Tenant Repairs and Maintenance. All damage, other than that which Landlord undertakes to repair in Section 8.1 and incurred after the Commencement Date will be promptly repaired and all maintenance will be performed and replacements and renewals will be made to the extent necessary to restore the Leased Premises to the condition existing on the Commencement Date, except for reasonable wear and tear, by Tenant at Tenant's sole cost and expense, including without limitation all other maintenance and repairs necessary or appropriate to cause the Leased Premises to remain suitable for Tenant's intended commercial purpose and occupancy. Without limitation of the preceding sentence, Tenant shall be responsible for repairing all damage to the Leased Premises caused by one or more negligent acts or omissions of Tenant, its agents, employees, customers or invitees, or any burglar or other unauthorized entrant, or any other person except for damage caused by Landlord or of Landlord's agents, employees or contractors as hereinafter expressly provided All damage to the Leased Premises caused by Landlord or its agents, employees or contractors shall be repaired by Landlord in accordance with its obligations under Section 8.1 hereof unless such damage is caused by Landlord (i) in the exercise of its rights under Section 8.4(b) or any other provision of this Lease allowing Landlord to cure any defaults of Tenant, or (ii) in connection with its entry upon the Leased Premises after the occurrence of an Event of Default under this Lease, in which cases (either (i) or (ii) of the preceding) Tenant shall be obligated to promptly complete all such repairs and replacements necessary as a result of any such damage unless such damage was caused by the gross negligence or willful misconduct of Landlord or its agents, employees or contractors.
Appears in 3 contracts
Samples: Lease Agreement (Egl Inc), Lease Agreement (Egl Inc), Lease Agreement (Egl Inc)
Tenant Repairs and Maintenance. All damageTenant shall, other than that at its expense, throughout the Term, (i) maintain and preserve, in first-class condition (subject to normal and customary wear and tear), the Premises and the fixtures and appurtenances therein (including, but not limited to, the Premises' plumbing and HV AC systems, all doors, overhead or otherwise, glass and levelers located in the Premises or otherwise available in the Property for Tenant's sole use; and excluding, however, those components of the Premises for which Landlord undertakes is expressly responsible under Section 13.2); and (ii) maintain, in full force and effect, a preventative maintenance and service contract with a reputable 'service provider for maintenance of the HV AC systems of the Premises. Tenant shall also be responsible for all cost and expenses incurred to repair in Section 8.1 and incurred after the Commencement Date will be promptly repaired perform any and all maintenance will be performed repairs and replacements (whether structural or non-structural; interior or exterior; and renewals will be made ordinary or extraordinary), in and to the Premises and the Property and the facilities and systems thereof, if and to the extent necessary to restore that the Leased Premises to need for such repairs or replacements arises directly or indirectly from any or all of: (a) the condition existing on performance or existence of any Alterations, (b) the Commencement Dateinstallation, except for reasonable wear and tear, by Tenant at use or operation of Tenant's sole cost and expenseProperty in the Premises, including without limitation all other maintenance and repairs necessary or appropriate to cause (c) the Leased Premises to remain suitable for moving of Tenant's intended commercial purpose and occupancy. Without limitation Property in or out of the preceding sentenceProperty, Tenant shall be responsible for repairing all damage to the Leased Premises caused by one and (d) any act, omission, misuse, or more negligent acts or omissions neglect of Tenant, any of its agents, employees, customers or inviteessubtenants, or others entering into the Premises by act or omission of Tenant or any burglar subtenant. Any repairs or replacements required to be made by Tenant to any or all of the structural components of the property and the :mechanical, electrical, sanitary; HVAC, or other unauthorized entrantsystems of the Property or Premises shall be performed by appropriately licensed contractors approved by Landlord, which approval shall not be unreasonably withheld. All such repairs or any other person except for damage caused by Landlord or replacements shall be subject to the supervision and control of Landlord's agents, employees or contractors as hereinafter expressly provided All damage to the Leased Premises caused by Landlord or its agents, employees or contractors shall be repaired by Landlord in accordance with its obligations under Section 8.1 hereof unless such damage is caused by Landlord (i) in the exercise of its rights under Section 8.4(b) or any other provision of this Lease allowing Landlord to cure any defaults of Tenant, or (ii) in connection with its entry upon the Leased Premises after the occurrence of an Event of Default under this Lease, in which cases (either (i) or (ii) of the preceding) Tenant shall be obligated to promptly complete and all such repairs and replacements necessary as a result shall be made with materials of any such damage unless such damage was caused by equal or better quality than the gross negligence items being repaired or willful misconduct of Landlord or its agents, employees or contractorsreplaced.
Appears in 3 contracts
Samples: Industrial Building Lease (Natural Golf Corp), Lease Agreement (Wentworth Ii Inc), Industrial Building Lease (Natural Golf Corp)
Tenant Repairs and Maintenance. All damageTenant shall, other than that at its expense, throughout the Term, (i) maintain and preserve, in good condition and repair and in proper working order (subject to normal and customary wear and tear), the Premises and the fixtures and appurtenances therein which exclusively serve the Premises (including, but not limited to, the Premises’ plumbing and HVAC systems, all doors, overhead or otherwise, glass and levelers located in the Premises or otherwise available in the Property for Tenant’s sole use; and excluding, however, those components of the Premises for which Landlord undertakes is expressly responsible under Section 13.2); and (ii) except to the extent Landlord elects to repair and maintain the HVAC systems as part of General Maintenance Services (as hereinafter defined), maintain, in Section 8.1 full force and incurred effect, a preventative maintenance and service contract with a reputable service provider for maintenance of the HVAC systems of the Premises (a copy of which service agreement shall be provided to Landlord within fifteen (15) days after the Commencement Date will Date). Tenant shall also be promptly repaired responsible for all costs and expenses incurred to perform any and all maintenance will be performed repairs and replacements (whether structural or non-structural; interior or exterior; and renewals will be made ordinary or extraordinary), in and to the Premises and the Property and the facilities and systems thereof; if and to the extent necessary to restore that the Leased need for such repairs or replacements arises directly or indirectly from any or all of: (a) the performance or existence of any Alterations, (b) the installation, use or operation of Tenant’s Property in the Premises, (c) the moving of Tenant’s Property in or out of the Property, and (d) any act, omission, misuse, or neglect of Tenant, any of its subtenants, or others entering into the Premises by act or omission of Tenant or any subtenant (except to the condition existing extent Landlord has waived claims against Tenant therefor under Section 10.3 hereof). Any repairs or replacements required to be made by Tenant to any or all of the structural components of the Property and the mechanical, electrical, sanitary, HVAC, or other systems of the Property or Premises shall be performed by appropriately licensed contractors approved by Landlord, which approval shall not be unreasonably withheld. All such repairs or replacements shall be subject to the supervision and control of Landlord, and all repairs and replacements shall be made with materials of equal or better quality than the items being repaired or replaced. Notwithstanding any of the foregoing, however, from time to time during the Term, Landlord may elect, in its sole discretion and by delivery of written notice to Tenant and with Tenant’s prior written consent, which shall not be unreasonably withheld, to perform on behalf of Tenant, all or some portion of the Commencement Daterepairs, maintenance, restoration and replacement in and to the Premises required to be performed by Tenant under this Lease (any such repairs, maintenance, restoration and/or replacement activities that Landlord elects to perform on behalf of Tenant are herein collectively referred to as “General Maintenance Services”). Tenant shall reimburse Landlord for the cost of all General Maintenance Services provided by Landlord as Additional Rent simultaneously with the payment of Operating Expenses as part of Estimated Additional Rent (on a monthly estimated basis subject to annual reconciliation as described in Section 3.3 above). Unless and until Landlord affirmatively elects to provide General Maintenance Services, nothing contained herein shall be construed to obligate Landlord to perform any General Maintenance Services or, except for reasonable wear and tearas otherwise expressly provided in Section 13.2, by to repair, maintain, restore or replace any portion of the Premises. Landlord may from time to time, in its sole discretion, (x) reduce or expand the scope of the General Maintenance Services that Landlord has elected to provide (provided Landlord may not expand the scope thereof without Tenant’s prior written consent), or (y) revoke its election to provide any or all of the General Maintenance Services, in either event, upon delivery of not less than thirty (30) days’ prior written notice to Tenant. If Landlord does not elect to repair, maintain and/or replace the HVAC systems as part of General Maintenance Services, or revokes such election at any time after having made such election, Tenant at Tenant's sole cost and expense, including without limitation all other shall enter into a preventative maintenance and repairs necessary or appropriate to cause the Leased Premises to remain suitable service contract with a reputable service provider for Tenant's intended commercial purpose and occupancy. Without limitation maintenance of the preceding sentenceHVAC systems of the Premises, Tenant a copy of which agreement shall be provided to Landlord. Notwithstanding the foregoing, Landlord shall be responsible for repairing all damage to the Leased Premises caused by one any cost or more negligent acts or omissions of Tenant, its agents, employees, customers or invitees, or any burglar or other unauthorized entrant, or any other person except for damage caused by Landlord or of Landlord's agents, employees or contractors as hereinafter expressly provided All damage to the Leased Premises caused by Landlord or its agents, employees or contractors shall be repaired by Landlord in accordance with its obligations under Section 8.1 hereof unless such damage is caused by Landlord (i) in the exercise of its rights under Section 8.4(b) or any other provision of this Lease allowing Landlord to cure any defaults of Tenant, or (ii) in connection with its entry upon the Leased Premises after the occurrence of an Event of Default under this Lease, in which cases (either (i) or (ii) of the preceding) Tenant shall be obligated to promptly complete all such repairs and replacements necessary expense incurred as a result of any such damage unless such damage was caused by the gross negligence or willful misconduct Premises not being in the condition, repair and order specified in Section 5 hereof as of Landlord or its agentsthe Phase I Premises Commencement Date, employees or contractorsPhase II Premises Commencement Date, and Phase III Premises Commencement Date, respectively, as applicable.
Appears in 2 contracts
Samples: Industrial Building Lease (Wornick CO Right Away Division, L.P.), Industrial Building Lease (TWC Holding Corp.)
Tenant Repairs and Maintenance. All damageTenant shall, other than that which Landlord undertakes to repair at its expense, throughout the Term, maintain and preserve (but not replace), in Section 8.1 and incurred after the Commencement Date will be promptly repaired and all maintenance will be performed and replacements and renewals will be made to the extent necessary to restore the Leased Premises to the working condition existing on the Commencement Date, (except for reasonable normal and customary wear and tear, damage by fire, casualty or condemnation and repairs which are the responsibility of Landlord), the interior non-structural portions of the Premises and the fixtures and appurtenances therein (including, but not limited to, the Premises’ plumbing and HVAC systems, all doors, dock, overhead or otherwise, glass and levelers located in the Premises or otherwise available in the Property for Tenant’s sole use; and excluding, however, those components of the Premises for which Landlord is expressly responsible under Section 13.2). Tenant shall also be responsible for all cost and expenses incurred to perform any and all repairs and replacements (whether structural or non-structural; interior or exterior; and ordinary or extraordinary), in and to the Premises and the Property and the facilities and systems thereof, if and to the extent that the need for such repairs or replacements arises directly or indirectly from any or all of: (a) the performance or existence of any Alterations, (b) the installation, use or operation of Tenant’s Property in the Premises, (c) the moving of Tenant’s Property in or out of the Property, and (d) any act, omission, misuse, or neglect of Tenant, any of its subtenants, or others entering into the Premises by act or omission of Tenant or any subtenant. Any repairs or replacements required to be made by Tenant at Tenant's to any or all of the structural components of the Property and the mechanical, electrical, sanitary, HVAC, or other systems of the Property or Premises shall be performed by appropriately licensed contractors. Notwithstanding the foregoing, the following repairs shall remain Landlord’s sole cost and expenseresponsibility; (x) all maintenance, including without limitation repair and replacement to the roof, outer walls, concrete slab, foundation and all other maintenance and repairs necessary or appropriate to cause the Leased Premises to remain suitable for Tenant's intended commercial purpose and occupancy. Without limitation structural portions of the preceding sentence, Tenant Building containing the Premises which shall be responsible for repairing all damage necessary to maintain the Leased Premises caused by one Building in good order and repair; or more negligent acts or omissions (y) any replacement of Tenantthe electrical system, its agents, employees, customers or invitees, or any burglar or other unauthorized entrantthe HVAC, or any other person except for damage structural portions of the Premises, provided, the same is not caused by Landlord or of Landlord's agents, employees or contractors as hereinafter expressly provided All damage to the Leased Premises caused by Landlord or its agents, employees or contractors shall be repaired by Landlord in accordance with its obligations under Section 8.1 hereof unless such damage is caused by Landlord (i) in the exercise of its rights under Section 8.4(b) or any other provision of this Lease allowing Landlord to cure any defaults of Tenant, or (ii) in connection with its entry upon the Leased Premises after the occurrence of an Event of Default under this Lease, in which cases (either (i) or (ii) ’s unreasonable use of the preceding) Tenant shall be obligated to promptly complete all such repairs and replacements necessary as a result of any such damage unless such damage was caused by the gross negligence Premises or willful misconduct of Landlord or its agents, employees or contractorsnegligence.
Appears in 2 contracts
Samples: Industrial Building Lease (Gordmans Stores, Inc.), Industrial Building Lease (Gordmans Stores, Inc.)
Tenant Repairs and Maintenance. All damageTenant shall, other than that which Landlord undertakes to repair in Section 8.1 and incurred after the Commencement Date will be promptly repaired and all maintenance will be performed and replacements and renewals will be made to the extent necessary to restore the Leased Premises to the condition existing on the Commencement Date, except for reasonable wear and tear, by Tenant at Tenant's ’s sole cost and expense, keep, maintain and, to the extent reasonably required, replace any applicable portions of the Premises (other than those portions of the Premises that Landlord is required to maintain under Sections 8.1 and 8.2), including without limitation but not by way of limitation, all interior walls, doors, ceiling, light bulbs, starters and ballasts, carpets and floor coverings, and heating, ventilation, air-conditioning and other utility and mechanical systems within the Premises to the extent serving the Premises exclusively, in good repair and in a clean and safe condition; provided, that Landlord shall have the right to perform such work on behalf of Tenant in which event Tenant shall reimburse Landlord for the cost thereof promptly upon demand therefor. In addition, if any repair or maintenance and repairs is necessary or appropriate to cause the Leased Premises to remain suitable for Tenant's intended commercial purpose and occupancy. Without limitation of the preceding sentence, Tenant shall be responsible for repairing all damage to the Leased Premises caused by one or more negligent acts or omissions of Tenant, its agents, employees, customers or invitees, or any burglar or other unauthorized entrant, or any other person except for damage caused by Landlord or of Landlord's agents, employees or contractors as hereinafter expressly provided All damage to the Leased Premises caused by Landlord or its agents, employees or contractors shall be repaired by Landlord in accordance with its obligations prudent under Section 8.1 hereof unless such damage is caused by Landlord (i) in the exercise of its rights under Section 8.4(b) or any other provision of this Lease allowing Landlord to cure any defaults of Tenant, or (ii) in connection with its entry upon the Leased Premises after the occurrence of an Event of Default under this Lease, in which cases (either (i) or (ii) of the preceding) Tenant shall be obligated to promptly complete all such repairs and replacements necessary 8.2 as a result of any such damage unless such damage was caused by the gross negligence an act or willful misconduct omission of Landlord Tenant or its agents, employees or contractors, Tenant shall reimburse Landlord for the entire cost of any such repair or maintenance immediately upon written demand therefor. Except in an emergency or to the extent required to comply with applicable laws, Landlord shall not commence such repairs or maintenance prior to providing Tenant with a notice and opportunity to make such repairs consistent with the notice procedures contained in Section 8.1(b). Upon expiration or earlier termination of the Term, Tenant shall surrender the Premises to Landlord in the same condition as when leased, reasonable wear and tear and damage by fire or other casualty not required to be repaired by Tenant pursuant to this Lease excepted. Tenant shall not be required to replace the carpets and floor coverings at the expiration of the Term of this Lease.
Appears in 1 contract
Samples: Lease Agreement (Planar Systems Inc)
Tenant Repairs and Maintenance. All damageExcept as otherwise set forth in Sections 8.01 and 8.02 above, other than that which Landlord undertakes to repair in Section 8.1 and incurred after the Commencement Date will be promptly repaired and all maintenance will be performed and replacements and renewals will be made to the extent necessary to restore the Leased Premises to the condition existing on the Commencement DateTenant shall, except for reasonable wear and tear, by Tenant at Tenant's sole cost and expense, keep, maintain and, to the extent reasonably required, replace the entire Premises, including without limitation but not by way of limitation, all interior walls, doors, ceiling, fixtures, furnishings, drapes, specialty lamps, light bulbs, starters and ballasts, subfloors, carpets and floor coverings, and heating, ventilation, air-conditioning and other utility and mechanical systems within the Premises to the extent serving the Premises exclusively, in good repair and in a clean and safe condition; provided that, upon five (5) days written notice to Tenant, Landlord shall have the right to perform such work on behalf of Tenant in which event Tenant shall reimburse Landlord for the cost thereof promptly upon demand therefor. In addition, if any repair or maintenance and repairs is necessary or appropriate to cause the Leased Premises to remain suitable for Tenant's intended commercial purpose and occupancy. Without limitation of the preceding sentence, Tenant shall be responsible for repairing all damage to the Leased Premises caused by one prudent under Sections 8.01 or more negligent acts or omissions of Tenant, its agents, employees, customers or invitees, or any burglar or other unauthorized entrant, or any other person except for damage caused by Landlord or of Landlord's agents, employees or contractors as hereinafter expressly provided All damage to the Leased Premises caused by Landlord or its agents, employees or contractors shall be repaired by Landlord in accordance with its obligations under Section 8.1 hereof unless such damage is caused by Landlord (i) in the exercise of its rights under Section 8.4(b) or any other provision of this Lease allowing Landlord to cure any defaults of Tenant, or (ii) in connection with its entry upon the Leased Premises after the occurrence of an Event of Default under this Lease, in which cases (either (i) or (ii) of the preceding) Tenant shall be obligated to promptly complete all such repairs and replacements necessary 8.02 as a result of any such damage unless such damage was caused by the gross negligence an act or willful misconduct omission of Landlord Tenant or its agents, employees or contractors, Tenant shall reimburse Landlord for the entire cost of any such repair or maintenance immediately upon written demand therefor. Upon expiration or earlier termination of the Term, Tenant shall surrender the Premises to Landlord in the same condition as when leased, reasonable wear and tear, permanent improvements existing in the Premises as of the Commencement Date or thereafter approved by Landlord (except to the extent Landlord gives notice to Tenant at the time of approval of any such future improvements (including without limitation the improvements constructed by Tenant pursuant to Section 3.02 above) that Tenant will be required to remove and restore the same upon expiration or termination of this Lease), and damage by fire or other casualty not required to be repaired by Tenant pursuant to this Lease excepted.
Appears in 1 contract
Samples: Lease Agreement (Lumera Corp)
Tenant Repairs and Maintenance. All damageExcept as otherwise set forth in Sections 8.01 and 8.02 above, other than that which Landlord undertakes to repair in Section 8.1 and incurred after the Commencement Date will be promptly repaired and all maintenance will be performed and replacements and renewals will be made to the extent necessary to restore the Leased Premises to the condition existing on the Commencement DateTenant shall, except for reasonable wear and tear, by Tenant at Tenant's ’s sole cost and expense, keep, maintain and, to the extent reasonably required, replace the entire Premises, including without limitation but not by way of limitation, all other interior walls, doors, ceiling, fixtures, furnishings, drapes, specialty lamps, light bulbs, starters and ballasts, subfloors, carpets and floor coverings, in good repair and in a clean and safe condition; provided that Landlord shall have the right to perform such work on behalf of Tenant in which event Tenant shall reimburse Landlord for the cost thereof promptly upon demand therefor. In addition, if any repair or maintenance and repairs is necessary or appropriate to cause the Leased Premises to remain suitable for Tenant's intended commercial purpose and occupancy. Without limitation of the preceding sentence, Tenant shall be responsible for repairing all damage to the Leased Premises caused by one prudent under Sections 8.01 or more negligent acts or omissions of Tenant, its agents, employees, customers or invitees, or any burglar or other unauthorized entrant, or any other person except for damage caused by Landlord or of Landlord's agents, employees or contractors as hereinafter expressly provided All damage to the Leased Premises caused by Landlord or its agents, employees or contractors shall be repaired by Landlord in accordance with its obligations under Section 8.1 hereof unless such damage is caused by Landlord (i) in the exercise of its rights under Section 8.4(b) or any other provision of this Lease allowing Landlord to cure any defaults of Tenant, or (ii) in connection with its entry upon the Leased Premises after the occurrence of an Event of Default under this Lease, in which cases (either (i) or (ii) of the preceding) Tenant shall be obligated to promptly complete all such repairs and replacements necessary 8.02 as a result of any such damage unless such damage was caused by the gross negligence an act or willful misconduct omission of Landlord Tenant or its agents, employees or contractors., Tenant shall reimburse Landlord for the entire cost of any such repair or maintenance immediately upon written demand therefor except to the extent such cost is reimbursed through Landlord’s insurance. Upon expiration or earlier termination of the Term, Tenant shall surrender the Premises to Landlord in the same condition as when leased, reasonable wear and tear, damage by fire or other casualty not required to be repaired by Tenant pursuant to this Lease, and Alterations permitted to be surrendered with the Premises excepted. SCHNITZER-STANDARD FORM OFFICE LEASE 18
Appears in 1 contract
Samples: Lease Agreement (Avi Biopharma Inc)