Common use of Tenant Repairs Clause in Contracts

Tenant Repairs. To repair, maintain and keep the Leased Premises and all trade fixtures and improvements therein in good and substantial repair subject only to defects in construction of the structural members of the Building, reasonable wear and tear and damage by fire, lightning and tempest or other casualty against which the Landlord is insured (herein collectively referred to as "Tenant Repair Exceptions"); and that the Landlord may enter and view state of repair and that the Tenant will repair according to notice in writing, except for Tenant Repair Exceptions and that the Tenant will leave the Leased Premises in good repair, except for Tenant Repair Exceptions. Notwithstanding anything hereinbefore contained, the Landlord may in any event make repairs to the Leased Premises without notice if such repairs are, in the Landlord's opinion, necessary for the protection of the Building and the Tenant covenants and agrees with the Landlord that if the Landlord exercises any such option to repair, the Tenant will pay to the Landlord together with the next instalment of Monthly Rent which shall become due after the exercise of such option all sums which the Landlord shall have expended in making such repairs and that such sums, if not so paid within such time, shall be recoverable from the Tenant as rent in arrears. Provided further that in the event that the Landlord from time to time makes any repairs as hereinbefore provided, the Tenant shall not be deemed to have been relieved from the obligation to repair and leave the Leased Premises in a good state of repair.

Appears in 5 contracts

Samples: Lease Agreement (Newbridge Networks Corp), Lease Agreement (Newbridge Networks Corp), Lease Agreement (PMC Sierra Inc)

AutoNDA by SimpleDocs

Tenant Repairs. To repairTenant shall, maintain and at Tenant’s own expense, keep the Leased Premises Premises, including all improvements, fixtures, furnishings, supplemental/non-Building heating, ventilation (including exhaust) and all trade air conditioning (which Tenant installs as part of the Tenant Improvements) (“Supplemental HVAC”), and systems and equipment therein (including, without limitation, plumbing fixtures and improvements therein equipment such as dishwashers, garbage disposals, and insta‑hot dispensers), and the floor of the Building on which the Premises are located, in good order, repair and substantial repair subject only to defects in construction of the structural members of the Building, reasonable condition as received (ordinary wear and tear and casualty damage excepted) at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time specified by fireLandlord, lightning promptly and tempest adequately repair all damage to the Premises and replace or other casualty against which the Landlord is insured (herein collectively referred to as "Tenant Repair Exceptions"); repair all damaged, broken, or worn fixtures and that the Landlord may enter and view state of repair and that the Tenant will repair according to notice in writingappurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord’s option, or if Tenant Repair Exceptions and that the Tenant will leave the Leased Premises in good repair, except for Tenant Repair Exceptions. Notwithstanding anything hereinbefore contained, the Landlord may in any event fails to make repairs to the Leased Premises without notice if such repairs are(after notice from Landlord a reasonable opportunity to do so), in the Landlord's opinionLandlord may, necessary for the protection of the Building and the Tenant covenants and agrees with the Landlord that if the Landlord exercises any such option to repairbut need not, the Tenant will pay to the Landlord together with the next instalment of Monthly Rent which shall become due after the exercise of such option all sums which the Landlord shall have expended in making make such repairs and that replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such sumsrepairs and replacements forthwith upon being billed for same. Without limitation, if not so paid within such time, Tenant shall be recoverable from responsible for the Tenant as rent in arrears. Provided further that in the event that the Landlord from time to time makes any repairs as hereinbefore provided, the Supplemental HVAC and Tenant shall not be deemed to have been relieved from secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the obligation to repair and leave the Leased Premises in a good state regular maintenance of repairsuch systems.

Appears in 3 contracts

Samples: Lease Agreement (Precision Biosciences Inc), Lease (Precision Biosciences Inc), Lease (Precision Biosciences Inc)

Tenant Repairs. To repairTenant shall, at all times throughout the term of this Lease, including renewals and extensions, and at its sole expense, keep and maintain the Premises in a clean, safe, sanitary and first class condition and in compliance with all applicable laws, codes, ordinances, rules and regulations. Tenant's obligations hereunder shall include, but not be limited to, the maintenance, repair and replacement, if necessary, of all heating, ventilation, air conditioning, lighting and plumbing fixtures and equipment, fixtures, motors and machinery, all interior walls, partitions, doors and windows, including the regular painting thereof, all exterior entrances, windows, doors and docks and the replacement of all broken glass. When used in this provision, the term "repairs" shall include replacements or renewals when necessary, and all such repairs made by the Tenant shall be equal in quality and class to the original work. The Tenant shall keep and maintain all portions of the Leased Premises and all trade the sidewalk and areas adjoining the same in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice. If Tenant fails, refuses or neglects to maintain or repair the Premises as required in this Lease after notice shall have been given Tenant, in accordance with this Lease, Landlord may make such repairs without liability to Tenant for any loss or damage that may accrue to Tenant's merchandise, fixtures and improvements therein in good and substantial repair subject only to defects in construction of the structural members of the Building, reasonable wear and tear and damage by fire, lightning and tempest or other casualty against which the Landlord is insured (herein collectively referred property or to as "Tenant's business by reason thereof, and upon completion thereof, Tenant Repair Exceptions"); and that the Landlord may enter and view state of repair and that the Tenant will repair according to notice in writing, except for Tenant Repair Exceptions and that the Tenant will leave the Leased Premises in good repair, except for Tenant Repair Exceptions. Notwithstanding anything hereinbefore contained, the Landlord may in any event make repairs to the Leased Premises without notice if such repairs are, in the Landlord's opinion, necessary for the protection of the Building and the Tenant covenants and agrees with the Landlord that if the Landlord exercises any such option to repair, the Tenant will shall pay to the Landlord together with the next instalment of Monthly Rent which shall become due after the exercise of such option all sums which the costs plus fifteen percent (15%) for overhead incurred by Landlord shall have expended in making such repairs and that such sums, if not so paid within such time, shall be recoverable from the upon presentation to Tenant as rent in arrears. Provided further that in the event that the Landlord from time to time makes any repairs as hereinbefore provided, the Tenant shall not be deemed to have been relieved from the obligation to repair and leave the Leased Premises in a good state of repairxxxx therefor.

Appears in 3 contracts

Samples: Lease Agreement (Bio Vascular Inc), Lease (Micro Component Technology Inc), Commercial Lease (Thermoview Industries Inc)

Tenant Repairs. To repair, maintain and keep the Leased Premises and all trade fixtures and improvements therein in good and substantial repair subject only to defects in construction of the structural members of the Building, reasonable wear and tear and damage by fire, lightning and tempest or other casualty against which the Landlord is insured (herein collectively referred to as "Tenant Repair Exceptions"); and that the Landlord may enter and view state of repair and that the Tenant will repair according to notice in writing, except for Tenant Repair Exceptions and that the Tenant will leave the Leased Premises in good repair, except for Tenant Repair Exceptions. Notwithstanding anything hereinbefore contained, the Landlord may in any event make repairs to the Leased Premises without notice if such repairs are, in the Landlord's ’s opinion, necessary for the protection of the Building and the Tenant covenants and agrees with the Landlord that if the Landlord exercises any such option to repair, the Tenant will pay to the Landlord together with the next instalment of Monthly Rent which shall become due after the exercise of such option all sums which the Landlord shall have expended in making such repairs and that such sums, if not so paid within such time, shall be recoverable from the Tenant as rent in arrears. Provided further that in the event that the Landlord from time to time makes any repairs as hereinbefore provided, the Tenant shall not be deemed to have been relieved from the obligation to repair and leave the Leased Premises in a good state of repair.

Appears in 3 contracts

Samples: Lease Agreement (VeriChip CORP), Lease Agreement (Coley Pharmaceutical Group, Inc.), Lease Agreement (Coley Pharmaceutical Group, Inc.)

Tenant Repairs. To repair(i) Tenant agrees that, from and after the commencement date of the term of this lease and until the end of the term, it will, at its expense, keep and maintain and keep the Leased Premises and all trade fixtures and improvements therein in good order, condition and substantial repair subject only to defects in construction (whether extraordinary, foreseen or unforeseen), the interior of the structural members demised premises and every part thereof, including but not limited to, all heating, ventilation and air conditioning equipment located in or servicing the demised premises (including the air conditioner compressor, lines and ducts which may be located elsewhere in the building or on the land), interior plumbing up to the exterior walls of the Buildingdemised premises, reasonable wear including changes or additions to the sprinkler system and tear interior electrical repairs, and damage by fireplate glass, lightning excluding those repairs and tempest or other casualty against replacements for which the Landlord is insured responsible, as herein expressly provided in paragraph 49th below. In addition, Tenant shall make all repairs and replacements of any kind and nature necessitated by any act or neglect of Tenant, its contractors, its servants, agents or employees. Tenant shall maintain service contracts with contractors approved by Landlord for the maintenance of the heating and air condition systems throughout the term of this lease and shall provide Landlord with copies of all such contracts. (herein collectively referred to ii) If Tenant does not maintain or repair such elements as "Tenant Repair Exceptions"); and that the Landlord may enter and view state of repair and that the Tenant will repair according to notice provided in writing, except for Tenant Repair Exceptions and that the Tenant will leave the Leased Premises in good repair, except for Tenant Repair Exceptions. Notwithstanding anything hereinbefore containedthis Article, the Landlord may in any event make repairs to the Leased Premises without may, but shall not be obligated to, after not less than five (5) days additional notice if such repairs are, (except in the Landlord's opinion, case of emergency) make the necessary for repair or cure the protection defective condition at the expense of the Building Tenant and the Tenant covenants and agrees with shall reimburse Landlord promptly upon request therefor. The amount of such reimbursement shall be considered additional rent upon the Landlord that if the Landlord exercises any such option to repair, failure of the Tenant will pay to the reimburse Landlord together with the next instalment within five (5) days of Monthly Rent which shall become due after the exercise of such option all sums which the Landlord shall have expended in making such repairs and that such sums, if not so paid within such time, shall be recoverable from the Tenant as rent in arrears. Provided further that in the event that the Landlord from time to time makes any repairs as hereinbefore provided, the Tenant shall not be deemed to have been relieved from the obligation to repair and leave the Leased Premises in a good state of repairdemand thereof.

Appears in 2 contracts

Samples: Lease Agreement (Firetector Inc), Credit Agreement (Firetector Inc)

Tenant Repairs. To Except as otherwise set forth in this Lease, Tenant, at its expense, shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Premises, and Landlord shall not be required to make any repair, whether foreseen or unforeseen, or to maintain and keep the Leased Premises and all trade fixtures and improvements therein in good and substantial repair subject only to defects in construction any of the structural members Premises in any way. In addition, Tenant shall repair or replace, subject to Landlord’s direction and supervision, any damage to the Site caused by Tenant, any assignees claiming by, through, or under Tenant, any subtenants claiming by, through, or under Tenant, and any of their respective agents, contractors, employees and invitees, except to the Buildingextent covered by insurance hereunder. Any repair or replacement shall be performed at the Tenant’s expense by contractors approved by Landlord, reasonable wear and tear and damage or at Landlord’s option, by fire, lightning and tempest or other casualty against which the Landlord is insured (herein collectively referred to as "Tenant Repair Exceptions"); and that the Landlord may enter and view state of Landlord. Such repair and that replacement obligation applies to capital expenditures and repairs whose benefit may extend beyond the Tenant will repair according to notice in writingLease Term. Heating, except for Tenant Repair Exceptions ventilation and that air conditioning (“HVAC”) systems and other mechanical and building systems serving the Tenant will leave the Leased Premises in good repair, except for Tenant Repair Exceptions. Notwithstanding anything hereinbefore contained, the Landlord may in any event make repairs to the Leased Premises without notice if such repairs are, in the Landlord's opinion, necessary for the protection of the Building and the Tenant covenants and agrees with the Landlord that if the Landlord exercises any such option to repair, the Tenant will pay to the Landlord together with the next instalment of Monthly Rent which shall become due after the exercise of such option all sums which the Landlord shall have expended in making such repairs and that such sums, if not so paid within such time, shall be recoverable from the Tenant as rent in arrearsmaintained at Tenant’s expense pursuant to maintenance service contracts entered into by Tenant. Provided further that in The scope of services and contractors under such maintenance contracts shall be reasonably approved by Landlord. In the event that Tenant is required to replace any HVAC unit during the term of this Lease, then the cost of such unit shall be amortized over its useful life as determined in accordance with generally accepted accounting principles, as reasonably determined by Landlord, and if such useful life extends beyond the term of this Lease and all Extension Terms, Landlord shall, upon the termination of this Lease, reimburse Tenant for the unamortized costs of such HVAC unit upon the date of termination. If Tenant fails to perform any repair or replacement for which it is responsible within thirty (30) days after receipt of written notice from time Landlord to time makes do so, Landlord may perform such work and be reimbursed by Tenant within thirty (30) days after written demand therefor. Subject to the Restoration and Condemnation Paragraphs, and any repairs other applicable provisions of this Lease, Tenant shall bear the full cost of any repair or replacement to any part of the Premises that results from damage caused by Tenant, its agents, contractors, or invitees and any repair that benefits only the Premises. If any present or future improvements to the Premises are made or authorized to be made by Tenant, its agents or employees, and such improvements shall encroach upon any property or street adjacent to the Premises, or shall violate any agreement or condition contained in any restrictive covenant affecting or applicable to the Premises, or shall impair the rights of others under any easement or right-of-way to which the Premises are subject, then as hereinbefore providedsoon as reasonably possible after written request of Landlord, Tenant, at its cost and expense, shall take such action as shall be necessary to remove such encroachments or end such violation or impairment. Notwithstanding the foregoing, Tenant shall not be deemed required to have been relieved from the obligation remove any such encroachments if Tenant has or obtains such easements, licenses or similar rights as may be necessary to repair and leave the Leased Premises in a good state of repairpermit such encroachments to remain.

Appears in 2 contracts

Samples: Lease Agreement (Ulta Salon, Cosmetics & Fragrance, Inc.), Lease Agreement (Ulta Salon, Cosmetics & Fragrance, Inc.)

Tenant Repairs. To repair(a) Except as expressly provided in Section 7.1, Tenant covenants and agrees that, from and after the date that the possession of the Premises is delivered to Tenant and until the end of the Lease Term, Tenant, at its expense, will keep neat and clean and maintain in good order, condition and keep repair the Leased Premises and every part thereof, and will make all trade fixtures and improvements therein in good and substantial repair subject required repairs thereto and/or replacements of portions thereof, excepting only to defects in construction those repairs for which Landlord is responsible under the terms of the structural members of the Buildingthis Lease, reasonable wear and tear of the Premises, and damage by fire, lightning and tempest fire or other casualty against which or as a consequence of the Landlord is insured (herein collectively referred to as "Tenant Repair Exceptions")exercise of the power of eminent domain; and shall surrender the Premises, at the end of the Lease Term, in such condition. Without limitation, Tenant shall continually during the Lease Term maintain the Premises in accordance with all laws, codes and ordinances from time to time in effect and all directions, rules and regulations of the proper officers of governmental agencies having jurisdiction, and the standards recommended by the Boston Board of Fire Underwriters, and shall, at Tenant's expense, obtain all permits, licenses and the like required by applicable law. To the extent that the Landlord may enter and view state Premises constitute a "Place of repair and that Public Accommodation" within the meaning of the Americans With Disabilities Act of 1990, Tenant will repair according to notice in writingshall be responsible, except for Tenant Repair Exceptions and that the Tenant will leave the Leased Premises in good repair, except for Tenant Repair Exceptions. Notwithstanding anything hereinbefore contained, the Landlord may in any event make repairs subject to the Leased requirements of Section 5.2, for making the Premises without notice if comply with such repairs areAct. Tenant shall not permit or commit any waste, in and, notwithstanding the Landlord's opinionforegoing or the provisions of Article 12, necessary Tenant shall be responsible for the protection cost of repairs and replacements to the Premises, the Building and the Tenant covenants and agrees with facilities of the Landlord that if Building, whether ordinary or extraordinary or structural or nonstructural, when necessitated by Tenant, or its subtenant or assignee, moving property in or out of the Landlord exercises Building or installation or removal of furniture, fixtures or other property or by the performance by Tenant, or its subtenant or assignee, of any such option Alterations or other work in the Premises, or when necessitated by the failure to repairexercise reasonable care by, the Tenant will pay or misuse, neglect or improper conduct of, Tenant, its assignee or subtenant, or its or their agents, employees, contractors or invitees (including any damage by fire or other casualty arising therefrom, except to the Landlord together with the next instalment of Monthly Rent which shall become due after the exercise of such option all sums which the Landlord shall have expended in making such repairs and that such sums, if not so paid within such time, shall be recoverable from the Tenant as rent in arrears. Provided further that in the event extent that the Landlord recovers insurance loss proceeds from its casualty insurer without loss of continuing policy protection and from which insurer a waiver of subrogation has been obtained in accordance with Section 10.6 hereof) and, if the premium or rates payable with respect to any policy or policies of insurance purchased by Landlord or Agent with respect to the Building increases as a result of payment by the insurer of any claim arising from any act or neglect of Tenant, its assignee, subtenant, contractors or invitees, Tenant shall pay such increase, from time to time makes time, within fifteen (15) days after demand therefor by Landlord, as Additional Rent. All of said repairs and any restorations or replacements required in connection therewith shall be of a quality and class at least equal to the original work and installations and shall be done in a good and workmanlike manner. (b) If repairs as hereinbefore providedor replacements are required to be made by Tenant pursuant to the terms hereof, Landlord may demand that Tenant make the same forthwith, and if Tenant refuses or neglects to commence such repairs or replacements within ten (10) days after such demand and complete the same with reasonable dispatch thereafter (except in the case of an emergency, in which event Landlord may make such repairs immediately), Landlord may (but shall not be deemed required to have been relieved from do so) make or cause such repairs or replacements to be made (the obligation provisions of Section 14.18 being applicable to repair the costs thereof), and leave the Leased Premises in a good state of repairshall not be responsible to Tenant for any loss or damage whatsoever that may accrue to Tenant's stock or business by reason thereof.

Appears in 2 contracts

Samples: Lease Agreement (Firepond Inc), Lease Agreement (Firepond Inc)

Tenant Repairs. To repair(i) Tenant agrees that, from and after the commencement date of the term of this lease and until the end of the term, it will, at its expense, keep and maintain and keep the Leased Premises and all trade fixtures and improvements therein in good order, condition and substantial repair subject only to defects in construction (whether extraordinary, foreseen or unforeseen), the interior of the structural members of the Buildingdemised premises and every part thereof, reasonable wear including but not limited to, all heating, ventilation and tear and damage by fire, lightning and tempest or other casualty against which the Landlord is insured air conditioning equipment (herein collectively sometimes hereinafter referred to as "HVAC Equipment") located in and/or exclusively servicing the demised premises (whether installed by Landlord or by or on behalf of Tenant), interior plumbing up to the exterior walls of the demised premises, including changes or additions to the sprinkler system, the interior electrical system servicing the demised premises, the life safety and/or any other systems to the point at which same join the main vertical risers for the Building and Tenant's Property, excluding those repairs and replacements for which Landlord is responsible, as herein expressly provided in Article 4. In addition, Tenant Repair Exceptions"); shall make all repairs and that replacements of any kind and nature necessitated by any act or neglect of Tenant, its contractors, its servants, agents or employees. Tenant shall maintain service contracts with contractors approved by Landlord for the maintenance of the HVAC Equipment throughout the term of this lease arid shall provide Landlord may enter with copies of all such contracts and view state of repair and that the related maintenance records. If Tenant will repair according fails to notice in writing, except for Tenant Repair Exceptions and that the Tenant will leave the Leased Premises in good repair, except for Tenant Repair Exceptions. Notwithstanding anything hereinbefore containedmaintain such service contracts, the Landlord may in any event make repairs to may, but shall not be obligated to, after not less than five (5) days notice obtain such service contracts at the Leased Premises without notice if such repairs are, in the Landlord's opinion, necessary for the protection expense of the Building Tenant and the Tenant covenants and agrees with shall reimburse the Landlord that if the Landlord exercises any such option to repair, the Tenant will pay to the Landlord together with the next instalment of Monthly Rent which shall become due after the exercise of such option all sums which the Landlord shall have expended in making such repairs and that such sums, if not so paid within such time, shall be recoverable from the Tenant as rent in arrears. Provided further that in the event that the Landlord from time to time makes any repairs as hereinbefore provided, the Tenant shall not be deemed to have been relieved from the obligation to repair and leave the Leased Premises in a good state of repairpromptly upon request therefor.

Appears in 1 contract

Samples: Office Lease (Porta Systems Corp)

Tenant Repairs. To repair, maintain and keep the Leased Premises and all trade fixtures and improvements therein in good and substantial repair subject only to defects in construction of the structural members of the BuildingBuilding and subject to the Landlord’s Table of Contents repairs set out in Section 8.04, reasonable wear and tear and damage by fire, lightning and tempest or other casualty against which the Landlord is required to be insured or is otherwise insured (herein collectively referred to as "Tenant Repair Exceptions"); and that the Landlord may enter and view state of repair (on twenty-four (24) hours’ advance notice and accompanied by a representative of the Tenant, if available (except in the case of an emergency), and that the Tenant will repair according to notice in writing, except for Tenant Repair Exceptions and that the Tenant will leave the Leased Premises in good repair, except for Tenant Repair Exceptions. Notwithstanding anything hereinbefore contained, the Landlord may in any event event, upon reasonable prior notice to the Tenant (except in the case of an emergency), make repairs to the Leased Premises without notice if such repairs are, in the Landlord's ’s opinion, necessary for the protection of the Building and the Tenant covenants and agrees with the Landlord that if the Landlord exercises any such option to repair, the Tenant will pay to the Landlord together with the next instalment installment of Monthly Rent which shall become due after the exercise of such option all sums which the Landlord shall have expended in making such repairs and that such sums, if not so paid within such time, shall be recoverable from the Tenant as rent in arrears. Provided further that in the event that the Landlord from time to time makes any repairs as hereinbefore provided, the Tenant shall not be deemed to have been relieved from the obligation to repair and leave the Leased Premises in a good state of repair. Notwithstanding the above, no notice is required to be given by the Landlord to the Tenant for day-to-day repairs and maintenance performed, coordinated and/or contracted by the Landlord’s onsite personnel. A list of preferred contractors, as updated from time to time, shall be provided to the Tenant together with a list of additional contractors, including their names and contact information, used for day-to-day maintenance and repairs.

Appears in 1 contract

Samples: Lease Agreement (Mitel Networks Corp)

Tenant Repairs. To repairTenant shall not suffer any damage, maintain and keep waste or deterioration to occur to the Leased Premises and all trade shall maintain the interior non-structural portions of the Leased Premises and the fixtures and improvements appurtenances therein in good and substantial repair subject only sightly condition, and shall make all repairs necessary to defects in construction keep them In good working order and condition (including structural repairs when those are necessitated by the negligence or willful misconduct of the structural members of the BuildingTenant or its agents, reasonable employees, invitees, licensees or visitors) ordinary wear and tear excepted, All repairs, replacements and damage restorations made by fire, lightning Tenant shall be equal in quality and tempest or other casualty against which the Landlord is insured (herein collectively referred to as "Tenant Repair Exceptions"); and that the Landlord may enter and view state of repair and that the Tenant will repair according to notice in writing, except for Tenant Repair Exceptions and that the Tenant will leave the Leased Premises in good repair, except for Tenant Repair Exceptions. Notwithstanding anything hereinbefore contained, the Landlord may in any event make repairs class to the Leased Premises without notice originals thereof and shall be completed in compliance with applicable law. Tenant covenants that any repairs or replacements (as the case may be) required by the terms of this Lease to be made by Tenant shall be commenced and completed expeditiously; provided, however, if such Tenant fails to make the repairs areor replacements, in an emergency promptly after written notice, or otherwise fails to make the Landlord's opinion, necessary for the protection of the Building and the Tenant covenants and agrees with the Landlord that if the Landlord exercises any such option to repair, the Tenant will pay to the Landlord together with the next instalment of Monthly Rent which shall become due repairs or replacements within thirty (30) days after the exercise of such option all sums which the Landlord shall have expended in making such repairs and that such sums, if not so paid within such time, shall be recoverable from the Tenant as rent in arrears. Provided further that written notice or in the event that the Landlord from time to time makes any repairs such repair or replacement is of such a nature as hereinbefore providedcannot with diligent effort be cured within said thirty (30) day period, the Tenant shall not have failed to commence to cure within said period or failed to diligently prosecute remedial efforts to completion within a reasonable time thereafter, then Landlord may, at its option, make the repairs or replacements, and the cost of such repairs or replacements shall be deemed charged to have been relieved from Tenant as Additional Rent and shall become payable by Tenant with the obligation to repair and leave payment of the Leased Premises in a good state of repairrent next due hereunder.

Appears in 1 contract

Samples: Office Lease Agreement (Spheris Leasing LLC)

AutoNDA by SimpleDocs

Tenant Repairs. To repair(A) All Tenant Repairs shall be made promptly, maintain as and when needed, by Tenant. All Tenant Repairs shall be performed at Tenant’s sole expense with materials and labor of the kind and quality equal or superior to current industry practices and conditions. Tenant shall keep in force at all times during the Leased Premises Lease Term, and all trade fixtures extensions and improvements therein renewals thereof, a standard maintenance agreement which requires at least a semi-annual inspection of all heating, ventilating and air conditioning equipment, and provide a copy of such agreement to Landlord. Tenant shall not knowingly permit waste, damage or injury to the Premises or Property. Tenant shall surrender the Premises on the Termination Date, unless extended or renewed, broom clean and in as good condition as when received, or in such better condition as the Premises may be put during the Lease Term, as same may be extended or renewed, except only that deterioration caused by normal and substantial repair subject only to defects in construction of the structural members of the Building, reasonable ordinary wear and tear and damage by firetear, lightning and tempest fire or other casualty against which not caused by Tenant, or damage or deterioration caused by Landlord or any member of the Landlord is insured Group. Subject to Special Stipulation 3. (herein collectively referred B) In the event that (i) Tenant fails to as "Tenant Repair Exceptions"); and that the Landlord may enter and view state of repair and that promptly perform the Tenant will repair according to Repairs after thirty (30) days’ prior written notice in writingfrom Landlord requesting same, except for Tenant Repair Exceptions and that the Tenant will leave the Leased Premises in good repair, except for Tenant Repair Exceptions. Notwithstanding anything hereinbefore contained, the Landlord may in any event make repairs to the Leased Premises without notice if such repairs are(ii) Landlord, in the exercise of Landlord's opinion’s sole discretion, determines that emergency Tenant Repairs are necessary, or (iii) Tenant Repairs are made necessary by any act or omission or negligence of Tenant or Invitees of Tenant, then in any of such events, Landlord shall be entitled, but not obligated, to perform or cause same to be performed without incurring any liability to Tenant for any damage caused thereby (except to the protection extent caused by the negligence of Landlord or any member of the Building Landlord Group), and the Tenant covenants with respect to repairs performed pursuant to (i) and agrees with the Landlord that if the Landlord exercises any such option to repair(iii) above, the Tenant will pay to the Landlord together with the next instalment of Monthly Rent which shall become due after the exercise of such option all sums which the Landlord shall have expended in making such repairs and that such sums, if not so paid within such time, shall be recoverable from the Tenant as rent in arrears. Provided further that in the event that the Landlord from time to time makes any repairs as hereinbefore provided, the Tenant shall not be deemed pay the cost thereof (plus, with respect to have been relieved from the obligation repairs performed under (i) and (iii) above, five percent (5%) to repair cover Landlord’s overhead and leave the Leased Premises in a good state of repairadministrative costs) to Landlord upon demand, as additional rent.

Appears in 1 contract

Samples: Industrial Lease Agreement (Premier Exhibitions, Inc.)

Tenant Repairs. To repair(i) Tenant agrees that, from and after the commencement date of the term of this lease and until the end of the term, it will, at its expense, keep and maintain and keep the Leased Premises and all trade fixtures and improvements therein in good order, condition and substantial repair subject only to defects in construction (whether extraordinary, foreseen or unforeseen), the interior of the structural members of the Buildingdemised premises and every part thereof, reasonable wear including but not limited to, all heating, ventilation and tear and damage by fire, lightning and tempest or other casualty against which the Landlord is insured air conditioning equipment (herein collectively sometimes hereinafter referred to as "HVAC Equipment") located in and/or exclusively servicing the demised premises (whether installed by Landlord or by or on behalf of Tenant), interior plumbing up to the exterior walls of the demised premises, including changes or additions to the sprinkler system, the interior electrical system servicing the demised premises, the life safety and/or any other systems to the point at which same join the main vertical risers for the Building and Tenant's Property, excluding those repairs and replacements for which Landlord is responsible, as herein expressly provided in Article 4. In addition, Tenant Repair Exceptions"); shall make all repairs and that replacements of any kind and nature necessitated by any act or neglect of Tenant, its contractors, its servants, agents or employees. Tenant shall maintain service contracts with contractors approved by Landlord for the maintenance of the HVAC Equipment throughout the term of this lease aNd shall provide Landlord may enter with copies of all such contracts and view state of repair and that the related maintenance records. If Tenant will repair according fails to notice in writing, except for Tenant Repair Exceptions and that the Tenant will leave the Leased Premises in good repair, except for Tenant Repair Exceptions. Notwithstanding anything hereinbefore containedmaintain such service contracts, the Landlord may in any event make repairs to may, but shall not be obligated to, after not less than five (5) days notice obtain such service contracts at the Leased Premises without notice if such repairs are, in the Landlord's opinion, necessary for the protection expense of the Building Tenant and the Tenant covenants and agrees with shall reimburse the Landlord that if the Landlord exercises any such option to repair, the Tenant will pay to the Landlord together with the next instalment of Monthly Rent which shall become due after the exercise of such option all sums which the Landlord shall have expended in making such repairs and that such sums, if not so paid within such time, shall be recoverable from the Tenant as rent in arrears. Provided further that in the event that the Landlord from time to time makes any repairs as hereinbefore provided, the Tenant shall not be deemed to have been relieved from the obligation to repair and leave the Leased Premises in a good state of repairpromptly upon request therefor.

Appears in 1 contract

Samples: Lease Agreement (Porta Systems Corp)

Tenant Repairs. To repairTenant shall, maintain and at Tenant’s own expense, keep the Leased Premises Premises, including all improvements, fixtures, furnishings, supplemental/non-Building heating, ventilation (including exhaust) and all trade air conditioning (which Tenant installs as part of the Tenant Improvements) (“Supplemental HVAC”), and systems and equipment therein (including, without limitation, plumbing fixtures and improvements therein equipment such as dishwashers, garbage disposals, and insta-hot dispensers), and the floor of the Building on which the Premises are located, in good order, repair and substantial repair subject only to defects in construction of the structural members of the Building, reasonable condition as received (ordinary wear and tear and casualty damage excepted) at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time specified by fireLandlord, lightning promptly and tempest adequately repair all damage to the Premises and replace or other casualty against which the Landlord is insured (herein collectively referred to as "Tenant Repair Exceptions"); repair all damaged, broken, or worn fixtures and that the Landlord may enter and view state of repair and that the Tenant will repair according to notice in writingappurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord’s option, or if Tenant Repair Exceptions and that the Tenant will leave the Leased Premises in good repair, except for Tenant Repair Exceptions. Notwithstanding anything hereinbefore contained, the Landlord may in any event fails to make repairs to the Leased Premises without notice if such repairs are(after notice from Landlord a reasonable opportunity to do so), in the Landlord's opinionLandlord may, necessary for the protection of the Building and the Tenant covenants and agrees with the Landlord that if the Landlord exercises any such option to repairbut need not, the Tenant will pay to the Landlord together with the next instalment of Monthly Rent which shall become due after the exercise of such option all sums which the Landlord shall have expended in making make such repairs and that replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such sumsrepairs and replacements forthwith upon being billed for same. Without limitation, if not so paid within such time, Tenant shall be recoverable from responsible for the Tenant as rent in arrears. Provided further that in the event that the Landlord from time to time makes any repairs as hereinbefore provided, the Supplemental HVAC and Tenant shall not be deemed to have been relieved from secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the obligation to repair and leave the Leased Premises in a good state regular maintenance of repairsuch systems.

Appears in 1 contract

Samples: Lease (Precision Biosciences Inc)

Tenant Repairs. To repairTenant shall not suffer any damage, maintain and keep waste or deterioration to occur to the Leased Premises and all trade shall, subject to Landlord’s obligations hereunder, maintain the interior non-structural portions of the Leased Premises and the fixtures and improvements appurtenances therein in good condition, and substantial repair subject only shall make all repairs reasonably necessary to defects in construction of the structural members of the Building, reasonable wear and tear and damage by fire, lightning and tempest or other casualty against which the Landlord is insured (herein collectively referred to as "Tenant Repair Exceptions"); and that the Landlord may enter and view state of repair and that the Tenant will repair according to notice in writing, except for Tenant Repair Exceptions and that the Tenant will leave the Leased Premises keep them in good repairworking order and condition (including when repairs are necessitated by the negligence or willful misconduct of Tenant or its agents, except for Tenant Repair Exceptions. Notwithstanding anything hereinbefore containedemployees, the Landlord may in any event make repairs to the Leased Premises without notice if invitees, licensees or visitors and such repairs areare non-structural repairs that do not affect any Building System; provided, in the Landlord's opinionhowever, necessary for the protection of the Building and the Tenant covenants and agrees with the Landlord that if the Landlord exercises any such option to repairrepairs that are structural in nature, involve the Tenant will pay to the Landlord together with the next instalment replacement of Monthly Rent which shall become due after the exercise of such option all sums which the Landlord shall have expended in making such repairs and that such sums, if not so paid within such timeexterior window glass or affect any Building System, shall be recoverable from made by Landlord at Tenant’s sole cost and expense), ordinary wear and tear, damage by fire or casualty, and repairs which are the responsibility of Landlord excepted. All repairs, replacements and restorations made by Tenant shall be substantially equal in quality and class to the originals thereof and shall be completed in compliance with Law. Tenant covenants that any repairs or replacements (as rent the case may be) required by the terms of this Lease to be made by Tenant shall be commenced and completed expeditiously; provided, however, if Tenant fails to make the repairs or replacements, in arrears. Provided further that an emergency promptly after notice, or otherwise fails to make the repairs or replacements within thirty (30) days after notice or in the event that the Landlord from time to time makes any repairs such repair or replacement is of such a nature as hereinbefore providedcannot with diligent effort be cured within such 30 day period, the Tenant shall not have failed to commence to cure within such period or failed to diligently prosecute remedial efforts to completion within a reasonable time thereafter, then Landlord may, at its option, make the repairs or replacements, and the cost of such repairs or replacements shall be deemed charged to have been relieved from Tenant as Additional Rent and shall become payable by Tenant with the obligation to repair and leave payment of the Leased Premises in a good state of repairRent next due hereunder.

Appears in 1 contract

Samples: Office Lease Agreement (Roblox Corp)

Tenant Repairs. To repair, maintain and keep the Leased Premises and all trade fixtures and improvements therein in good and substantial repair subject only to defects in construction of the structural members of the Building, reasonable wear and tear and damage by fire, lightning and tempest or other casualty against which the Landlord is insured (herein collectively referred to as "Tenant Repair Exceptions"); and that the Landlord may enter and view state of repair and that the Tenant will repair according to notice in writing, except for Tenant Repair Exceptions and that the Tenant will leave the Leased Premises in good repair, except for Tenant Repair Exceptions. Notwithstanding anything hereinbefore contained, the Landlord may in any event make repairs to the Leased Premises without notice if such repairs are, in the Landlord's opinion, necessary for the protection of the Building and the Tenant covenants and agrees with the Landlord that if the Landlord exercises any such option to repair, the Tenant will pay to the Landlord together with the next instalment installment of Monthly Rent which shall become due after the exercise of such option all sums which the Landlord shall have expended in making such repairs and that such sums, if not so paid within such time, shall be recoverable from the Tenant as rent in arrears. Provided further that in the event that the Landlord from time to time makes any repairs as hereinbefore provided, the Tenant shall not be deemed to have been relieved from the obligation to repair and leave the Leased Premises in a good state of repair.

Appears in 1 contract

Samples: Lease Agreement (Zarlink Semiconductor Inc)

Tenant Repairs. To repair(A) All Tenant Repairs shall be made promptly as -------------- and when needed by Tenant. Except for those items which are expressly defined as Landlord Repairs, Tenant shall keep and maintain and keep the Leased Premises and all trade fixtures buildings and improvements therein thereon and all portions thereof, throughout the Lease Term, as same may be extended or renewed, in good first class order, condition and substantial repair subject only to defects in construction repair. All Tenant Repairs shall be performed at Tenant's sole expense with materials and labor of the structural members kind and quality equal or superior to the original Work. Tenant shall keep in force at all times during the Lease Term, and all extensions and renewals thereof, a standard maintenance agreement which requires at least a semi-annual inspection of all heating, ventilating and air conditioning equipment, and provide a copy of such agreement to Landlord. Tenant shall permit no waste, damage or injury to the Premises, or any part or system thereof. Tenant shall surrender the Premises at the expiration of the BuildingLease Term, reasonable as same may be extended or renewed, broom clean and in as good condition as when received, or in such better condition as the Premises may be put during the Lease Term, as same may be extended or renewed, except only that deterioration caused by normal and ordinary wear and tear and damage by firetear, lightning and tempest or fire or other casualty against which not caused by Tenant. (B) In the Landlord is insured event that (herein collectively referred i) Tenant fails to as "Tenant Repair Exceptions"); and that the Landlord may enter and view state of repair and that promptly perform the Tenant will repair according to notice in writingRepairs, except for Tenant Repair Exceptions and that the Tenant will leave the Leased Premises in good repair, except for Tenant Repair Exceptions. Notwithstanding anything hereinbefore contained, the Landlord may in any event make repairs to the Leased Premises without notice if such repairs are(ii) Landlord, in the exercise of Landlord's opinionsole discretion, determines that emergency Tenant Repairs are necessary for the protection or desirable, or (iii) Landlord Repairs or Tenant Repairs are made necessary by any act or omission or negligence of the Building and the Tenant covenants and agrees with the Landlord that if the Landlord exercises or Invitees of Tenant, then in any such option to repair, the Tenant will pay to the Landlord together with the next instalment of Monthly Rent which shall become due after the exercise of such option all sums which the events, Landlord shall have expended in making such repairs be entitled, but not obligated, to perform or cause to be performed same without incurring any liability to Tenant for any damage caused thereby, and that such sums, if not so paid within such time, shall be recoverable from the Tenant as rent in arrears. Provided further that in the event that the Landlord from time to time makes any repairs as hereinbefore provided, the Tenant shall not be deemed pay the cost thereof to have been relieved from the obligation to repair and leave the Leased Premises in a good state of repairLandlord upon demand, as additional rent.

Appears in 1 contract

Samples: Commercial Lease Agreement (Bioshield Technologies Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!