interior improvements of any nature whatsoever, and all exterior improvements including but not limited to landscaping, sidewalks, driveways, parking lots including striping and sealing, sprinkler systems, lighting, ponds, fountains, waterways, and drainsthe roof structure. Tenant shall be required to have the HVAC system serviced by provide Landlord with a licensed HVAC contractor (approved by Landlord) at the earlier frequency copy of service contracts between Tenant and (a) a licensed air-conditioning and heating contractor and (b) a licensed elevator maintenance contractor, which contracts shall provide for maintenance of the periodic servicing recommended HVAC and elevator equipment at such intervals as may be reasonably required by the manufacturer of such equipment. Subject to the obligations of Landlord hereunder and the amortization of capital items as set forth in Paragraph 11, Tenant shall pay the cost of all air-conditioning and heating equipment in its written repairs or replacements which are either excluded from such service contract or any existing equipment warranties. Tenant shall be responsible for the preventive maintenance specifications or of the roof membrane, which responsibility shall be deemed properly discharged if (a) Tenant contracts with a licensed roof contractor who is reasonably satisfactory to both Tenant and Landlord, at Tenant's sole cost, to inspect the roof membrane at least every Six (6) months, with the first inspection due Six (6) months after the Commencement Date, and (b) semiannually throughout Tenant performs, at Tenant's sole cost, all routine preventive maintenance recommendations made by such contractor within a reasonable time after such recommendations are made. Such preventive maintenance might include acts such as clearing storm gutters and drains, removing debris from the Term of roof membrane, trimming trees overhanging the Leaseroof membrane, applying coating materials to seal roof penetrations, repairing blisters, and shall submit to Landlord copies of all related service reports within thirty (30) days of receipt and any repairs reports if requested by other routine measures Upon Landlord. Furthermore's advance written request, Tenant shall inform provide to Landlord in writing of the periodic service recommendations by the respective manufacturer within thirty (30) days of Tenant’s receipt a copy of such informationpreventive maintenance contract and paid invoices for the recommended work for which Tenant is responsible. Areas Subject to Landlord's obligations hereunder and to the amortization of excessive wear shall be replaced capital items set forth below, Tenant agrees, at Tenant’s sole expense upon Lease termination. Tenant hereby waives all rights under, and benefits of, Subsection 1 of Section 1932 and Section 1941 and 1942 of the California Civil Code and under any similar law, statute or ordinance now or hereafter in effect. Tenant understands and acknowledges that this Lease shall be deemed and construed to be a “triple net lease” and during the Initial Term, and any Extended Term(s), of this Lease Tenant shall pay Landlord, the Rent and other payments due hereunder, free of any charges, assessments, impositions, expenses or deductions of any kind and without abatement, deduction or setoff unless otherwise expressly provided in this Lease, and Landlord shall not be expected or required as a result of the relationship between Landlord and Tenant created by this Leaseits expense, to be obligated to make water, maintain and replace, when necessary, any payment to or on behalf of Tenant or be under any other obligation to Tenant hereunder except to the extent specifically provided in this Lease, shrubbery and Tenant agrees to pay all costs and expenses of every kind which may arise or become due from Tenant under the provisions of this Lease during the Initial Term and any Extended Term(s). Except as expressly provided in this Lease or the Construction Agreement, Landlord shall not be liable and/or responsible under the provisions of this Lease for contributing any money for any maintenance, repairs and/or replacement of the Premises or any part thereof and as to the maintenance, repairs or replacement obligations of Tenant under this Lease, Tenant waives any and all rights it might otherwise have to assert that such expenditure is more appropriately a Landlord expenditure which should be treated as a capital expenditure and/or to be amortized as an item of Additional Rent hereunder. For example, if during the Lease Term (including any Extended Term(s)), a portion or the entire roof membrane and/or HVAC system needs to be repaired or replaced, such expenditure shall not be treated as a capital expenditure to be borne by Landlord, but rather Tenant shall be responsible, upon such occurrence, for bearing the entire cost for such repair and/or replacement. By placing their initials below, both parties acknowledge their understanding and their agreement with the provisions of this Paragraph 8. Initials: DWD Initials: JA Tenant Landlordlandscaping.

Appears in 1 contract

Samples: Lease Agreement (Integrated Telecom Express Inc/ Ca)

TENANT MAINTENANCE. Tenant shall, at its sole cost and expense, keep and maintain the Premises (including appurtenances) and every part thereof in a good high standard of maintenance and repair, or replacement, and in good and sanitary condition and repaircondition. Tenant’s maintenance, maintenance and repair and replacement responsibilities herein referred to include, but are not limited to, janitorization, all windows (interior and exterior), window frames, plate glass and glazing (destroyed by accident or act of third parties), truck doors, plumbing systems (such as water and drain lines, sinks, toilets, faucets, drains, showers and water fountains), electrical systems (such as panels, conduits, outlets, lighting fixtures, lamps, bulbs, tubes and ballasts), heating and air conditioning airconditioning systems (such as compressors, fans, air handlers, ducts, mixing boxes, thermostats, time clocks, boilers, heaters, supply and return grills), structural elements and exterior surfaces of the Buildingbuilding, store fronts, roofs, downspouts, all interior improvements within the Premises premises including but not limited to wall coverings, window coverings, carpet, floor coverings, partitioning, ceilings, doors (both interior and exterior), including closing mechanisms, latches and latches, locks, skylights (if any), automatic fire extinguishing systems, and elevators and all other interior improvements of any nature whatsoever, and all exterior improvements including but not limited to landscaping, sidewalks, driveways, parking lots including striping and sealing, sprinkler systems, lighting, ponds, fountains, waterways, and drains. Tenant shall agrees to provide carpet sxxxxxx under all rolling chairs or to otherwise be required to have the HVAC system serviced by a licensed HVAC contractor (approved by Landlord) at the earlier frequency of (a) the periodic servicing recommended by the manufacturer of such equipment in its written maintenance specifications or (b) semiannually throughout the Term responsible for wear and tear of the Lease, carpet caused by such rolling chairs if such wear and shall submit to Landlord copies of all related service reports within thirty (30) days of receipt and any repairs reports if requested tear exceeds that caused by Landlord. Furthermore, Tenant shall inform Landlord normal foot traffic in writing of the periodic service recommendations by the respective manufacturer within thirty (30) days of Tenant’s receipt of such informationsurrounding areas. Areas of excessive wear shall be replaced at Tenant’s sole expense upon Lease termination. Tenant hereby waives all rights under, and benefits of, Subsection 1 of Section 1932 and Section 1941 and 1942 of the California Civil Code and under any similar law, statute or ordinance now or hereafter in effect. Tenant understands In the event any of the above maintenance responsibilities apply to any other tenant(s) of Landlord where there is common usage with other tenant(s), such maintenance responsibilities and acknowledges that this Lease charges shall be deemed and construed to be a “triple net lease” and during the Initial Term, and any Extended Term(s), of this Lease Tenant shall pay Landlord, the Rent and other payments due hereunder, free of any charges, assessments, impositions, expenses or deductions of any kind and without abatement, deduction or setoff unless otherwise expressly provided in this Lease, and Landlord shall not be expected or required as a result of the relationship between Landlord and Tenant created by this Lease, to be obligated to make any payment to or on behalf of Tenant or be under any other obligation to Tenant hereunder except allocated to the extent specifically provided in this Lease, leased Premises by square footage or other equitable basis as calculated and Tenant agrees to pay all costs and expenses of every kind which may arise or become due from Tenant under the provisions of this Lease during the Initial Term and any Extended Term(s). Except as expressly provided in this Lease or the Construction Agreement, Landlord shall not be liable and/or responsible under the provisions of this Lease for contributing any money for any maintenance, repairs and/or replacement of the Premises or any part thereof and as to the maintenance, repairs or replacement obligations of Tenant under this Lease, Tenant waives any and all rights it might otherwise have to assert that such expenditure is more appropriately a Landlord expenditure which should be treated as a capital expenditure and/or to be amortized as an item of Additional Rent hereunder. For example, if during the Lease Term (including any Extended Term(s)), a portion or the entire roof membrane and/or HVAC system needs to be repaired or replaced, such expenditure shall not be treated as a capital expenditure to be borne determined by Landlord, but rather Tenant shall be responsible, upon such occurrence, for bearing the entire cost for such repair and/or replacement. By placing their initials below, both parties acknowledge their understanding and their agreement with the provisions of this See Paragraph 8. Initials: DWD Initials: JA Tenant Landlord53

Appears in 1 contract

Samples: Lease Agreement (Maxtor Corp)

TENANT MAINTENANCE. Tenant shall, at its sole cost and expense, keep and maintain the Premises (including appurtenances) and every part thereof in a good high standard of maintenance and repair, or replacement, and in good and sanitary condition condition. Subject to Landlord's maintenance of the Common Areas of the Building and repair. Parcel pursuant to Paragraph 11 below, Tenant’s maintenance, 's maintenance and repair and replacement responsibilities herein referred to include, but are not limited to, janitorization, all windows (interior and exterior), window frames, plate glass and glazing (destroyed by accident or act of third parties), truck doors, plumbing systems within the non-common areas of the Premises (such as water and drain lines, sinks, toilets, faucets, drains, showers and water fountains), electrical systems within the non-common areas of the Premises (such as panels, conduits, outlets, lighting fixtures, lamps, bulbs, tubes and tubes, ballasts), heating and air air-conditioning systems controls within the non-common areas of the Premises (such as compressors, fans, air handlers, ducts, mixing boxes, thermostats, time clocks, boilers, heaters, supply and return grills), structural elements non-common elevators (if any), and exterior surfaces of the Building, store fronts, roofs, downspouts, all interior improvements within the Premises including but not limited to to: wall coverings, window coverings, carpetacoustical ceilings, floor coveringsvinyl tile, carpeting, partitioning, ceilings, doors (both interior and exterior), including closing mechanisms, latches and latches, locks), skylights (if any), automatic fire extinguishing systems, and elevators and all other interior improvements of any nature whatsoever, and all exterior improvements including but not limited to landscaping, sidewalks, driveways, parking lots including striping and sealing, sprinkler systems, lighting, ponds, fountains, waterways, and drains. Tenant shall agrees to provide carpet xxxxxxx under all rolling chairs or to otherwise be required to have the HVAC system serviced by a licensed HVAC contractor (approved by Landlord) at the earlier frequency of (a) the periodic servicing recommended by the manufacturer of such equipment in its written maintenance specifications or (b) semiannually throughout the Term responsible for wear and tear of the Lease, carpet caused by such rolling chairs if such wear and shall submit to Landlord copies of all related service reports within thirty (30) days of receipt and any repairs reports if requested tear exceeds that caused by Landlord. Furthermore, Tenant shall inform Landlord normal foot traffic in writing of the periodic service recommendations by the respective manufacturer within thirty (30) days of Tenant’s receipt of such informationsurrounding areas. Areas of excessive wear shall be replaced at Tenant’s 's sole expense upon Lease termination. Tenant hereby waives all rights underhereunder, and benefits of, Subsection subsection 1 of Section 1932 and Section Sections 1941 and 1942 of the California Civil Code and under any similar law, statute or ordinance now or hereafter in effect. Tenant understands and acknowledges that this Lease shall be deemed and construed to be a “triple net lease” and during the Initial TermEXPENSES OF OPERATION, and any Extended Term(s)MANAGEMENT, of this Lease Tenant shall pay Landlord, the AND MAINTENANCE OF THE COMMON AREAS OF THE PARCEL AND BUILDING IN WHICH THE PREMISES ARE LOCATED. As Additional Rent and other payments due hereunder, free in accordance with Paragraph 4D of any charges, assessments, impositions, expenses or deductions of any kind and without abatement, deduction or setoff unless otherwise expressly provided in this Lease, and Landlord shall not be expected or required as a result of the relationship between Landlord and Tenant created by this Lease, to be obligated to make any payment to or on behalf of Tenant or be under any other obligation to Tenant hereunder except to the extent specifically provided in this Lease, and Tenant agrees to pay all costs and expenses of every kind which may arise or become due from Tenant under the provisions of this Lease during the Initial Term and any Extended Term(s). Except as expressly provided in this Lease or the Construction Agreement, Landlord shall not be liable and/or responsible under the provisions of this Lease for contributing any money for any maintenance, repairs and/or replacement of the Premises or any part thereof and as to the maintenance, repairs or replacement obligations of Tenant under this Lease, Tenant shall pay to Landlord Tenant's proportionate share (calculated on a square footage or other equitable basis as calculated by landlord) of all expenses of operation, management, maintenance and repair of the Common Areas of the Parcel including, but not limited to, license, permit, and inspection fees; security; utility charges associated with exterior landscaping and lighting (including water and sewer charges); all charges incurred in the maintenance and replacement of landscaped areas, lakes, parking lots and paved areas (including repairs, replacement, resealing and restriping), sidewalks, driveways, maintenance, repair and replacement of all fixtures and electrical, mechanical and plumbing systems; supplies, materials, equipment and tools; the cost of capital expenditures which have the effect of reducing operating expenses, provided, however, that in the event Landlord makes such capital improvements, Landlord may amortize its investment in said improvements (together with interest at the rate of fifteen (15%) percent per annum on the unamortized balance) as an operating expense in accordance with standard accounting practices, provided, that such amortization is not at a rate greater than the anticipated savings in the operating expenses. As Additional Rent and in accordance with Paragraph 4D of this Lease, Tenant shall pay its proportionate share (calculated on a square footage or other equitable basis as calculated by Landlord) of the cost of operation (including common utilities), management, maintenance, and repair of the building (including structural and common areas such as lobbies, restrooms, janitor's closets, hallways, elevators, mechanical and telephone rooms, stairwells, entrances, spaces above the ceilings and janitorization of said common areas) in which the Premises are located. The maintenance items herein referred to include, but are not limited to, all windows, window frames, plate glass, glazing, truck doors, main plumbing systems of the building (such as water drain lines, sinks, toilets, faucets, drains, showers and water fountains), main electrical systems (such as panels and conduits), heating and air-conditioning systems (such as compressors, fans, air handlers, ducts, boilers, heaters), structural elements and exterior surfaces of the building; store fronts, roof, downspouts, building common area interiors (such as wall coverings, window coverings, floor coverings and partitioning), ceilings, building exterior doors, skylights (if any), automatic fire extinguishing systems, and elevators (if any); license, permit and inspection fees; security, supplies, materials, equipment and tools; the cost of capital expenditures which have the effect of reducing operating expenses, provided, however, that in the event Landlord makes such capital improvements, Landlord may amortize its investment in said improvements (together with interest at the rate of fifteen (15%) percent per annum on the unamortized balance) as an operating expense in accordance with standard accounting practices, provided, that such amortization is not at a rate greater than the anticipated savings in the operating expenses. Tenant hereby waives any and all rights it might otherwise have to assert that such expenditure is more appropriately a Landlord expenditure which should be treated as a capital expenditure and/or to be amortized as an item hereunder, and benefits of, subsection 1 of Additional Rent hereunder. For exampleSection 1932 and Sections 1941 and 1942 of the California Civil Code and under any similar law, if during the Lease Term (including any Extended Term(s)), a portion statute or the entire roof membrane and/or HVAC system needs to be repaired ordinance now or replaced, such expenditure shall not be treated as a capital expenditure to be borne by Landlord, but rather Tenant shall be responsible, upon such occurrence, for bearing the entire cost for such repair and/or replacement. By placing their initials below, both parties acknowledge their understanding and their agreement with the provisions of this Paragraph 8. Initials: DWD Initials: JA Tenant Landlordhereafter in effect.

Appears in 1 contract

Samples: Lease Agreement (Protein Design Labs Inc/De)

TENANT MAINTENANCE. Tenant shall, at its sole cost and expense, keep and maintain the non-common areas of the Premises (including appurtenances) and every part thereof in a good high standard of maintenance and repair, or replacement, and in good and sanitary condition and repaircondition. Tenant’s maintenance, repair and replacement responsibilities herein referred to include, but are not limited to, janitorization, all windows (interior and exterior), window frames, plate glass and glazing (destroyed by accident or act of third parties), truck doors, plumbing systems within the non-common areas of the Premises (such as water and drain lines, sinks, toilets, faucets, drains, showers and water fountains), electrical systems within the non-common areas of the Premises (such as panels, conduits, outlets, lighting fixtures, lamps, bulbs, tubes and tubes, ballasts), heating and air air-conditioning systems and controls within the non-common areas of the Premises (such as compressors, fans, air handlers, ducts, mixing boxes, thermostats, time clocks, boilers, heaters, supply and return grills), structural elements non-common elevators (if any), and exterior surfaces of the Building, store fronts, roofs, downspouts, all interior improvements within the Premises including but not limited to to: wall coverings, window coverings, carpetacoustical ceilings, floor coveringsvinyl tile, carpeting, partitioning, ceilings, doors (both interior and exterior), including closing mechanisms, latches and locks), skylights (if any), automatic fire extinguishing systems, and elevators and all other interior improvements of any nature whatsoever, and all exterior improvements including but not limited to landscaping, sidewalks, driveways, parking lots including striping and sealing, sprinkler systems, lighting, ponds, fountains, waterways, and drains. Tenant shall be required agrees to have the HVAC system exclusively servicing Tenant’s Premises, if any, inspected and serviced by a licensed HVAC contractor (reasonably approved by Landlord) at the earlier frequency Landlord on a quarterly basis and timely have all recommended repairs and replacements made and Tenant shall provide copies of (a) the periodic servicing recommended by the manufacturer of such equipment in its written maintenance specifications or (b) semiannually throughout the Term of the Lease, said inspection and shall submit repair reports to Landlord copies of all related service reports within thirty (30) days of receipt and any repairs reports if requested by Landlord. Furthermore, Tenant shall inform Landlord in writing of the periodic service recommendations by the respective manufacturer within thirty (30) days of Tenant’s receipt of the same. Tenant agrees to provide carpet xxxxxxx under all rolling chairs or to otherwise be responsible for wear and tear of the carpet caused by such informationrolling chairs if such wear and tear exceeds that caused by normal foot traffic in surrounding Multi Tenant/Single Parcel Page 12 of 43 BUILDING: Ardenwood I-4 PROPERTY: 1-0514 UNIT: 1 LEASE ID: 0514-WAFE01-01 areas. Areas of excessive wear shall be replaced at Tenant’s sole expense upon Lease termination. Tenant hereby waives all rights underhereunder, and benefits of, Subsection subsection 1 of Section 1932 and Section Sections 1941 and 1942 of the California Civil Code and under any similar law, statute or ordinance now or hereafter in effect. Tenant understands and acknowledges that this Lease shall be deemed and construed to be a “triple net lease” and during the Initial Term, and any Extended Term(s), of this Lease Tenant shall pay Landlord, the Rent and other payments due hereunder, free of any charges, assessments, impositions, expenses or deductions of any kind and without abatement, deduction or setoff unless otherwise expressly provided in this Lease, and Landlord shall not be expected or required as a result of the relationship between Landlord and Tenant created by this Lease, to be obligated to make any payment to or on behalf of Tenant or be under any other obligation to Tenant hereunder except to the extent specifically provided in this Lease, and Tenant agrees to pay all costs and expenses of every kind which may arise or become due from Tenant under the provisions of this Lease during the Initial Term and any Extended Term(s). Except as expressly provided in this Lease or the Construction Agreement, Landlord shall not be liable and/or responsible under the provisions of this Lease for contributing any money for any maintenance, repairs and/or replacement of the Premises or any part thereof and as to the maintenance, repairs or replacement obligations of Tenant under this Lease, Tenant waives any and all rights it might otherwise have to assert that such expenditure is more appropriately a Landlord expenditure which should be treated as a capital expenditure and/or to be amortized as an item of Additional Rent hereunder. For example, if during the Lease Term (including any Extended Term(s)), a portion or the entire roof membrane and/or HVAC system needs to be repaired or replaced, such expenditure shall not be treated as a capital expenditure to be borne by Landlord, but rather Tenant shall be responsible, upon such occurrence, for bearing the entire cost for such repair and/or replacement. By placing their initials below, both parties acknowledge their understanding and their agreement with the provisions of this Paragraph 8. Initials: DWD Initials: JA Tenant Landlord.

Appears in 1 contract

Samples: Lease Agreement (WaferGen Bio-Systems, Inc.)

TENANT MAINTENANCE. Subject to Lease Paragraph 45 ("MAINTENANCE OF THE PREMISES"), Tenant shall, at its sole cost and expense, keep and maintain the Premises (including appurtenances) and every part thereof in a good high standard of maintenance and repair, or replacement, and in good and sanitary condition and repaircondition. Tenant’s maintenance, 's maintenance and repair and replacement responsibilities herein referred to include, but are not limited to, janitorization, all windows (interior and exterior), window frames, plate glass and glazing (destroyed by accident or act of third parties), truck doors, plumbing systems (such as water and drain lines, sinks, toilets, faucets, drains, showers and water fountains), electrical systems (such as panels, conduits, outlets, lighting fixtures, lamps, bulbs, tubes and ballasts), heating and air conditioning airconditioning systems (such as compressors, fans, air handlers, ducts, mixing boxes, thermostats, time clocks, boilers, heaters, supply and return grills), structural elements and exterior surfaces of the Building, store fronts, roofs, downspouts, all interior improvements within the Premises including but not limited to wall coverings, window coverings, carpet, floor coverings, partitioning, ceilings, doors (both interior and exterior), including closing mechanisms, latches and latches, locks, skylights (if any), automatic fire extinguishing systems, and elevators and all other interior improvements of any nature whatsoever, and all exterior improvements including but not limited to landscaping, sidewalks, driveways, parking lots including striping and sealing, sprinkler systems, lighting, ponds, fountains, waterways, and drains. Tenant shall agrees to provide carpet xxxxxxx under all rolling chairs or to otherwise be required to have the HVAC system serviced by a licensed HVAC contractor (approved by Landlord) at the earlier frequency of (a) the periodic servicing recommended by the manufacturer of such equipment in its written maintenance specifications or (b) semiannually throughout the Term responsible for wear and tear of the Lease, carpet caused by such rolling chairs if such wear and shall submit to Landlord copies of all related service reports within thirty (30) days of receipt and any repairs reports if requested tear exceeds that caused by Landlord. Furthermore, Tenant shall inform Landlord normal foot traffic in writing of the periodic service recommendations by the respective manufacturer within thirty (30) days of Tenant’s receipt of such informationsurrounding areas. Areas of excessive wear shall be replaced at Tenant’s 's sole expense upon Lease termination. Tenant hereby waives all rights under, and benefits of, Subsection 1 I of Section 1932 and Section 1941 and 1942 of the California Civil Code and under any similar law, statute or ordinance now or hereafter in effect. Tenant understands In the event any of the above maintenance responsibilities apply to any other tenant(s) of Landlord where there is common usage with other tenant(s), such maintenance responsibilities and acknowledges that this Lease charges shall be deemed and construed to be a “triple net lease” and during the Initial Term, and any Extended Term(s), of this Lease Tenant shall pay Landlord, the Rent and other payments due hereunder, free of any charges, assessments, impositions, expenses or deductions of any kind and without abatement, deduction or setoff unless otherwise expressly provided in this Lease, and Landlord shall not be expected or required as a result of the relationship between Landlord and Tenant created by this Lease, to be obligated to make any payment to or on behalf of Tenant or be under any other obligation to Tenant hereunder except allocated to the extent specifically provided in this Lease, Leased Premises by square footage or other equitable basis as calculated and Tenant agrees to pay all costs and expenses of every kind which may arise or become due from Tenant under the provisions of this Lease during the Initial Term and any Extended Term(s). Except as expressly provided in this Lease or the Construction Agreement, Landlord shall not be liable and/or responsible under the provisions of this Lease for contributing any money for any maintenance, repairs and/or replacement of the Premises or any part thereof and as to the maintenance, repairs or replacement obligations of Tenant under this Lease, Tenant waives any and all rights it might otherwise have to assert that such expenditure is more appropriately a Landlord expenditure which should be treated as a capital expenditure and/or to be amortized as an item of Additional Rent hereunder. For example, if during the Lease Term (including any Extended Term(s)), a portion or the entire roof membrane and/or HVAC system needs to be repaired or replaced, such expenditure shall not be treated as a capital expenditure to be borne determined by Landlord, but rather Tenant shall be responsible, upon such occurrence, for bearing the entire cost for such repair and/or replacement. By placing their initials below, both parties acknowledge their understanding and their agreement with the provisions of this Paragraph 8. Initials: DWD Initials: JA Tenant Landlord."

Appears in 1 contract

Samples: Sublease Agreement (Integrated Telecom Express Inc/ Ca)

TENANT MAINTENANCE. Tenant shall, shall at all times and at its sole cost and expense, keep keep, repair, replace and maintain the Premises (including appurtenances) and every part thereof in a good standard of maintenance good, clean and repairfirst-class condition; including (without limitation) janitorial, or replacement, and in good and sanitary condition and repair. Tenant’s maintenance, repair and replacement responsibilities herein referred to include, but are not limited to, janitorizationgarbage collection, all windows (interior and exterior), window frames, plate glass and glazing (destroyed by Tenant, accident or act of third parties), truck doors, plumbing systems (such as including, without limitation, water and drain lines, sinks, toilets, faucets, drains, showers and water fountains), electrical systems (such as including, without limitation, panels, conduits, outlets, lighting fixtures, lamps, bulbs, tubes and ballasts), heating and air conditioning systems (such as including, without limitation, compressors, fans, air handlers, ducts, mixing boxes, thermostats, time clocks, boilers, heaters, supply and return grills) which shall at least quarterly be fully serviced and repaired by a reputable and licensed HVAC service firm (previously approved in writing by Landlord), and a copy of each such service report shall be sent to Landlord immediately after each such service; structural elements and exterior interior surfaces of the BuildingPremises, store fronts, roofs, downspoutsroof membranes, all interior improvements within the Premises including but not limited to down spouts, wall coverings, window coverings, carpet, floor coverings, partitioning, ceilings, doors (both interior and exterior), including closing mechanisms, latches and latches, locks, skylights (if any), automatic fire alarm and extinguishing systemssystems and equipment, and elevators (if any) and all other interior improvements of any nature whatsoever, and all exterior improvements adjacent to or surrounding the Premises, including but not limited to landscapinglandscaping areas, sidewalks, driveways, parking lots including striping plants and sealingtrees, sprinkler systems, lighting, pondssigns, fountains, waterways, waterways and drains. Tenant shall agrees to provide carpet xxxxxxx under all rolling personal property, and to be required to have the HVAC system serviced by a licensed HVAC contractor (approved by Landlord) at the earlier frequency of (a) the periodic servicing recommended by the manufacturer of such equipment in its written maintenance specifications or (b) semiannually throughout the Term responsible for wear and tear of the Lease, carpet caused by any rolling or other equipment if such wear and shall submit to Landlord copies of all related service reports within thirty (30) days of receipt tear exceeds that caused by normal foot traffic in surrounding areas; and any repairs reports if requested by Landlord. Furthermore, Tenant shall inform Landlord in writing of the periodic service recommendations by the respective manufacturer within thirty (30) days of Tenant’s receipt of such information. Areas areas of excessive carpet wear shall be replaced at Tenant’s sole expense upon Lease termination. Tenant hereby waives all rights under, and benefits of, Subsection 1 1. of Section 1932 and Section 1941 and 1942 of the California Civil Code and under any similar law, statute or ordinance now or hereafter in effect. In the event that any of the above maintenance or other responsibilities jointly apply to Tenant understands and acknowledges that this Lease other tenant(s) of Landlord, as where there is common usage with other tenant(s), such maintenance, responsibilities and charges therefor shall be deemed and construed to be a “triple net lease” and during the Initial Term, and any Extended Term(s), of this Lease Tenant shall pay Landlord, the Rent and other payments due hereunder, free of any charges, assessments, impositions, expenses or deductions of any kind and without abatement, deduction or setoff unless otherwise expressly provided in this Lease, and Landlord shall not be expected or required as a result of the relationship between Landlord and Tenant created by this Lease, to be obligated to make any payment to or on behalf of Tenant or be under any other obligation to Tenant hereunder except allocated to the extent specifically provided in this Lease, Premises by square footage or other equitable basis as calculated and Tenant agrees to pay all costs and expenses of every kind which may arise or become due from Tenant under the provisions of this Lease during the Initial Term and any Extended Term(s). Except as expressly provided in this Lease or the Construction Agreement, Landlord shall not be liable and/or responsible under the provisions of this Lease for contributing any money for any maintenance, repairs and/or replacement of the Premises or any part thereof and as to the maintenance, repairs or replacement obligations of Tenant under this Lease, Tenant waives any and all rights it might otherwise have to assert that such expenditure is more appropriately a Landlord expenditure which should be treated as a capital expenditure and/or to be amortized as an item of Additional Rent hereunder. For example, if during the Lease Term (including any Extended Term(s)), a portion or the entire roof membrane and/or HVAC system needs to be repaired or replaced, such expenditure shall not be treated as a capital expenditure to be borne determined solely by Landlord, but rather Tenant shall be responsible, upon such occurrence, for bearing the entire cost for such repair and/or replacement. By placing their initials below, both parties acknowledge their understanding and their agreement with the provisions of this Paragraph 8. Initials: DWD Initials: JA Tenant Landlord.

Appears in 1 contract

Samples: Lease Agreement (Advanced Analogic Technologies Inc)

TENANT MAINTENANCE. Except for the maintenance of any Common Area as provided for in Paragraph 49A, Tenant shall, at its sole cost and expense, keep and maintain the Premises (including appurtenances) and every part thereof thereto in a good high standard of maintenance and repair, or replacement, and in good and sanitary condition and repaircondition. Tenant’s maintenance, 's maintenance and repair and replacement responsibilities herein referred to include, but are not limited to, janitorization, all windows (interior and exterior)windows, window frames, plate glass and glazing (destroyed by accident or act of third parties)glass, glazing, truck doors, plumbing systems (such as water and drain lines, sinks, toilets, faucets, drains, showers and water fountains), electrical systems (such as panels, conduits, outlets, lighting fixtures, lamps, bulbs, tubes and tubes, ballasts), heating and air air-conditioning systems (such as compressors, fans, air handlers, ducts, mixing boxes, thermostats, time clocks, boilers, heaters, supply and return grills), structural elements and exterior surfaces of the Building, store fronts, roofs, roof membrane downspouts, all interior improvements within the Premises premises including but not limited to wall coverings, window coverings, carpet, floor coverings, partitioning, ceilings, doors (both interior and exterior), including closing mechanismsmechanism, latches and latches, locks, skylights (if any), automatic fire extinguishing systems, and elevators and all other interior improvements of any nature whatsoever, and all exterior improvements including but not limited to landscaping, sidewalks, driveways, parking lots including striping and sealing, sprinkler systems, lighting, ponds, fountains, waterways, and drains. Tenant shall agrees to provide carpet shiexxx xxxer all rolling chairs or to otherwise be required to have the HVAC system serviced by a licensed HVAC contractor (approved by Landlord) at the earlier frequency of (a) the periodic servicing recommended by the manufacturer of such equipment in its written maintenance specifications or (b) semiannually throughout the Term responsible for wear and tear of the Lease, carpet caused by such rolling chairs if such wear and shall submit to Landlord copies of all related service reports within thirty (30) days of receipt and any repairs reports if requested tear exceeds that caused by Landlord. Furthermore, Tenant shall inform Landlord normal foot traffic in writing of the periodic service recommendations by the respective manufacturer within thirty (30) days of Tenant’s receipt of such informationsurrounding areas. Areas of excessive wear shall be replaced at Tenant’s 's sole expense upon Lease termination. Tenant hereby waives all rights under, and benefits of, Subsection subsection 1 of Section 1932 and Section 1941 and 1942 of the California Civil Code and under any similar law, statute or ordinance now or hereafter in effect. Tenant understands and acknowledges that this Lease shall be deemed and construed to be a “triple net lease” and during the Initial Term, and any Extended Term(s), of this Lease Tenant shall pay Landlord, the Rent and other payments due hereunder, free of any charges, assessments, impositions, expenses or deductions of any kind and without abatement, deduction or setoff unless otherwise expressly provided in this Lease, and Landlord shall not be expected or required as a result of the relationship between Landlord and Tenant created by this Lease, to be obligated to make any payment to or on behalf of Tenant or be under any other obligation to Tenant hereunder except to the extent specifically provided in this Lease, and Tenant agrees to pay all costs and expenses of every kind which may arise or become due from Tenant under the provisions of this Lease during the Initial Term and any Extended Term(s). Except as expressly provided in this Lease or the Construction Agreement, Landlord shall not be liable and/or responsible under the provisions of this Lease for contributing any money for any maintenance, repairs and/or replacement of the Premises or any part thereof and as to the maintenance, repairs or replacement obligations of Tenant under this Lease, Tenant waives any and all rights it might otherwise have to assert that such expenditure is more appropriately a Landlord expenditure which should be treated as a capital expenditure and/or to be amortized as an item of Additional Rent hereunder. For example, if during the Lease Term (including any Extended Term(s)), a portion or the entire roof membrane and/or HVAC system needs to be repaired or replaced, such expenditure shall not be treated as a capital expenditure to be borne by Landlord, but rather Tenant shall be responsible, upon such occurrence, for bearing the entire cost for such repair and/or replacement. By placing their initials below, both parties acknowledge their understanding and their agreement with the provisions of this See Paragraph 8. Initials: DWD Initials: JA Tenant Landlord53.

Appears in 1 contract

Samples: Lease Agreement (Transmeta Corp)

TENANT MAINTENANCE. Tenant shall, at its sole cost and expense, keep and maintain the Premises (including appurtenances) and every part thereof in a good high standard of maintenance and repair, or replacement, and in good and sanitary condition and repaircondition. Tenant’s maintenance, 's maintenance and repair and replacement responsibilities herein referred to include, but are not limited to, janitorization, all windows (interior and exterior), window frames, plate glass and glazing (destroyed by accident or act of third parties), truck doors, plumbing systems (such as water and drain lines, sinks, toilets, faucets, drains, showers and water fountains), electrical systems (such as panels, conduits, outlets, lighting fixtures, lamps, bulbs, tubes and ballasts), heating and air conditioning systems (such as compressors, fans, air handlers, ducts, mixing boxes, thermostats, time clocks, boilers, heaters, supply and return grills), structural elements and exterior surfaces of the Buildingbuilding, store fronts, roofs, downspouts, all interior improvements within the Premises including but not limited to wall coverings, window coverings, carpet, floor coverings, partitioning, ceilings, doors (both interior and exterior), including closing mechanisms, latches and latches, locks, skylights (if any), automatic fire extinguishing systems, and elevators and all other interior improvements of any nature whatsoever, and all exterior improvements including but not limited to landscaping, sidewalks, driveways, parking lots including striping and sealing, sprinkler systems, lighting, ponds, fountains, waterways, and drains. Tenant shall agrees to provide carpet xxxxxxx under all rolling chairs or to otherwise be required to have the HVAC system serviced by a licensed HVAC contractor (approved by Landlord) at the earlier frequency of (a) the periodic servicing recommended by the manufacturer of such equipment in its written maintenance specifications or (b) semiannually throughout the Term responsible for wear and tear of the Lease, carpet caused by such rolling chairs if such wear and shall submit to Landlord copies of all related service reports within thirty (30) days of receipt and any repairs reports if requested tear exceeds that caused by Landlord. Furthermore, Tenant shall inform Landlord normal foot traffic in writing of the periodic service recommendations by the respective manufacturer within thirty (30) days of Tenant’s receipt of such informationsurrounding areas. Areas of excessive wear shall be replaced at Tenant’s 's sole expense upon Lease termination. Tenant hereby waives all rights under, and benefits of, Subsection 1 of Section 1932 and Section 1941 and 1942 of the California Civil Code and under any similar law, statute or ordinance now or hereafter in effect. Tenant understands In the event any of the above maintenance responsibilities apply to any other tenant(s) of Landlord where there is common usage with other tenant(s), such maintenance responsibilities and acknowledges that this Lease charges shall be deemed and construed to be a “triple net lease” and during the Initial Term, and any Extended Term(s), of this Lease Tenant shall pay Landlord, the Rent and other payments due hereunder, free of any charges, assessments, impositions, expenses or deductions of any kind and without abatement, deduction or setoff unless otherwise expressly provided in this Lease, and Landlord shall not be expected or required as a result of the relationship between Landlord and Tenant created by this Lease, to be obligated to make any payment to or on behalf of Tenant or be under any other obligation to Tenant hereunder except allocated to the extent specifically provided in this Lease, Leased Premises by square footage or other equitable basis as calculated and Tenant agrees to pay all costs and expenses of every kind which may arise or become due from Tenant under the provisions of this Lease during the Initial Term and any Extended Term(s). Except as expressly provided in this Lease or the Construction Agreement, Landlord shall not be liable and/or responsible under the provisions of this Lease for contributing any money for any maintenance, repairs and/or replacement of the Premises or any part thereof and as to the maintenance, repairs or replacement obligations of Tenant under this Lease, Tenant waives any and all rights it might otherwise have to assert that such expenditure is more appropriately a Landlord expenditure which should be treated as a capital expenditure and/or to be amortized as an item of Additional Rent hereunder. For example, if during the Lease Term (including any Extended Term(s)), a portion or the entire roof membrane and/or HVAC system needs to be repaired or replaced, such expenditure shall not be treated as a capital expenditure to be borne determined by Landlord, but rather Tenant shall be responsible, upon such occurrence, for bearing the entire cost for such repair and/or replacement. By placing their initials below, both parties acknowledge their understanding and their agreement with the provisions of this Paragraph 8. Initials: DWD Initials: JA Tenant Landlord."

Appears in 1 contract

Samples: Lease Agreement (Replaytv Inc)

TENANT MAINTENANCE. Tenant shall, at its sole cost and expense, keep and maintain the Premises (including appurtenances) and every part thereof in a good high standard of maintenance and repair, or replacement, and in good and sanitary condition and repaircondition. Tenant’s maintenance, 's maintenance and repair and replacement responsibilities herein referred to include, but are not limited to, janitorization, all windows (interior and exterior), window frames, plate glass and glazing (destroyed by accident or act of third parties), truck doors, plumbing systems (such as water and drain lines, sinks, toilets, faucets, drains, drains showers and water fountains), electrical systems (such as panels, conduits, outlets, lighting fixtures, lamps, bulbs, tubes and ballasts), heating and air conditioning systems (such as compressors, fans, air handlers, ducts, mixing boxes, thermostats, time clocks, boilers, heaters, supply and return grills), structural elements and exterior surfaces of the Buildingbuilding, store fronts, roofs, downspouts, all interior improvements within the Premises premises including but not limited to wall coverings, window coverings, carpet, floor coverings, partitioning, ceilings, doors (both interior and exterior), including closing mechanisms, latches and latches, locks, skylights (if any), automatic fire extinguishing systems, and elevators and all other interior improvements of any nature whatsoever, and all exterior improvements including but not limited to landscaping, sidewalks, driveways, parking lots including striping and sealing, sprinkler systems, lighting, ponds, fountains, waterways, and drains. Tenant shall agrees to provide carpet shiexxx xxxer all rolling chairs or to otherwise be required to have the HVAC system serviced by a licensed HVAC contractor (approved by Landlord) at the earlier frequency of (a) the periodic servicing recommended by the manufacturer of such equipment in its written maintenance specifications or (b) semiannually throughout the Term responsible for wear and tear of the Lease, carpet caused by such rolling chairs if such wear and shall submit to Landlord copies of all related service reports within thirty (30) days of receipt and any repairs reports if requested tear exceeds that caused by Landlord. Furthermore, Tenant shall inform Landlord normal foot traffic in writing of the periodic service recommendations by the respective manufacturer within thirty (30) days of Tenant’s receipt of such informationsurrounding areas. Areas of excessive wear and tear shall be replaced at Tenant’s 's sole expense upon Lease termination. Tenant hereby waives all rights under, and benefits of, Subsection 1 of Section 1932 and Section 1941 and 1942 of the California Civil Code and under any similar law, statute or ordinance now or hereafter in effect. Tenant understands In the event any of the above maintenance responsibilities apply to any other tenant(s) of Landlord where there is common usage with other tenant(s), such maintenance responsibilities and acknowledges that this Lease charges shall be deemed and construed to be a “triple net lease” and during the Initial Term, and any Extended Term(s), of this Lease Tenant shall pay Landlord, the Rent and other payments due hereunder, free of any charges, assessments, impositions, expenses or deductions of any kind and without abatement, deduction or setoff unless otherwise expressly provided in this Lease, and Landlord shall not be expected or required as a result of the relationship between Landlord and Tenant created by this Lease, to be obligated to make any payment to or on behalf of Tenant or be under any other obligation to Tenant hereunder except allocated to the extent specifically provided in this Lease, leased Premises by square footage or other equitable basis as calculated and Tenant agrees to pay all costs and expenses of every kind which may arise or become due from Tenant under the provisions of this Lease during the Initial Term and any Extended Term(s). Except as expressly provided in this Lease or the Construction Agreement, Landlord shall not be liable and/or responsible under the provisions of this Lease for contributing any money for any maintenance, repairs and/or replacement of the Premises or any part thereof and as to the maintenance, repairs or replacement obligations of Tenant under this Lease, Tenant waives any and all rights it might otherwise have to assert that such expenditure is more appropriately a Landlord expenditure which should be treated as a capital expenditure and/or to be amortized as an item of Additional Rent hereunder. For example, if during the Lease Term (including any Extended Term(s)), a portion or the entire roof membrane and/or HVAC system needs to be repaired or replaced, such expenditure shall not be treated as a capital expenditure to be borne determined by Landlord, but rather Tenant shall be responsible, upon such occurrence, for bearing the entire cost for such repair and/or replacement. By placing their initials below, both parties acknowledge their understanding and their agreement with the provisions of this Paragraph 8. Initials: DWD Initials: JA Tenant Landlord.

Appears in 1 contract

Samples: Lease Agreement (American Multiplexer Corp)

TENANT MAINTENANCE. Tenant Landlord shall, at its sole cost and expense, keep and maintain the Premises (including appurtenances) and every part thereof in a good high standard of maintenance and repair, or replacement, and in good and sanitary condition and repaircondition. Tenant’s maintenancemaintenance and, repair and replacement responsibilities herein referred to include, but are not limited to, janitorization, all windows (interior and exterior), window frames, plate glass and glazing (destroyed by accident or act of third parties), truck doors, plumbing systems (such as water and drain lines, sinks, toilets, faucets, drains, drains showers and water fountains), electrical systems (such as panels, conduits, outlets, lighting fixtures, lamps, bulbs, tubes and ballasts), heating and air conditioning systems (such as compressors, fans, air handlers, ducts, mixing boxes, thermostats, time clocks, boilers, heaters, supply and return grills), structural elements and exterior surfaces of the Buildingbuilding, store fronts, roofs, downspouts, ,. all interior improvements within the Premises premises including but not limited to wall coverings, window coverings, carpet, floor coverings, partitioning, ceilings, doors (both interior and exterior), including closing mechanisms, latches and latches, locks, skylights (if any), automatic fire extinguishing systems, and elevators and all other interior improvements of any nature whatsoever, and all exterior improvements including but not limited to landscaping, sidewalks, driveways, parking lots including striping and sealing, sprinkler systems, lighting, ponds, fountains, waterways, and drains. Tenant shall agrees to provide carpet xxxxxxx under all rolling chairs or to otherwise be required to have the HVAC system serviced by a licensed HVAC contractor (approved by Landlord) at the earlier frequency of (a) the periodic servicing recommended by the manufacturer of such equipment in its written maintenance specifications or (b) semiannually throughout the Term responsible for wear and tear of the Lease, carpet caused by such rolling chairs if such wear and shall submit to Landlord copies of all related service reports within thirty (30) days of receipt and any repairs reports if requested tear exceeds that caused by Landlord. Furthermore, Tenant shall inform Landlord normal foot traffic in writing of the periodic service recommendations by the respective manufacturer within thirty (30) days of Tenant’s receipt of such informationsurrounding areas. Areas of excessive wear and tear shall be replaced at Tenant’s sole expense upon Lease termination. Tenant hereby waives all rights under, and benefits of, Subsection 1 of Section 1932 and Section 1941 and 1942 of the California Civil Code and under any similar law, statute or ordinance now or hereafter in effect. Tenant understands In the event any of the above maintenance responsibilities apply to any other tenant(s) of Landlord where there is common usage with other tenant(s), such maintenance responsibilities and acknowledges that this Lease charges shall be deemed and construed to be a “triple net lease” and during the Initial Term, and any Extended Term(s), of this Lease Tenant shall pay Landlord, the Rent and other payments due hereunder, free of any charges, assessments, impositions, expenses or deductions of any kind and without abatement, deduction or setoff unless otherwise expressly provided in this Lease, and Landlord shall not be expected or required as a result of the relationship between Landlord and Tenant created by this Lease, to be obligated to make any payment to or on behalf of Tenant or be under any other obligation to Tenant hereunder except allocated to the extent specifically provided in this Lease, leased Premises by square footage or other equitable basis as calculated and Tenant agrees to pay all costs and expenses of every kind which may arise or become due from Tenant under the provisions of this Lease during the Initial Term and any Extended Term(s). Except as expressly provided in this Lease or the Construction Agreement, Landlord shall not be liable and/or responsible under the provisions of this Lease for contributing any money for any maintenance, repairs and/or replacement of the Premises or any part thereof and as to the maintenance, repairs or replacement obligations of Tenant under this Lease, Tenant waives any and all rights it might otherwise have to assert that such expenditure is more appropriately a Landlord expenditure which should be treated as a capital expenditure and/or to be amortized as an item of Additional Rent hereunder. For example, if during the Lease Term (including any Extended Term(s)), a portion or the entire roof membrane and/or HVAC system needs to be repaired or replaced, such expenditure shall not be treated as a capital expenditure to be borne determined by Landlord, but rather Tenant shall be responsible, upon such occurrence, for bearing the entire cost for such repair and/or replacement. By placing their initials below, both parties acknowledge their understanding and their agreement with the provisions of this Paragraph 8. Initials: DWD Initials: JA Tenant Landlord.

Appears in 1 contract

Samples: Lease Agreement (Anda Networks Inc)

TENANT MAINTENANCE. Tenant shall, at its sole cost and ------------------ expense, keep and maintain the Premises (including appurtenances) and every part thereof in a good high standard of maintenance and repair, or replacement, and in good and sanitary condition and repaircondition. Tenant’s maintenance, 's maintenance and repair and replacement responsibilities herein referred to include, but are not limited to, janitorization, all windows (interior and exterior), window frames, plate glass and glazing (destroyed by accident or act of third parties), truck doors, plumbing systems (such as water and drain lines, sinks, toilets, faucets, drains, showers showers, and water fountains), electrical systems (such as panels, conduits, outlets, lighting fixtures, lamps, bulbs, tubes and ballasts), heating and air air- conditioning systems (such as compressors, fans, air handlers, ducts, mixing boxes, thermostats, time clocks, boilers, heaters, supply and return grills), structural elements and exterior surfaces of the Building, store fronts, roofs, downspouts, all interior improvements within the Premises including but not limited to wall coverings, window coverings, carpet, floor coverings, partitioning, ceilings, doors (both interior and exterior), including closing mechanisms, latches and latches, locks, skylights (if any), automatic fire extinguishing systems, and elevators and all other interior improvements of any nature whatsoever, and all exterior improvements including but not limited to landscaping, sidewalks, driveways, parking lots including striping and sealing, sprinkler systems, lighting, ponds, fountains, waterways, and drains. Tenant shall agrees to provide carpet xxxxxxx under all rolling chairs or to otherwise be required to have the HVAC system serviced by a licensed HVAC contractor (approved by Landlord) at the earlier frequency of (a) the periodic servicing recommended by the manufacturer of such equipment in its written maintenance specifications or (b) semiannually throughout the Term responsible for wear and tear of the Lease, carpet caused by such rolling chairs if such wear and shall submit to Landlord copies of all related service reports within thirty (30) days of receipt and any repairs reports if requested tear exceeds that caused by Landlord. Furthermore, Tenant shall inform Landlord normal foot traffic in writing of the periodic service recommendations by the respective manufacturer within thirty (30) days of Tenant’s receipt of such informationsurrounding areas. Areas of excessive wear shall be replaced at Tenant’s 's sole expense upon Lease termination. Tenant hereby waives all rights under, and benefits of, Subsection 1 of Section 1932 and Section 1941 and 1942 of the California Civil Code and under any similar law, statute or ordinance now or hereafter in effect. Tenant understands In the event any of the above maintenance responsibilities apply to any other tenant(s) of Landlord where there is common usage with other tenant(s), such maintenance responsibilities and acknowledges that this Lease charges shall be deemed and construed to be a “triple net lease” and during the Initial Term, and any Extended Term(s), of this Lease Tenant shall pay Landlord, the Rent and other payments due hereunder, free of any charges, assessments, impositions, expenses or deductions of any kind and without abatement, deduction or setoff unless otherwise expressly provided in this Lease, and Landlord shall not be expected or required as a result of the relationship between Landlord and Tenant created by this Lease, to be obligated to make any payment to or on behalf of Tenant or be under any other obligation to Tenant hereunder except allocated to the extent specifically provided in this Lease, Leased Premises by square footage or other equitable basis as calculated and Tenant agrees to pay all costs and expenses of every kind which may arise or become due from Tenant under the provisions of this Lease during the Initial Term and any Extended Term(s). Except as expressly provided in this Lease or the Construction Agreement, Landlord shall not be liable and/or responsible under the provisions of this Lease for contributing any money for any maintenance, repairs and/or replacement of the Premises or any part thereof and as to the maintenance, repairs or replacement obligations of Tenant under this Lease, Tenant waives any and all rights it might otherwise have to assert that such expenditure is more appropriately a Landlord expenditure which should be treated as a capital expenditure and/or to be amortized as an item of Additional Rent hereunder. For example, if during the Lease Term (including any Extended Term(s)), a portion or the entire roof membrane and/or HVAC system needs to be repaired or replaced, such expenditure shall not be treated as a capital expenditure to be borne determined by Landlord, but rather Tenant shall be responsible, upon such occurrence, for bearing the entire cost for such repair and/or replacement. By placing their initials below, both parties acknowledge their understanding and their agreement with the provisions of this Paragraph 8. Initials: DWD Initials: JA Tenant Landlord."

Appears in 1 contract

Samples: Lease Agreement (Centaur Pharmaceuticals Inc)

TENANT MAINTENANCE. Tenant shall, at its sole cost and expense, keep and maintain the Premises (including appurtenances) and every part thereof in a good high standard of maintenance and repair, or replacement, and in good and sanitary condition and repaircondition. Tenant’s maintenance, 's maintenance and repair and replacement responsibilities herein referred to include, but are not limited to, janitorization, all windows (interior and exterior), window frames, plate glass and glazing (destroyed by accident or act of third parties), truck doors, plumbing systems (such as water and drain lines, sinks, toilets, faucets, drains, drains showers and water fountains), electrical systems (such as panels, conduits, outlets, lighting fixtures, lamps, bulbs, tubes and ballasts), heating and air conditioning systems (such as compressors, fans, air handlers, ducts, mixing boxes, thermostats, time clocks, boilers, heaters, supply and return grills), structural elements and exterior surfaces of the Buildingbuilding, store fronts, roofs, downspouts, all interior improvements within the Premises premises including but not limited to wall coverings, window coverings, carpet, floor coverings, partitioning, ceilings, doors (both interior and exterior), including closing mechanisms, latches and latches, locks, skylights (if any), automatic fire extinguishing systems, and elevators and all other interior improvements of any nature whatsoever, and all exterior improvements including but not limited to landscaping, sidewalks, driveways, parking lots including striping and sealing, sprinkler systems, lighting, ponds, fountains, waterways, and drains. Tenant shall agrees to provide carpet sxxxxxx under all rolling chairs or to otherwise be required to have the HVAC system serviced by a licensed HVAC contractor (approved by Landlord) at the earlier frequency of (a) the periodic servicing recommended by the manufacturer of such equipment in its written maintenance specifications or (b) semiannually throughout the Term responsible for wear and tear of the Lease, carpet caused by such rolling chairs if such wear and shall submit to Landlord copies of all related service reports within thirty (30) days of receipt and any repairs reports if requested tear exceeds that caused by Landlord. Furthermore, Tenant shall inform Landlord normal foot traffic in writing of the periodic service recommendations by the respective manufacturer within thirty (30) days of Tenant’s receipt of such informationsurrounding areas. Areas of excessive wear and tear shall be replaced at Tenant’s 's sole expense upon Lease termination. Tenant hereby waives all rights under, and benefits of, Subsection 1 of Section 1932 and Section 1941 and 1942 of the California Civil Code and under any similar law, statute or ordinance now or hereafter in effect. Tenant understands In the event any of the above maintenance responsibilities apply to any other tenant(s) of Landlord where there is common usage with other tenant(s), such maintenance responsibilities and acknowledges that this Lease charges shall be deemed and construed to be a “triple net lease” and during the Initial Term, and any Extended Term(s), of this Lease Tenant shall pay Landlord, the Rent and other payments due hereunder, free of any charges, assessments, impositions, expenses or deductions of any kind and without abatement, deduction or setoff unless otherwise expressly provided in this Lease, and Landlord shall not be expected or required as a result of the relationship between Landlord and Tenant created by this Lease, to be obligated to make any payment to or on behalf of Tenant or be under any other obligation to Tenant hereunder except allocated to the extent specifically provided in this Lease, leased Premises by square footage or other equitable basis as calculated and Tenant agrees to pay all costs and expenses of every kind which may arise or become due from Tenant under the provisions of this Lease during the Initial Term and any Extended Term(s). Except as expressly provided in this Lease or the Construction Agreement, Landlord shall not be liable and/or responsible under the provisions of this Lease for contributing any money for any maintenance, repairs and/or replacement of the Premises or any part thereof and as to the maintenance, repairs or replacement obligations of Tenant under this Lease, Tenant waives any and all rights it might otherwise have to assert that such expenditure is more appropriately a Landlord expenditure which should be treated as a capital expenditure and/or to be amortized as an item of Additional Rent hereunder. For example, if during the Lease Term (including any Extended Term(s)), a portion or the entire roof membrane and/or HVAC system needs to be repaired or replaced, such expenditure shall not be treated as a capital expenditure to be borne determined by Landlord, but rather Tenant shall be responsible, upon such occurrence, for bearing the entire cost for such repair and/or replacement. By placing their initials below, both parties acknowledge their understanding and their agreement with the provisions of this Paragraph 8. Initials: DWD Initials: JA Tenant Landlord.

Appears in 1 contract

Samples: Lease Agreement (Full Spectrum Inc.)

TENANT MAINTENANCE. Tenant shall, at its sole cost and expense, keep and maintain the Premises (including appurtenances) and every part thereof in a good high standard of maintenance and repair, or replacement, and in good and sanitary condition and repaircondition. Tenant’s maintenance, 's maintenance and repair and replacement responsibilities herein referred to include, but are not limited to, janitorization, all windows (interior and exterior)windows, window framesframe, plate glass and glazing (destroyed by accident or act of third parties)glass, glazing, truck doors, plumbing systems (such as water and drain lines, sinks, toilets, faucets, drains, showers and water fountains), electrical systems (such as panels, conduits, outlets, lighting fixtures, lamps, bulbs, tubes and tubes, ballasts), ) heating and air conditioning systems (such as compressors, fans, air handlers, ducts, mixing boxes, thermostats, time clocks, boilers, heaters, supply and return grills), structural elements and exterior surfaces of the Building, store fronts, roofs, downspouts, all interior improvements within the Premises including but not limited to wall coverings, window coverings, carpet, floor coverings, partitioning, ceilings, doors (both both, interior and exterior), exterior including closing mechanisms, latches and latches, locks, skylights (if any), automatic fire extinguishing systems, and elevators and all other interior improvements of any nature whatsoever, and all exterior improvements including but not limited to landscaping, sidewalks, driveways, parking lots including striping and sealing, sprinkler systems, lighting, ponds, fountains, waterways, and drains. Tenant shall agrees to provide carpet xxxxxxx under all rolling chairs or to otherwise be required to have the HVAC system serviced by a licensed HVAC contractor (approved by Landlord) at the earlier frequency of (a) the periodic servicing recommended by the manufacturer of such equipment in its written maintenance specifications or (b) semiannually throughout the Term responsible for wear and tear of the Lease, carpet caused by such rolling chairs if such wear and shall submit to Landlord copies of all related service reports within thirty (30) days of receipt and any repairs reports if requested tear exceeds that caused by Landlord. Furthermore, Tenant shall inform Landlord normal foot traffic in writing of the periodic service recommendations by the respective manufacturer within thirty (30) days of Tenant’s receipt of such informationsurrounding areas. Areas of excessive wear in the Premises shall be replaced at Tenant’s 's sole expense upon Lease termination. Tenant shall contract with a service company for the quarterly maintenance of the heating and air conditioning equipment, with a copy of the service contract to be furnished to Landlord within ten (10) days after opening for business, and a copy of any subsequent contracts to be furnished from time to time; provided, however, that, Landlord reserves the right to contract with a service company for the quarterly maintenance of the heating and air conditioning equipment in the Premises in which event Tenant shall reimburse the cost thereof to Landlord upon demand therefor. Tenant hereby waives all rights under, and benefits of, Subsection subsection 1 of Section 1932 and Section 1941 and 1942 of the California Civil Code and under any similar law, statute or ordinance now or hereafter in effect. Tenant understands and acknowledges that this Lease shall be deemed and construed to be a “triple net lease” and during the Initial Term, and any Extended Term(s), of this Lease Tenant shall pay Landlord, the Rent and other payments due hereunder, free of any charges, assessments, impositions, expenses or deductions of any kind and without abatement, deduction or setoff unless otherwise expressly provided in this Lease, and Landlord shall not be expected or required as a result of the relationship between Landlord and Tenant created by this Lease, to be obligated to make any payment to or on behalf of Tenant or be under any other obligation to Tenant hereunder except to the extent specifically provided in this Lease, and Tenant agrees to pay all costs and expenses of every kind which may arise or become due from Tenant under the provisions of this Lease during the Initial Term and any Extended Term(s). Except as expressly provided in this Lease or the Construction Agreement, Landlord shall not be liable and/or responsible under the provisions of this Lease for contributing any money for any maintenance, repairs and/or replacement of the Premises or any part thereof and as to the maintenance, repairs or replacement obligations of Tenant under this Lease, Tenant waives any and all rights it might otherwise have to assert that such expenditure is more appropriately a Landlord expenditure which should be treated as a capital expenditure and/or to be amortized as an item of Additional Rent hereunder. For example, if during the Lease Term (including any Extended Term(s)), a portion or the entire roof membrane and/or HVAC system needs to be repaired or replaced, such expenditure shall not be treated as a capital expenditure to be borne by Landlord, but rather Tenant shall be responsible, upon such occurrence, for bearing the entire cost for such repair and/or replacement. By placing their initials below, both parties acknowledge their understanding and their agreement with the provisions of this Paragraph 8. Initials: DWD Initials: JA Tenant Landlord.

Appears in 1 contract

Samples: Lease Agreement (Details Inc)

TENANT MAINTENANCE. Tenant shall, at its sole cost and expense, keep and maintain the non-common areas of the Premises (including appurtenances) and every part thereof in a good standard of maintenance and repair, or replacement, and in good and sanitary condition and repaircondition. Tenant’s maintenance, repair and replacement responsibilities herein referred to include, but are not limited to, janitorization, all windows (interior and exterior), window frames, plate glass and glazing (destroyed by accident or act of third parties), truck doors, plumbing systems within the non-common areas of the Premises (such as water and drain lines, sinks, toilets, faucets, drains, showers and water fountains), electrical systems within the non-common areas of the Premises (such as panels, conduits, outlets, lighting fixtures, lamps, bulbs, tubes and tubes, ballasts), heating and air air-conditioning systems controls within the non-common areas of the Premises (such as compressors, fans, air handlers, ducts, mixing boxes, thermostats, time clocks, boilers, heaters, supply and return grills), structural elements non-common elevators (if any), and exterior surfaces of the Building, store fronts, roofs, downspouts, all interior improvements within the non- common areas of the Premises including but not limited to to: wall coverings, window coverings, carpetacoustical ceilings, floor coveringsvinyl tile, carpeting, partitioning, ceilings, doors (both interior and exterior), including closing Initial: [Illegible] Multi Tenant/Single Parcel Page 9 of 30 BUILDING: Potrero 1 PROPERTY: 01-0034 UNIT: 1 LEASE ID: 0034-RUCK01-01 mechanisms, latches and locks), skylights (if any), automatic fire extinguishing systems, and elevators and all other interior improvements of any nature whatsoever, and all exterior improvements including but not limited to landscaping, sidewalks, driveways, parking lots including striping and sealing, sprinkler systems, lighting, ponds, fountains, waterways, and drains. Tenant shall agrees to provide carpet xxxxxxx under all rolling chairs or to otherwise be required to have the HVAC system serviced by a licensed HVAC contractor (approved by Landlord) at the earlier frequency of (a) the periodic servicing recommended by the manufacturer of such equipment in its written maintenance specifications or (b) semiannually throughout the Term responsible for wear and tear of the Lease, carpet caused by such rolling chairs if such wear and shall submit to Landlord copies of all related service reports within thirty (30) days of receipt and any repairs reports if requested tear exceeds that caused by Landlord. Furthermore, Tenant shall inform Landlord normal foot traffic in writing of the periodic service recommendations by the respective manufacturer within thirty (30) days of Tenant’s receipt of such informationsurrounding areas. Areas of excessive wear shall be replaced at Tenant’s sole expense upon Lease termination. Tenant hereby waives all rights underhereunder, and benefits of, Subsection subsection 1 of Section 1932 and Section Sections 1941 and 1942 of the California Civil Code and under any similar law, statute or ordinance now or hereafter in effect. Tenant understands and acknowledges that this Lease shall be deemed and construed to be a “triple net lease” and during the Initial Term, and any Extended Term(s), of this Lease Tenant shall pay Landlord, the Rent and other payments due hereunder, free of any charges, assessments, impositions, expenses or deductions of any kind and without abatement, deduction or setoff unless otherwise expressly provided in this Lease, and Landlord shall not be expected or required as a result of the relationship between Landlord and Tenant created by this Lease, to be obligated to make any payment to or on behalf of Tenant or be under any other obligation to Tenant hereunder except to the extent specifically provided in this Lease, and Tenant agrees to pay all costs and expenses of every kind which may arise or become due from Tenant under the provisions of this Lease during the Initial Term and any Extended Term(s). Except as expressly provided in this Lease or the Construction Agreement, Landlord shall not be liable and/or responsible under the provisions of this Lease for contributing any money for any maintenance, repairs and/or replacement of the Premises or any part thereof and as to the maintenance, repairs or replacement obligations of Tenant under this Lease, Tenant waives any and all rights it might otherwise have to assert that such expenditure is more appropriately a Landlord expenditure which should be treated as a capital expenditure and/or to be amortized as an item of Additional Rent hereunder. For example, if during the Lease Term (including any Extended Term(s)), a portion or the entire roof membrane and/or HVAC system needs to be repaired or replaced, such expenditure shall not be treated as a capital expenditure to be borne by Landlord, but rather Tenant shall be responsible, upon such occurrence, for bearing the entire cost for such repair and/or replacement. By placing their initials below, both parties acknowledge their understanding and their agreement with the provisions of this Paragraph 8. Initials: DWD Initials: JA Tenant Landlord.

Appears in 1 contract

Samples: Lease Agreement

TENANT MAINTENANCE. Tenant shall, at its sole cost and expense, keep and maintain the Premises (including appurtenances) and every part thereof in a good high standard of maintenance and repair, or replacement, and in good and sanitary condition and repaircondition. Tenant’s maintenance, 's maintenance and repair and replacement responsibilities herein referred to include, but are not limited to, janitorization, all windows (interior and exterior), window frames, plate glass and glazing (destroyed by accident or act of third parties), truck doors, plumbing systems (such as water and drain lines, sinks, toilets, faucets, drains, showers and water fountains), electrical systems (such as panels, conduits, outlets, lighting fixtures, lamps, bulbs, tubes and ballasts), heating hearing and air conditioning systems (such as compressors, fans, air handlers, ducts, mixing boxes, thermostats, time clocks, boilers, heaters, supply and return grills), structural elements and exterior surfaces of the Buildingbuilding, store fronts, roofs, downspouts, all interior improvements within the Premises including but not limited to wall coverings, window coverings, carpet, floor coverings, partitioning, ceilings, doors (both interior and exterior), including closing mechanisms, latches and latches, locks, skylights (if any), automatic fire extinguishing systems, and elevators and all other interior improvements of any nature whatsoever, and all exterior improvements including but not limited to landscaping, sidewalks, driveways, parking lots including striping and sealing, sprinkler systems, lighting, ponds, fountains, waterways, and drains. Tenant shall agrees to provide carpet xxxxxxx under all rolling chairs or to otherwise be required to have the HVAC system serviced by a licensed HVAC contractor (approved by Landlord) at the earlier frequency of (a) the periodic servicing recommended by the manufacturer of such equipment in its written maintenance specifications or (b) semiannually throughout the Term responsible for wear and tear of the Lease, carpet caused by such rolling chairs if such wear and shall submit to Landlord copies of all related service reports within thirty (30) days of receipt and any repairs reports if requested tear exceeds that caused by Landlord. Furthermore, Tenant shall inform Landlord normal foot traffic in writing of the periodic service recommendations by the respective manufacturer within thirty (30) days of Tenant’s receipt of such informationsurrounding areas. Areas of excessive wear shall be replaced at Tenant’s 's sole expense upon Lease termination. Tenant hereby waives all rights under, and benefits of, Subsection 1 of Section 1932 and Section 1941 and 1942 of the California Civil Code and under any similar law, statute or ordinance now or hereafter in effect. Tenant understands In the event any of the above maintenance responsibilities apply to any other tenant(s) of Landlord where there is common usage with other tenant(s), such maintenance responsibilities and acknowledges that this Lease charges shall be deemed and construed to be a “triple net lease” and during the Initial Term, and any Extended Term(s), of this Lease Tenant shall pay Landlord, the Rent and other payments due hereunder, free of any charges, assessments, impositions, expenses or deductions of any kind and without abatement, deduction or setoff unless otherwise expressly provided in this Lease, and Landlord shall not be expected or required as a result of the relationship between Landlord and Tenant created by this Lease, to be obligated to make any payment to or on behalf of Tenant or be under any other obligation to Tenant hereunder except allocated to the extent specifically provided in this Lease, Lease Premises by square footage or other equitable basis as calculated and Tenant agrees to pay all costs and expenses of every kind which may arise or become due from Tenant under the provisions of this Lease during the Initial Term and any Extended Term(s). Except as expressly provided in this Lease or the Construction Agreement, Landlord shall not be liable and/or responsible under the provisions of this Lease for contributing any money for any maintenance, repairs and/or replacement of the Premises or any part thereof and as to the maintenance, repairs or replacement obligations of Tenant under this Lease, Tenant waives any and all rights it might otherwise have to assert that such expenditure is more appropriately a Landlord expenditure which should be treated as a capital expenditure and/or to be amortized as an item of Additional Rent hereunder. For example, if during the Lease Term (including any Extended Term(s)), a portion or the entire roof membrane and/or HVAC system needs to be repaired or replaced, such expenditure shall not be treated as a capital expenditure to be borne determined by Landlord, but rather Tenant shall be responsible, upon such occurrence, for bearing the entire cost for such repair and/or replacement. By placing their initials below, both parties acknowledge their understanding and their agreement with the provisions of this Paragraph 8. Initials: DWD Initials: JA Tenant Landlord."

Appears in 1 contract

Samples: Lease Agreement (Ciphergen Biosystems Inc)

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TENANT MAINTENANCE. Tenant shall, at its sole cost and expense, keep and maintain the Premises (including appurtenances) and every part thereof in a good high standard of maintenance and repair, or replacement, and in good and sanitary condition and repaircondition. Tenant’s maintenance, maintenance and repair and replacement responsibilities herein referred to include, but are not limited to, janitorization, all windows (interior and exterior), window frames, plate glass and glazing (destroyed by accident or act of third parties), truck doors, plumbing systems (such as water and drain lines, sinks, toilets, faucets, drains, drains showers and water fountains), electrical systems (such as panels, conduits, outlets, lighting fixtures, lamps, bulbs, tubes and ballasts), heating and air conditioning systems (such as compressors, fans, air handlers, ducts, mixing boxes, thermostats, time clocks, boilers, heaters, supply and return grills), structural elements and exterior surfaces of the Buildingbuilding, store fronts, roofs, downspouts, all interior improvements within the Premises premises including but not limited to wall coverings, window coverings, carpet, floor coverings, partitioning, ceilings, doors (both interior and exterior), including closing mechanisms, latches and latches, locks, skylights (if any), automatic fire extinguishing systems, and elevators and all other interior improvements of any nature whatsoever, and all exterior improvements including but not limited to landscaping, sidewalks, driveways, parking lots including striping and sealing, sprinkler systems, lighting, ponds, fountains, waterways, and drains. Tenant shall agrees to provide carpet sxxxxxx under all rolling chairs or to otherwise be required to have the HVAC system serviced by a licensed HVAC contractor (approved by Landlord) at the earlier frequency of (a) the periodic servicing recommended by the manufacturer of such equipment in its written maintenance specifications or (b) semiannually throughout the Term responsible for wear and tear of the Lease, carpet caused by such rolling chairs if such wear and shall submit to Landlord copies of all related service reports within thirty (30) days of receipt and any repairs reports if requested tear exceeds that caused by Landlord. Furthermore, Tenant shall inform Landlord normal foot traffic in writing of the periodic service recommendations by the respective manufacturer within thirty (30) days of Tenant’s receipt of such informationsurrounding areas. Areas of excessive wear and tear shall be replaced at Tenant’s sole expense upon Lease termination. Tenant hereby waives all rights under, and benefits of, Subsection 1 of Section 1932 and Section 1941 and 1942 of the California Civil Code and under any similar law, statute or ordinance now or hereafter in effect. Tenant understands In the event any of the above maintenance responsibilities apply to any other tenant(s) of Landlord where there is common usage with other tenant(s), such maintenance responsibilities and acknowledges that this Lease charges shall be deemed and construed to be a “triple net lease” and during the Initial Term, and any Extended Term(s), of this Lease Tenant shall pay Landlord, the Rent and other payments due hereunder, free of any charges, assessments, impositions, expenses or deductions of any kind and without abatement, deduction or setoff unless otherwise expressly provided in this Lease, and Landlord shall not be expected or required as a result of the relationship between Landlord and Tenant created by this Lease, to be obligated to make any payment to or on behalf of Tenant or be under any other obligation to Tenant hereunder except allocated to the extent specifically provided in this Lease, leased Premises by square footage or other equitable basis as calculated and Tenant agrees to pay all costs and expenses of every kind which may arise or become due from Tenant under the provisions of this Lease during the Initial Term and any Extended Term(s). Except as expressly provided in this Lease or the Construction Agreement, Landlord shall not be liable and/or responsible under the provisions of this Lease for contributing any money for any maintenance, repairs and/or replacement of the Premises or any part thereof and as to the maintenance, repairs or replacement obligations of Tenant under this Lease, Tenant waives any and all rights it might otherwise have to assert that such expenditure is more appropriately a Landlord expenditure which should be treated as a capital expenditure and/or to be amortized as an item of Additional Rent hereunder. For example, if during the Lease Term (including any Extended Term(s)), a portion or the entire roof membrane and/or HVAC system needs to be repaired or replaced, such expenditure shall not be treated as a capital expenditure to be borne determined by Landlord, but rather Tenant shall be responsible, upon such occurrence, for bearing the entire cost for such repair and/or replacement. By placing their initials below, both parties acknowledge their understanding and their agreement with the provisions of this Paragraph 8. Initials: DWD Initials: JA Tenant Landlord.

Appears in 1 contract

Samples: Lease Agreement (Zev Ventures Inc.)

TENANT MAINTENANCE. Tenant shall, at its sole cost and expense, keep and maintain the Premises (including appurtenances) and every part thereof in a good high standard of maintenance and repair, or replacement, and in good and sanitary condition and repaircondition. Tenant’s maintenance, 's maintenance and repair and replacement responsibilities herein referred to include, but are not limited to, janitorization, all windows (interior and exterior), window frames, plate glass and glazing (destroyed by accident or act of third parties), truck doors, plumbing systems (such as water and drain lines, sinks, toilets, faucets, drains, drains showers and water fountains), electrical systems (such as panels, conduits, outlets, lighting fixtures, lamps, bulbs, tubes and ballasts), heating and air conditioning systems (such as compressors, fans, air handlers, ducts, mixing boxes, thermostats, time clocks, boilers, heaters, supply and return grills), structural elements and exterior surfaces of the Buildingbuilding, store fronts, roofs, downspouts, all interior improvements within the Premises premises including but not limited to wall coverings, window coverings, carpet, floor coverings, partitioning, ceilings, doors (both interior and exterior), including closing mechanisms, latches and latches, locks, skylights (if any), automatic fire extinguishing systems, and elevators and all other interior improvements of any nature whatsoever, and all exterior improvements including but not limited to landscaping, sidewalks, driveways, parking lots including striping and sealing, sprinkler systems, lighting, ponds, fountains, waterways, and drains. Tenant shall agrees to provide carpet shiexxx xxxer all rolling chairs or to otherwise be required to have the HVAC system serviced by a licensed HVAC contractor (approved by Landlord) at the earlier frequency of (a) the periodic servicing recommended by the manufacturer of such equipment in its written maintenance specifications or (b) semiannually throughout the Term responsible for wear and tear of the Lease, carpet caused by such rolling chairs if such wear and shall submit to Landlord copies of all related service reports within thirty (30) days of receipt and any repairs reports if requested tear exceeds that caused by Landlord. Furthermore, Tenant shall inform Landlord normal foot traffic in writing of the periodic service recommendations by the respective manufacturer within thirty (30) days of Tenant’s receipt of such informationsurrounding areas. Areas of excessive wear and tear shall be replaced at Tenant’s 's sole expense upon Lease termination. Tenant hereby waives all rights under, and benefits of, Subsection 1 of Section 1932 and Section 1941 and 1942 of the California Civil Code and under any similar law, statute or ordinance now or hereafter in effect. Tenant understands In the event any of the above maintenance responsibilities apply to any other tenant(s) of Landlord where there is common usage with other tenant(s), such maintenance responsibilities and acknowledges that this Lease charges shall be deemed and construed to be a “triple net lease” and during the Initial Term, and any Extended Term(s), of this Lease Tenant shall pay Landlord, the Rent and other payments due hereunder, free of any charges, assessments, impositions, expenses or deductions of any kind and without abatement, deduction or setoff unless otherwise expressly provided in this Lease, and Landlord shall not be expected or required as a result of the relationship between Landlord and Tenant created by this Lease, to be obligated to make any payment to or on behalf of Tenant or be under any other obligation to Tenant hereunder except allocated to the extent specifically provided in this Lease, leased Premises by square footage or other equitable basis as calculated and Tenant agrees to pay all costs and expenses of every kind which may arise or become due from Tenant under the provisions of this Lease during the Initial Term and any Extended Term(s). Except as expressly provided in this Lease or the Construction Agreement, Landlord shall not be liable and/or responsible under the provisions of this Lease for contributing any money for any maintenance, repairs and/or replacement of the Premises or any part thereof and as to the maintenance, repairs or replacement obligations of Tenant under this Lease, Tenant waives any and all rights it might otherwise have to assert that such expenditure is more appropriately a Landlord expenditure which should be treated as a capital expenditure and/or to be amortized as an item of Additional Rent hereunder. For example, if during the Lease Term (including any Extended Term(s)), a portion or the entire roof membrane and/or HVAC system needs to be repaired or replaced, such expenditure shall not be treated as a capital expenditure to be borne determined by Landlord, but rather Tenant shall be responsible, upon such occurrence, for bearing the entire cost for such repair and/or replacement. By placing their initials below, both parties acknowledge their understanding and their agreement with the provisions of this Paragraph 8. Initials: DWD Initials: JA Tenant LandlordInitials /s/ PC ---------- Initials /s/ MS ---------- -3- 4

Appears in 1 contract

Samples: Lease Agreement (Alliance Fiber Optic Products Inc)

TENANT MAINTENANCE. Subject to the provisions of Paragraph 21, Tenant shall, at its sole cost and expense, keep and maintain the Premises (including appurtenances) and every part thereof in a good a-high standard of maintenance and repair, or replacement, and ,an in good and sanitary condition and repaircondition. Tenant’s maintenance, 's maintenance and repair and replacement responsibilities herein referred to include, but are not limited to, janitorizationamortization, all windows (interior and exterior), window frames, plate glass and glazing (destroyed by accident or act of third parties), truck doors, plumbing systems (such as water and drain lines, sinks, toilets, faucets, drains, showers and water fountains), electrical systems (such as panels, conduits, outlets, lighting fixtures, lamps, bulbs, tubes tubes, and ballasts), heating and air conditioning systems (such as compressors, fans, air handlers, ducts, mixing boxes, thermostats, time clocks, boilers, heaters, supply and return grills), structural elements and exterior surfaces of the Buildingbuilding, store fronts, roofs, downspouts, all interior improvements within the Premises premises including but not limited to wall coverings, window coverings, carpet, floor coverings, partitioning, ceilings, doors (both interior and exterior), including closing mechanisms, latches and latches, locks, skylights (if any), automatic fire extinguishing systems, and elevators and all other interior improvements of any nature whatsoever, and all exterior improvements including but not limited to landscaping, sidewalks, driveways, parking lots including striping and sealingseating, sprinkler systems, lighting, ponds, fountains, waterways, and drains. Tenant shall agrees to provide carpet xxxxxxx under all rolling chairs or to otherwise be required to have the HVAC system serviced by a licensed HVAC contractor (approved by Landlord) at the earlier frequency of (a) the periodic servicing recommended by the manufacturer of such equipment in its written maintenance specifications or (b) semiannually throughout the Term responsible for wear and tear of the Lease, carpet caused by such rolling chairs if such wear and shall submit to Landlord copies of all related service reports within thirty (30) days of receipt and any repairs reports if requested tear excess that caused by Landlord. Furthermore, Tenant shall inform Landlord normal tool traffic in writing of the periodic service recommendations by the respective manufacturer within thirty (30) days of Tenant’s receipt of such informationsurrounding areas. Areas of excessive wear shall be replaced at all Tenant’s 's sole expense upon Lease termination. Tenant hereby waives all rights under, and benefits of, Subsection 1 of Section 1932 and Section 1941 1341 and 1942 of the California Civil Code and under any similar similarities law, statute or ordinance now or hereafter in effect. Tenant understands In the event any of the above maintenance responsibilities apply to any other tenant(s) of Landlord where there is common usage with other tenant(s), such maintenance responsibilities and acknowledges that this Lease charges shall be deemed and construed to be a “triple net lease” and during the Initial Term, and any Extended Term(s), of this Lease Tenant shall pay Landlord, the Rent and other payments due hereunder, free of any charges, assessments, impositions, expenses or deductions of any kind and without abatement, deduction or setoff unless otherwise expressly provided in this Lease, and Landlord shall not be expected or required as a result of the relationship between Landlord and Tenant created by this Lease, to be obligated to make any payment to or on behalf of Tenant or be under any other obligation to Tenant hereunder except allocated to the extent specifically provided in this Lease, leased Premises by square footage or other equitable and Tenant agrees to pay all costs and expenses of every kind which may arise or become due from Tenant under the provisions of this Lease during the Initial Term and any Extended Term(s). Except as expressly provided in this Lease or the Construction Agreement, Landlord shall not be liable and/or responsible under the provisions of this Lease for contributing any money for any maintenance, repairs and/or replacement of the Premises or any part thereof and as to the maintenance, repairs or replacement obligations of Tenant under this Lease, Tenant waives any and all rights it might otherwise have to assert that such expenditure is more appropriately a Landlord expenditure which should be treated as a capital expenditure and/or to be amortized as an item of Additional Rent hereunder. For example, if during the Lease Term (including any Extended Term(s)), a portion or the entire roof membrane and/or HVAC system needs to be repaired or replaced, such expenditure shall not be treated as a capital expenditure to be borne determined by Landlord, but rather Tenant shall be responsible, upon such occurrence, for bearing the entire cost for such repair and/or replacement. By placing their initials below, both parties acknowledge their understanding and their agreement with the provisions of this Paragraph 8. Initials: DWD Initials: JA Tenant Landlord.

Appears in 1 contract

Samples: Lease Agreement (Abgenix Inc)

TENANT MAINTENANCE. Tenant shall, at its sole cost and expense, keep and maintain the Premises (including appurtenances) and every part thereof in a good high standard of maintenance and repair, or replacement, and in good and sanitary condition and repaircondition. Tenant’s maintenance, maintenance and repair and replacement responsibilities herein referred to include, but are not limited to, janitorization, all windows (interior and exterior), window frames, plate glass and glazing (destroyed by accident or act of third parties), truck doors, plumbing systems (such as water and drain lines, sinks, toilets, faucets, drains, showers and water fountains), electrical systems (such as panels, conduits, outlets, lighting fixtures, lamps, bulbs, tubes and ballasts), heating and air conditioning systems (such as compressors, fans, air handlers, ducts, mixing boxes, thermostats, time clocks, boilers, heaters, supply and return grills), structural elements and exterior surfaces of the Buildingbuilding, store fronts, roofs, downspouts, all interior improvements within the Premises premises including but not limited to wall coverings, window coverings, carpet, floor coverings, partitioning, ceilings, doors (both interior and exterior), including closing mechanisms, latches and latches, locks, skylights (if any), automatic fire extinguishing systems, and elevators and all other interior improvements of any nature whatsoever, and all exterior improvements including but not limited to landscaping, sidewalks, driveways, parking lots including striping and sealing, sprinkler systems, lighting, ponds, fountains, waterways, and drains. Tenant shall agrees to provide carpet sxxxxxx under all rolling chairs or to otherwise be required to have the HVAC system serviced by a licensed HVAC contractor (approved by Landlord) at the earlier frequency of (a) the periodic servicing recommended by the manufacturer of such equipment in its written maintenance specifications or (b) semiannually throughout the Term responsible for wear and tear of the Lease, carpet caused by such rolling chairs if such wear and shall submit to Landlord copies of all related service reports within thirty (30) days of receipt and any repairs reports if requested tear exceeds that caused by Landlord. Furthermore, Tenant shall inform Landlord normal foot traffic in writing of the periodic service recommendations by the respective manufacturer within thirty (30) days of Tenant’s receipt of such informationsurrounding areas. Areas of excessive wear shall be replaced at Tenant’s sole expense upon Lease termination. Tenant hereby waives all rights under, and benefits of, Subsection 1 of Section 1932 and Section 1941 and 1942 of the California Civil Code and under any similar law, statute or ordinance now or hereafter in effect. Tenant understands In the event any of the above maintenance responsibilities apply to any other tenant(s) of Landlord where there is common usage with other tenant(s), such maintenance responsibilities and acknowledges that this Lease charges shall be deemed and construed to be a “triple net lease” and during the Initial Term, and any Extended Term(s), of this Lease Tenant shall pay Landlord, the Rent and other payments due hereunder, free of any charges, assessments, impositions, expenses or deductions of any kind and without abatement, deduction or setoff unless otherwise expressly provided in this Lease, and Landlord shall not be expected or required as a result of the relationship between Landlord and Tenant created by this Lease, to be obligated to make any payment to or on behalf of Tenant or be under any other obligation to Tenant hereunder except allocated to the extent specifically provided in this Lease, leased Premises by square footage or other equitable basis as calculated and Tenant agrees to pay all costs and expenses of every kind which may arise or become due from Tenant under the provisions of this Lease during the Initial Term and any Extended Term(s). Except as expressly provided in this Lease or the Construction Agreement, Landlord shall not be liable and/or responsible under the provisions of this Lease for contributing any money for any maintenance, repairs and/or replacement of the Premises or any part thereof and as to the maintenance, repairs or replacement obligations of Tenant under this Lease, Tenant waives any and all rights it might otherwise have to assert that such expenditure is more appropriately a Landlord expenditure which should be treated as a capital expenditure and/or to be amortized as an item of Additional Rent hereunder. For example, if during the Lease Term (including any Extended Term(s)), a portion or the entire roof membrane and/or HVAC system needs to be repaired or replaced, such expenditure shall not be treated as a capital expenditure to be borne determined by Landlord, but rather Tenant shall be responsible, upon such occurrence, for bearing the entire cost for such repair and/or replacement. By placing their initials below, both parties acknowledge their understanding and their agreement with the provisions of this Paragraph 8. Initials: DWD Initials: JA Tenant LandlordSEE PARAGRAPH 52.

Appears in 1 contract

Samples: Lease Agreement (Maxtor Corp)

TENANT MAINTENANCE. Tenant shall, shall at its sole cost and expense, keep and maintain the Premises (including appurtenances) and every part thereof in a good a, high standard of maintenance and repair, or replacement, and in good and sanitary condition and repaircondition. Tenant’s maintenance, 's maintenance and repair and replacement responsibilities herein referred to include, but are not limited to, janitorization, all windows (interior and exterior), window frames, plate glass and glazing (destroyed by accident or act of third parties), truck doors, plumbing systems (such as water and drain lines, sinks, toilets, faucets, drains, showers and water fountains), electrical systems (such as panels, conduits, outlets, lighting fixtures, lamps, bulbs, tubes and ballasts), heating and air conditioning airconditioning systems (such as compressors, fans, air handlers, ducts, mixing boxes, thermostats, time clocks, boilers, heaters, supply and return grills), structural elements and exterior surfaces of the Buildingbuilding, store fronts, roofs, downspouts, all interior improvements within the Premises premises including but not limited to wall coverings, window coverings, carpet, floor coverings, partitioning, ceilings, doors (both interior and exterior), including closing mechanisms, latches and latches, locks, skylights (if any), automatic fire extinguishing systems, and elevators and all other interior improvements of any nature whatsoever, and all exterior improvements including but not limited to landscaping, sidewalks, driveways, parking lots including striping and sealing, sprinkler systems, lighting, ponds, fountains, waterways, and drains. Tenant shall agrees to provide carpet xxxxxxx under all rolling chairs or to otherwise be required to have the HVAC system serviced by a licensed HVAC contractor (approved by Landlord) at the earlier frequency of (a) the periodic servicing recommended by the manufacturer of such equipment in its written maintenance specifications or (b) semiannually throughout the Term responsible for wear and tear of the Lease, carpet caused by such rolling chairs if such wear and shall submit to Landlord copies of all related service reports within thirty (30) days of receipt and any repairs reports if requested tear exceeds that caused by Landlord. Furthermore, Tenant shall inform Landlord normal foot traffic in writing of the periodic service recommendations by the respective manufacturer within thirty (30) days of Tenant’s receipt of such informationsurrounding areas. Areas of excessive wear shall be replaced at Tenant’s 's sole expense upon Lease termination. Tenant hereby waives all rights under, and benefits of, Subsection 1 of Section 1932 and Section 1941 and 1942 of the California Civil Code and under any similar law, statute or ordinance now or hereafter in effect. Tenant understands and acknowledges that this Lease shall be deemed and construed to be a “triple net lease” and during the Initial Term, and any Extended Term(s), of this Lease Tenant shall pay Landlord, the Rent and other payments due hereunder, free of any charges, assessments, impositions, expenses or deductions of any kind and without abatement, deduction or setoff unless otherwise expressly provided in this Lease, and Landlord shall not be expected or required as a result of the relationship between Landlord and Tenant created by this Lease, to be obligated to make any payment to or on behalf of Tenant or be under any other obligation to Tenant hereunder except to the extent specifically provided in this Lease, and Tenant agrees to pay all costs and expenses of every kind which may arise or become due from Tenant under the provisions of this Lease during the Initial Term and any Extended Term(s). Except as expressly provided in this Lease or the Construction Agreement, Landlord shall not be liable and/or responsible under the provisions of this Lease for contributing any money for any maintenance, repairs and/or replacement of the Premises or any part thereof and as to the maintenance, repairs or replacement obligations of Tenant under this Lease, Tenant waives any and all rights it might otherwise have to assert that such expenditure is more appropriately a Landlord expenditure which should be treated as a capital expenditure and/or to be amortized as an item of Additional Rent hereunder. For example, if during the Lease Term (including any Extended Term(s)), a portion or the entire roof membrane and/or HVAC system needs to be repaired or replaced, such expenditure shall not be treated as a capital expenditure to be borne by Landlord, but rather Tenant shall be responsible, upon such occurrence, for bearing the entire cost for such repair and/or replacement. By placing their initials below, both parties acknowledge their understanding and their agreement with the provisions of this Paragraph 8. Initials: DWD Initials: JA Tenant Landlordin

Appears in 1 contract

Samples: Lease Agreement (Oni Systems Corp)

TENANT MAINTENANCE. Except as otherwise provided for in Paragraphs 9 ------------------ and 19.B, Tenant shall, at its sole cost and expense, keep and maintain the Premises (including appurtenances) and every part thereof in a good high standard of maintenance and repair, or replacement, and in good and sanitary condition and repaircondition. Tenant’s maintenance, 's maintenance and repair and replacement responsibilities herein referred to include, but are not limited to, janitorization, all windows (interior and exterior), window frames, plate glass and glazing (destroyed by accident or act of third parties), truck doors, plumbing systems within the non-common areas of the Premises (such as water and drain lines, sinks, toilets, faucets, drains, showers and water fountains), electrical systems within the non-common areas of the Premises (such as panels, conduits, outlets, lighting fixtures, lamps, bulbs, tubes and ballasts), heating and air conditioning systems within the non-common areas of the Premises (such as compressors, fans, air handlers, ducts, mixing boxes, thermostats, time clocks, boilers, heaters, supply and return grills), structural elements and exterior surfaces of the Buildingbuilding, store fronts, roofs, downspouts, all interior improvements within the Premises including but not limited to wall coverings, window coverings, carpet, floor coverings, partitioning, ceilings, doors (both interior and exterior), including closing mechanisms, latches and latches, locks, skylights (if any), automatic fire extinguishing systems, and elevators and all other interior improvements of any nature whatsoever, and all exterior improvements including but not limited to landscaping, sidewalks, driveways, parking lots including striping and sealing, sprinkler systems, lighting, ponds, fountains, waterways, and drains. Tenant shall agrees to provide carpet xxxxxxx under all rolling chairs or to otherwise be required to have the HVAC system serviced by a licensed HVAC contractor (approved by Landlord) at the earlier frequency of (a) the periodic servicing recommended by the manufacturer of such equipment in its written maintenance specifications or (b) semiannually throughout the Term responsible for wear and tear of the Lease, carpet Initial: /s/ [ILLEGIBLE] ---------------- Multi Tenant/Complex Page 8 of 25 BUILDING: Milpitas 10 PROPERTY: 1-0210 UNIT: 2 LEASE ID: 0210-OPT101-01 caused by such rolling chairs if such wear and shall submit to Landlord copies of all related service reports within thirty (30) days of receipt and any repairs reports if requested tear exceeds that caused by Landlord. Furthermore, Tenant shall inform Landlord normal foot traffic in writing of the periodic service recommendations by the respective manufacturer within thirty (30) days of Tenant’s receipt of such informationsurrounding areas. Areas of excessive wear shall be replaced at Tenant’s 's sole expense upon Lease termination. Tenant hereby waives all rights under, and benefits of, Subsection 1 of Section 1932 and Section 1941 and 1942 of the California Civil Code and under any similar law, statute or ordinance now or hereafter in effect. Tenant understands In the event any of the above maintenance responsibilities apply to any other tenant(s) of Landlord where there is common usage with other tenant(s), such maintenance responsibilities and acknowledges that this Lease charges shall be deemed allocated to the Leased Premises by square footage or other equitable basis as calculated and construed determined by Landlord. Notwithstanding anything to be a “triple net lease” and during the Initial Termcontrary in this Xxxxxxxxx 00, Xxxxxxxx shall repair, including replacement related to, damage to the structural shell, foundation, and any Extended Term(s)roof structure (but not the interior improvements, roof membrane, or glazing) of this Lease the building leased hereunder at Landlord's cost, however, Landlord shall amortize the cost of the repair over the useful life of said repair, and Tenant shall pay be responsible for paying to Landlord, within thirty days of written notice from Landlord, one hundred percent (100%) of Tenant's pro rata share of the Rent and other payments due hereunderamortization of said cost over the full Term remaining in the Lease at the time the repair and/or replacement is made; provided Tenant has not caused such damage, free in which event Tenant shall be responsible for 100 percent of any chargessuch costs and expense for repair and/or replacement or damage so caused by the Tenant and shall pay such amount to Landlord within thirty (30) days of the invoice date. For Example: In the event (i) the roof structure is repaired at a cost of $10,000, assessmentsand (ii) said repair has a useful life of twenty years, impositionsand (iii) Tenant has one year remaining in its Lease Term at the time said repair was made, expenses Tenant would be charged its prorata share of $500 ($10,000 / 20 years x 1 year = $500) as Additional Rent, in which case said amount would be due within thirty (30) days of notice from Landlord. Tenant hereby waives all rights under, and benefits of subsection I of Section 1932 and Sections 1941 and 1942 of the California Civil Code and under any similar law, statute or deductions ordinance now or hereafter in effect. Notwithstanding the foregoing, a crack in the foundation or exterior walls, or any other defect in the Building that does not endanger the structural integrity of any kind and without abatementthe building for which Tenant is or is not responsible, deduction or setoff unless otherwise expressly provided in this Leasewhich is not life- threatening, shall not be considered material, and Landlord shall may elect, in its sole and absolute discretion, not be expected or required as a result to repair and/or replace the same; however, Landlord may require Tenant to repair and/or replace the same at Tenant's sole cost and expense, within thirty days of written notice from Landlord, if Tenant is responsible. In the event the Term of the relationship between Lease is extended for any reason whatsoever, Tenant's pro rata share of the earlier repair and/or replacement cost shall be increased to include the additional amount payable to Landlord due to the Extended Term of the Lease. For Example: In the event: (i) the roof structure was repaired as illustrated above; and (ii) this Lease is extended for an additional five year period, Tenant created by this Lease, to would be obligated to make any liable for an additional payment to or on behalf Landlord of Tenant or $2,500 as Additional Rent. Said payment would be under any other obligation to Tenant hereunder except to due in full immediately upon Tenant's execution of a Lease Amendment memorializing the extent specifically provided in this Lease, and Tenant agrees to pay all costs and expenses of every kind which may arise or become due from Tenant under the provisions of this Lease during the Initial Term and any Extended Term(s). Except as expressly provided in this Lease or the Construction Agreement, Landlord shall not be liable and/or responsible under the provisions of this Lease for contributing any money for any maintenance, repairs and/or replacement extension of the Premises or any part thereof and as to the maintenance, repairs or replacement obligations of Tenant under this Lease, Tenant waives any and all rights it might otherwise have to assert that such expenditure is more appropriately a Landlord expenditure which should be treated as a capital expenditure and/or to be amortized as an item of Additional Rent hereunder. For example, if during the Lease Term (including any Extended Term(s)), a portion or the entire roof membrane and/or HVAC system needs to be repaired or replaced, such expenditure shall not be treated as a capital expenditure to be borne by Landlord, but rather Tenant shall be responsible, upon such occurrence, for bearing the entire cost for such repair and/or replacement. By placing their initials below, both parties acknowledge their understanding and their agreement with the provisions of this Paragraph 8. Initials: DWD Initials: JA Tenant LandlordTerm.

Appears in 1 contract

Samples: Lease Agreement (Opti Inc)

TENANT MAINTENANCE. Subject to the provisions of Paragraph 21, Tenant shall, at its sole cost and expense, keep and maintain the Premises (including appurtenances) and every part thereof in a good a-high standard of maintenance and repair, or replacement, and ,an in good and sanitary condition and repaircondition. Tenant’s maintenance, maintenance and repair and replacement responsibilities herein referred to include, but are not limited to, janitorizationamortization, all windows (interior and exterior), window frames, plate glass and glazing (destroyed by accident or act of third parties), truck doors, plumbing systems (such as water and drain lines, sinks, toilets, faucets, drains, showers and water fountains), electrical systems (such as panels, conduits, outlets, lighting fixtures, lamps, bulbs, tubes tubes, and ballasts), heating and air conditioning systems (such as compressors, fans, air handlers, ducts, mixing boxes, thermostats, time clocks, boilers, heaters, supply and return grills), structural elements and exterior surfaces of the Buildingbuilding, store fronts, roofs, downspouts, all interior improvements within the Premises premises including but not limited to wall coverings, window coverings, carpet, floor coverings, partitioning, ceilings, doors (both interior and exterior), including closing mechanisms, latches and latches, locks, skylights (if any), automatic fire extinguishing systems, and elevators and all other interior improvements of any nature whatsoever, and all exterior improvements including but not limited to landscaping, sidewalks, driveways, parking lots including striping and sealingseating, sprinkler systems, lighting, ponds, fountains, waterways, and drains. Tenant shall agrees to provide carpet xxxxxxx under all rolling chairs or to otherwise be required to have the HVAC system serviced by a licensed HVAC contractor (approved by Landlord) at the earlier frequency of (a) the periodic servicing recommended by the manufacturer of such equipment in its written maintenance specifications or (b) semiannually throughout the Term responsible for wear and tear of the Lease, carpet caused by such rolling chairs if such wear and shall submit to Landlord copies of all related service reports within thirty (30) days of receipt and any repairs reports if requested tear excess that caused by Landlord. Furthermore, Tenant shall inform Landlord normal tool traffic in writing of the periodic service recommendations by the respective manufacturer within thirty (30) days of Tenant’s receipt of such informationsurrounding areas. Areas of excessive wear shall be replaced at all Tenant’s sole expense upon Lease termination. Tenant hereby waives all rights under, and benefits of, Subsection 1 of Section 1932 and Section 1941 1341 and 1942 of the California Civil Code and under any similar similarities law, statute or ordinance now or hereafter in effect. Tenant understands In the event any of the above maintenance responsibilities apply to any other tenant(s) of Landlord where there is common usage with other tenant(s), such maintenance responsibilities and acknowledges that this Lease charges shall be deemed and construed to be a “triple net lease” and during the Initial Term, and any Extended Term(s), of this Lease Tenant shall pay Landlord, the Rent and other payments due hereunder, free of any charges, assessments, impositions, expenses or deductions of any kind and without abatement, deduction or setoff unless otherwise expressly provided in this Lease, and Landlord shall not be expected or required as a result of the relationship between Landlord and Tenant created by this Lease, to be obligated to make any payment to or on behalf of Tenant or be under any other obligation to Tenant hereunder except allocated to the extent specifically provided in this Lease, leased Premises by square footage or other equitable and Tenant agrees to pay all costs and expenses of every kind which may arise or become due from Tenant under the provisions of this Lease during the Initial Term and any Extended Term(s). Except as expressly provided in this Lease or the Construction Agreement, Landlord shall not be liable and/or responsible under the provisions of this Lease for contributing any money for any maintenance, repairs and/or replacement of the Premises or any part thereof and as to the maintenance, repairs or replacement obligations of Tenant under this Lease, Tenant waives any and all rights it might otherwise have to assert that such expenditure is more appropriately a Landlord expenditure which should be treated as a capital expenditure and/or to be amortized as an item of Additional Rent hereunder. For example, if during the Lease Term (including any Extended Term(s)), a portion or the entire roof membrane and/or HVAC system needs to be repaired or replaced, such expenditure shall not be treated as a capital expenditure to be borne determined by Landlord, but rather Tenant shall be responsible, upon such occurrence, for bearing the entire cost for such repair and/or replacement. By placing their initials below, both parties acknowledge their understanding and their agreement with the provisions of this Paragraph 8. Initials: DWD Initials: JA Tenant Landlord.

Appears in 1 contract

Samples: Sublease (Protein Design Labs Inc/De)

TENANT MAINTENANCE. Tenant shall, at its sole cost and expense, keep and maintain the Premises (including appurtenances) and every part thereof in a good high standard of maintenance and repair, or replacement, and in good and sanitary condition and repaircondition. Tenant’s maintenance, maintenance and repair and replacement responsibilities herein referred to include, but are not limited to, janitorization, all windows (interior and exterior), window frames, plate glass and glazing (destroyed by accident or act of third parties), truck doors, plumbing systems (such as water and drain lines, sinks, toilets, faucets, drains, showers and water fountains), electrical systems (such as panels, conduits, outlets, lighting fixtures, lamps, bulbs, tubes and ballasts), heating and air conditioning airconditioning systems (such as compressors, fans, air handlers, ducts, mixing boxes, thermostats, time clocks, boilers, heaters, supply and return grills), structural elements and exterior surfaces of the Buildingbuilding, store fronts, roofs, downspouts, all interior improvements within the Premises premises including but not limited to wall coverings, window coverings, carpet, floor coverings, partitioning, ceilings, doors (both interior and exterior), including closing mechanisms, latches and latches, locks, skylights (if any), automatic fire extinguishing systems, and elevators and all other interior improvements of any nature whatsoever, and all exterior improvements including but not limited to landscaping, sidewalks, driveways, parking lots including striping and sealing, sprinkler systems, lighting, ponds, fountains, waterways, and drains. Tenant shall agrees to provide carpet sxxxxxx under all rolling chairs or to otherwise be required to have the HVAC system serviced by a licensed HVAC contractor (approved by Landlord) at the earlier frequency of (a) the periodic servicing recommended by the manufacturer of such equipment in its written maintenance specifications or (b) semiannually throughout the Term responsible for wear and tear of the Lease, carpet caused by such rolling chairs if such wear and shall submit to Landlord copies of all related service reports within thirty (30) days of receipt and any repairs reports if requested tear exceeds that caused by Landlord. Furthermore, Tenant shall inform Landlord normal foot traffic in writing of the periodic service recommendations by the respective manufacturer within thirty (30) days of Tenant’s receipt of such informationsurrounding areas. Areas of excessive wear shall be replaced at Tenant’s sole expense upon Lease termination. Tenant hereby waives all rights under, and benefits of, Subsection 1 of Section 1932 and Section 1941 and 1942 of the California Civil Code and under any similar law, statute or ordinance now or hereafter in effect. Tenant understands In the event any of the above maintenance responsibilities apply to any other tenant(s) of Landlord where there is common usage with other tenant(s), such maintenance responsibilities and acknowledges that this Lease charges shall be deemed and construed to be a “triple net lease” and during the Initial Term, and any Extended Term(s), of this Lease Tenant shall pay Landlord, the Rent and other payments due hereunder, free of any charges, assessments, impositions, expenses or deductions of any kind and without abatement, deduction or setoff unless otherwise expressly provided in this Lease, and Landlord shall not be expected or required as a result of the relationship between Landlord and Tenant created by this Lease, to be obligated to make any payment to or on behalf of Tenant or be under any other obligation to Tenant hereunder except allocated to the extent specifically provided in this Lease, leased Premises by square footage or other equitable basis as calculated and Tenant agrees to pay all costs and expenses of every kind which may arise or become due from Tenant under the provisions of this Lease during the Initial Term and any Extended Term(s). Except as expressly provided in this Lease or the Construction Agreement, Landlord shall not be liable and/or responsible under the provisions of this Lease for contributing any money for any maintenance, repairs and/or replacement of the Premises or any part thereof and as to the maintenance, repairs or replacement obligations of Tenant under this Lease, Tenant waives any and all rights it might otherwise have to assert that such expenditure is more appropriately a Landlord expenditure which should be treated as a capital expenditure and/or to be amortized as an item of Additional Rent hereunder. For example, if during the Lease Term (including any Extended Term(s)), a portion or the entire roof membrane and/or HVAC system needs to be repaired or replaced, such expenditure shall not be treated as a capital expenditure to be borne determined by Landlord, but rather Tenant shall be responsible, upon such occurrence, for bearing the entire cost for such repair and/or replacement. By placing their initials below, both parties acknowledge their understanding and their agreement with the provisions of this See Paragraph 8. Initials: DWD Initials: JA Tenant Landlord52

Appears in 1 contract

Samples: Lease Agreement (Maxtor Corp)

TENANT MAINTENANCE. Tenant shall, at its sole cost and expense, keep and maintain the non-common areas of the Premises (including appurtenances) and every part thereof in a good high standard of maintenance and repair, or replacement, and in good and sanitary condition and repaircondition. Tenant’s maintenance, repair and replacement responsibilities herein referred to include, but are not limited to, janitorization, all windows (interior and exterior), window frames, plate glass and glazing (destroyed by accident or act of third parties), truck doors, plumbing systems within the Premises located in the Building (such as as: water and drain lines, lines exclusively serving the Premises and the sinks, toilets, faucets, drains, showers toilets and water fountainsheater within and exclusively serving the Premises), electrical systems within the Premises located in the Building (such as panels, conduits, outlets, lighting fixtures, lamps, bulbs, tubes and tubes, ballasts), heating and air air-conditioning systems exclusively servicing the Premises and controls within and exclusively serving the Premises (such as compressors, fans, air handlers, ducts, mixing boxes, thermostats, time clocks, boilers, heaters, supply and return grills), structural elements non-common elevators (if any), and exterior surfaces of the Building, store fronts, roofs, downspouts, all interior improvements within the Premises including but not limited to to: wall coverings, window coverings, carpetacoustical ceilings, floor coveringsvinyl tile, carpeting, partitioning, ceilings, doors (both interior and exterior), including closing mechanisms, latches and locks), skylights (if any), automatic fire extinguishing systems, and elevators and all other interior improvements of any nature whatsoever, and all exterior improvements including but not limited to landscaping, sidewalks, driveways, parking lots including striping and sealing, sprinkler systems, lighting, ponds, fountains, waterways, and drains. Tenant shall be required agrees to have the HVAC system exclusively servicing Tenant’s Premises inspected and serviced by a licensed HVAC contractor (reasonable approved by Landlord) at the earlier frequency Landlord on a quarterly basis and timely have all recommended repairs and replacements made and Tenant shall provide copies of (a) the periodic servicing recommended by the manufacturer of such equipment in its written maintenance specifications or (b) semiannually throughout the Term of the Lease, said inspection and shall submit repair reports to Landlord copies of all related service reports within thirty (30) days of receipt and any repairs reports if requested by Landlord. Furthermore, Tenant shall inform Landlord in writing of the periodic service recommendations by the respective manufacturer within thirty (30) days of Tenant’s receipt of the same. Tenant agrees to provide carpet xxxxxxx under all rolling chairs or to otherwise be responsible for wear and tear of the carpet caused by such informationrolling chairs if such wear and tear exceeds that caused by normal foot traffic in surrounding areas. Areas of excessive wear shall be replaced at Tenant’s sole expense upon Lease termination. Tenant hereby waives all rights underhereunder, and benefits of, Subsection subsection 1 of Section 1932 and Section Sections 1941 and 1942 of the California Civil Code and under any similar law, statute or ordinance now or hereafter in effect. Tenant understands and acknowledges that this Lease shall be deemed and construed to be a “triple net lease” and during the Initial Term, and any Extended Term(s), Multi Tenant/Single Parcel Page 13 of this Lease Tenant shall pay Landlord, the Rent and other payments due hereunder, free of any charges, assessments, impositions, expenses or deductions of any kind and without abatement, deduction or setoff unless otherwise expressly provided in this Lease, and Landlord shall not be expected or required as a result of the relationship between Landlord and Tenant created by this Lease, to be obligated to make any payment to or on behalf of Tenant or be under any other obligation to Tenant hereunder except to the extent specifically provided in this Lease, and Tenant agrees to pay all costs and expenses of every kind which may arise or become due from Tenant under the provisions of this Lease during the Initial Term and any Extended Term(s). Except as expressly provided in this Lease or the Construction Agreement, Landlord shall not be liable and/or responsible under the provisions of this Lease for contributing any money for any maintenance, repairs and/or replacement of the Premises or any part thereof and as to the maintenance, repairs or replacement obligations of Tenant under this Lease, Tenant waives any and all rights it might otherwise have to assert that such expenditure is more appropriately a Landlord expenditure which should be treated as a capital expenditure and/or to be amortized as an item of Additional Rent hereunder. For example, if during the Lease Term (including any Extended Term(s)), a portion or the entire roof membrane and/or HVAC system needs to be repaired or replaced, such expenditure shall not be treated as a capital expenditure to be borne by Landlord, but rather Tenant shall be responsible, upon such occurrence, for bearing the entire cost for such repair and/or replacement. By placing their initials below, both parties acknowledge their understanding and their agreement with the provisions of this Paragraph 8. Initials55 Initial: DWD Initials: JA Tenant Landlord/S/ JA; RP; VP

Appears in 1 contract

Samples: Lease Agreement (Electronics for Imaging Inc)

TENANT MAINTENANCE. Except as otherwise provided for in Paragraph19B (“Compliance”), Tenant shall, at its sole cost and expense, keep and maintain the Premises (including appurtenances) and every part thereof in a good high standard of maintenance and repair, or replacement, and in good and sanitary condition and repaircondition. Tenant’s maintenance, maintenance and repair and replacement responsibilities herein referred to include, but are not limited to, janitorization, all windows (interior and exterior), window frames, plate glass and glazing (destroyed by accident or act of third parties), truck doors, plumbing systems within the non-common areas of the Premises (such as water and drain lines, sinks, toilets, faucets, drains, showers and water fountains), electrical systems within the non-common areas of the Premises (such as panels, conduits, outlets, lighting fixtures, lamps, bulbs, tubes and tubes, ballasts), heating and air air-conditioning systems controls within the non-common areas of the Premises (such as compressors, fans, air handlers, ducts, mixing boxes, thermostats, time clocks, boilers, heaters, supply and return grills), structural elements non-common elevators (if any), and exterior surfaces of the Building, store fronts, roofs, downspouts, all interior improvements within the Premises including but not limited to to: wall coverings, window coverings, carpetacoustical ceilings, floor coveringsvinyl tile, carpeting, partitioning, ceilings, doors Multi Tenant/Single Parcel Page 7 of 23 Initial: BUILDING: West Bayshore PROPERTY: 40-0002 UNIT: 2 LEASE ID: 0002-OPTI01-01 (both interior and exterior), including closing mechanisms, latches and latches, locks), skylights (if any), automatic fire extinguishing systems, and elevators and all other interior improvements of any nature whatsoever, and all exterior improvements including but not limited to landscaping, sidewalks, driveways, parking lots including striping and sealing, sprinkler systems, lighting, ponds, fountains, waterways, and drains. Tenant shall agrees to provide carpet xxxxxxx under all rolling chairs or to otherwise be required to have the HVAC system serviced by a licensed HVAC contractor (approved by Landlord) at the earlier frequency of (a) the periodic servicing recommended by the manufacturer of such equipment in its written maintenance specifications or (b) semiannually throughout the Term responsible for wear and tear of the Lease, carpet caused by such rolling chairs if such wear and shall submit to Landlord copies of all related service reports within thirty (30) days of receipt and any repairs reports if requested tear exceeds that caused by Landlord. Furthermore, Tenant shall inform Landlord normal foot traffic in writing of the periodic service recommendations by the respective manufacturer within thirty (30) days of Tenant’s receipt of such informationsurrounding areas. Areas of excessive wear shall be replaced at Tenant’s sole expense upon Lease termination. Tenant hereby waives all rights underhereunder, and benefits of, Subsection subsection 1 of Section 1932 and Section Sections 1941 and 1942 of the California Civil Code and under any similar law, statute or ordinance now or hereafter in effect. Notwithstanding anything to the contrary in this Xxxxxxxxx 00, Xxxxxxxx shall repair, including replacement related to, damage to the structural shell, foundation, and roof structure (but not the interior improvements, roof membrane, or glazing) of the building leased hereunder at Landlord’s cost, however, Landlord shall amortize the cost of the repair over the useful life of said repair, and Tenant understands and acknowledges that this Lease shall be deemed responsible for paying to Landlord, within thirty days of written notice from Landlord, one hundred percent (100%) of Tenant’s pro rata share of the amortization of said cost over the full Term remaining in the Lease at the time the repair and/or replacement is made; provided Tenant has not caused such damage, in which event Tenant shall be responsible for 100 percent of any such costs and construed expense for repair and/or replacement or damage so caused by the Tenant and shall pay such amount to be Landlord within thirty (30) days of the invoice date. For Example: In the event (i) the roof structure is repaired at a “triple net lease” and during the Initial Termcost of $10,000, and (ii) said repair has a useful life of twenty years, and (iii) Tenant has one year remaining in its Lease Term at the time said repair was made, Tenant would be charged its prorata share of $500 ($10,000 / 20 years x 1 year = $500) as Additional Rent, in which case said amount would be due within thirty (30) days of notice from Landlord. Tenant hereby waives all rights under, and benefits of subsection I of Section 1932 and Sections 1941 and 1942 of the California Civil Code and under any Extended Term(s)similar law, statute or ordinance now or hereafter in effect. Notwithstanding the foregoing, a crack in the foundation or exterior walls, or any other defect in the Building that does not endanger the structural integrity of this Lease the building for which Tenant is or is not responsible, or which is not life-threatening, shall pay Landlord, the Rent and other payments due hereunder, free of any charges, assessments, impositions, expenses or deductions of any kind and without abatement, deduction or setoff unless otherwise expressly provided in this Leasenot be considered material, and Landlord shall may elect, in its sole and absolute discretion, not be expected or required as a result to repair and/or replace the same; however, Landlord may require Tenant to repair and/or replace the same at Tenant’s sole cost and expense, within thirty days of written notice from Landlord, if Tenant is responsible. In the event the Term of the relationship between Lease is extended for any reason whatsoever, Tenant’s pro rata share of the earlier repair and/or replacement cost shall be increased to include the additional amount payable to Landlord due to the Extended Term of the Lease. For Example: In the event: (i) the roof structure was repaired as illustrated above; and (ii) this Lease is extended for an additional five year period, Tenant created by this Lease, to would be obligated to make any liable for an additional payment to or on behalf Landlord of Tenant or $2,500 as Additional Rent. Said payment would be under any other obligation to Tenant hereunder except to due in full immediately upon Tenant’s execution of a Lease Amendment memorializing the extent specifically provided in this Lease, and Tenant agrees to pay all costs and expenses of every kind which may arise or become due from Tenant under the provisions of this Lease during the Initial Term and any Extended Term(s). Except as expressly provided in this Lease or the Construction Agreement, Landlord shall not be liable and/or responsible under the provisions of this Lease for contributing any money for any maintenance, repairs and/or replacement extension of the Premises or any part thereof and as to the maintenance, repairs or replacement obligations of Tenant under this Lease, Tenant waives any and all rights it might otherwise have to assert that such expenditure is more appropriately a Landlord expenditure which should be treated as a capital expenditure and/or to be amortized as an item of Additional Rent hereunder. For example, if during the Lease Term (including any Extended Term(s)), a portion or the entire roof membrane and/or HVAC system needs to be repaired or replaced, such expenditure shall not be treated as a capital expenditure to be borne by Landlord, but rather Tenant shall be responsible, upon such occurrence, for bearing the entire cost for such repair and/or replacement. By placing their initials below, both parties acknowledge their understanding and their agreement with the provisions of this Paragraph 8. Initials: DWD Initials: JA Tenant LandlordTerm.

Appears in 1 contract

Samples: Lease Agreement (Opti Inc)

TENANT MAINTENANCE. Tenant shall, at its sole cost and expense, keep and maintain the Premises (including appurtenances) and every part thereof in a good high standard of maintenance and repair, or replacement, and in good and sanitary condition and repaircondition. Tenant’s maintenance, maintenance and repair and replacement responsibilities herein referred to include, but are not limited to, janitorization, all windows (interior and exterior), window frames, plate glass and glazing (destroyed by accident or act of third parties), truck doors, plumbing systems (such as water and drain lines, sinks, toilets, faucets, drains, showers and water fountains), electrical systems (such as panels, conduits, outlets, lighting fixtures, lamps, bulbs, tubes and ballasts), heating and air conditioning systems (such as compressors, fans, air handlers, ducts, mixing boxes, thermostats, time clocks, boilers, boilers heaters, supply and return grills), structural elements and exterior surfaces of the Buildingbuilding, store fronts, roofs, downspouts, all interior improvements within the Premises premises including but not limited to wall coverings, window coverings, carpet, floor coverings, partitioning, ceilings, doors (both interior and exterior), including closing mechanisms, latches and latches, locks, skylights (if any), automatic fire extinguishing systems, and elevators and all other interior improvements of any nature whatsoever, and all exterior improvements including but not limited to landscaping, sidewalks, driveways, parking lots including striping and sealing, sprinkler systems, lighting, ponds, fountains, waterways, and drains. Tenant shall agrees to provide carpet sxxxxxx under all rolling chairs or to otherwise be required to have the HVAC system serviced by a licensed HVAC contractor (approved by Landlord) at the earlier frequency of (a) the periodic servicing recommended by the manufacturer of such equipment in its written maintenance specifications or (b) semiannually throughout the Term responsible for wear and tear of the Lease, carpet caused by such rolling chairs if such wear and shall submit to Landlord copies of all related service reports within thirty (30) days of receipt and any repairs reports if requested tear exceeds that caused by Landlord. Furthermore, Tenant shall inform Landlord normal foot traffic in writing of the periodic service recommendations by the respective manufacturer within thirty (30) days of Tenant’s receipt of such informationsurrounding areas. Areas of excessive wear shall be replaced at Tenant’s sole expense upon Lease termination. Tenant hereby waives all rights under, and benefits of, Subsection 1 of Section 1932 and Section 1941 and 1942 of the California Civil Code and under any similar law, statute or ordinance now or hereafter in effect. Tenant understands In the event any of the above maintenance responsibilities apply to any other tenant(s) of Landlord where there is common usage with other tenant(s), such maintenance responsibilities and acknowledges that this Lease charges shall be deemed and construed to be a “triple net lease” and during the Initial Term, and any Extended Term(s), of this Lease Tenant shall pay Landlord, the Rent and other payments due hereunder, free of any charges, assessments, impositions, expenses or deductions of any kind and without abatement, deduction or setoff unless otherwise expressly provided in this Lease, and Landlord shall not be expected or required as a result of the relationship between Landlord and Tenant created by this Lease, to be obligated to make any payment to or on behalf of Tenant or be under any other obligation to Tenant hereunder except allocated to the extent specifically provided in this Lease, leased Premises by square footage or other equitable basis as calculated and Tenant agrees to pay all costs and expenses of every kind which may arise or become due from Tenant under the provisions of this Lease during the Initial Term and any Extended Term(s). Except as expressly provided in this Lease or the Construction Agreement, Landlord shall not be liable and/or responsible under the provisions of this Lease for contributing any money for any maintenance, repairs and/or replacement of the Premises or any part thereof and as to the maintenance, repairs or replacement obligations of Tenant under this Lease, Tenant waives any and all rights it might otherwise have to assert that such expenditure is more appropriately a Landlord expenditure which should be treated as a capital expenditure and/or to be amortized as an item of Additional Rent hereunder. For example, if during the Lease Term (including any Extended Term(s)), a portion or the entire roof membrane and/or HVAC system needs to be repaired or replaced, such expenditure shall not be treated as a capital expenditure to be borne determined by Landlord, but rather Tenant shall be responsible, upon such occurrence, for bearing the entire cost for such repair and/or replacement. By placing their initials below, both parties acknowledge their understanding and their agreement with the provisions of this See Paragraph 8. Initials: DWD Initials: JA Tenant Landlord53

Appears in 1 contract

Samples: Lease Agreement (Maxtor Corp)

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