Tenant. Tenant, at Tenant's sole cost and expense, shall keep and maintain the Premises (interior and exterior, excluding roofing and painting), including, without limitation, loading docks, roll up doors and ramps, floors, subfloors and floor coverings, walls and wall coverings, doors, windows, glass, plate glass, locks, ceilings, skylights, lighting systems, interior plumbing, electrical and mechanical systems and wiring, appliances and devices using or containing refrigerants, fixtures and equipment in good repair and in a clean and safe condition, and repair and/or replace any and all of the foregoing in a clean and safe condition, in good order, condition and repair. Without limiting the foregoing, Tenant shall, at Tenant's sole expense, immediately replace all broken glass in the Premises with glass equal to or in excess of the specification and quality of the original glass; and repair any area damaged by Tenant, Tenant's agents, employees, invitees and visitors, including any damage caused by any roof penetration, whether or not such roof penetration was approved by Landlord. All repairs and replacements by Tenant shall be made and performed: (a) at Tenant's cost and expense and at such time and in such manner as Landlord may designate, (b) by contractors or mechanics approved by Landlord, (c) so that same shall be at least equal in quality, value and utility to the original work or installation, (d) in a manner and using equipment and materials that will not interfere with or impair the operations, use or occupation of the Building or any of the mechanical, electrical, plumbing or other systems in the Building or the Project, and (e) in accordance with the Rules and Regulations and all Applicable Laws (as defined in Section 11). In the event Tenant fails, in the reasonable judgment of Landlord, to maintain the Premises in accordance with the obligations under the Lease, which failure continues at the end of fifteen (15) days following Tenant's receipt of written notice from Landlord stating the nature of the failure, or in the case of an emergency immediately without prior notice, Landlord shall have the right to enter the Premises and perform such maintenance, repairs or refurbishing at Tenant's sole cost and expense (including a sum for overhead to Landlord equal to ten percent (10%) of the costs of maintenance, repairs or refurbishing). Tenant shall maintain written records of maintenance and repairs, as required by any Applicable Law, and shall use certified technicians to perform such maintenance and repairs, as so required. Tenant shall deliver full and complete copies of all service or maintenance contracts entered into by Tenant for the Premises to Landlord within one hundred twenty (120) days after the Commencement Date.
Appears in 2 contracts
Samples: Multi Tenant Industrial Triple Net Lease (Brooks Automation Inc), Multi Tenant Industrial Triple Net Lease (Brooks Automation Inc)
Tenant. To the maximum extent this agreement may be made effective according to law, and except as otherwise expressly provided in this Lease, Tenant agrees to indemnify and save harmless Landlord, Landlord Responsible Parties (as hereinafter defined) and any Mortgagee providing financing with respect to any portion of the Premises from and against all costs, expenses, liabilities, claims, loss, or damage of whatever nature to the extent:
(i) arising from the use, occupancy, operation, maintenance or management of the Premises by Tenant or Tenant’s contractors, subtenants, licensees, invitees, agents, servants or employees or others for whom Tenant is legally responsible, but in no event any Landlord Responsible Parties (collectively, with Tenant, at Tenant's sole cost and expense“Tenant Responsible Parties”) during the Term;
(ii) arising from any accident, shall keep and maintain physical injury or physical damage occurring on any portion of the Premises (interior and exterior, excluding roofing and painting), including, without limitation, loading docks, roll up doors and ramps, floors, subfloors and floor coverings, walls and wall coverings, doors, windows, glass, plate glass, locks, ceilings, skylights, lighting systems, interior plumbing, electrical and mechanical systems and wiring, appliances and devices using or containing refrigerants, fixtures and equipment in good repair and in a clean and safe condition, and repair and/or replace any and all during the Term applicable to that portion of the foregoing in a clean and safe condition, in good order, condition and repair. Without limiting the foregoing, Tenant shall, at Tenant's sole expense, immediately replace all broken glass in the Premises with glass equal to or in excess of the specification and quality of the original glass; and repair any area damaged by Tenant, Tenant's agents, employees, invitees and visitors, including any damage caused by any roof penetration, whether or not such roof penetration was approved by Landlord. All repairs and replacements by Tenant shall be made and performed: (a) at Tenant's cost and expense and at such time and in such manner as Landlord may designate, (b) by contractors or mechanics approved by Landlord, (c) so that same shall be at least equal in quality, value and utility to the original work or installation, (d) in a manner and using equipment and materials that will not interfere with or impair the operations, use or occupation of the Building or any of the mechanical, electrical, plumbing or other systems in the Building or the Project, and (e) in accordance with the Rules and Regulations and all Applicable Laws (as defined in Section 11). In the event Tenant fails, in the reasonable judgment of Landlord, to maintain the Premises in accordance with the obligations under the Lease, which failure continues at the end of fifteen (15) days following Tenant's receipt of written notice from Landlord stating the nature of the failure, or in the case of an emergency immediately without prior notice, Landlord shall have the right to enter the Premises and perform such maintenance, repairs or refurbishing at Tenant's sole cost and expense (including a sum for overhead to Landlord equal to ten percent (10%) any further period during which Tenant retains occupancy of that portion of the costs Premises;
(iii) arising from Tenant’s or Tenant Responsible Parties’ use of maintenanceHazardous Materials during the Term or violation of or failure to comply with the provisions of Section 4.3 above with regard to Hazardous Materials during the Term;
(iv) arising from any litigation or proceeding not commenced by Landlord relating to or arising out of Tenant’s use, repairs occupancy, operation, maintenance or refurbishing). Tenant shall maintain written records management of maintenance and repairs, as required by any Applicable Law, and shall use certified technicians to perform such maintenance and repairs, as so required. Tenant shall deliver full and complete copies of all service or maintenance contracts entered into by Tenant for the Premises to which Landlord within one hundred twenty or its employees or agents are made a party without fault on its part, whether commenced by or against Tenant; or
(120v) days after arising out of a risk which is required to be insured by Tenant or its contractors pursuant to Subsection 3.6.1 hereof, and is not so insured, but only to the Commencement Dateextent of the insurance limits specified in Subsection 3.6.1 hereof; provided, however, that (x) the foregoing indemnity shall not include any cost or damage to the extent arising from any negligent act or omission or willful misconduct of Landlord or Landlord’s contractors, licensees, invitees, agents, servants or employees or others for whom the Landlord is legally responsible (collectively, with Landlord, “Landlord Responsible Parties”) and (y) in no event shall Tenant be liable under this indemnity for indirect or consequential damages (except that nothing in this Subsection 4.5.1 shall have any impact on the Landlord’s rights specified in Article VII below in the event of a holdover by Tenant). This indemnity and hold harmless agreement shall include indemnity against reasonable attorneys’ fees and all other costs, expenses and liabilities incurred or in connection with any such claim or proceeding brought thereon, and the defense thereof.
Appears in 2 contracts
Samples: Lease Agreement (Mercury Computer Systems Inc), Lease Agreement (Mercury Computer Systems Inc)
Tenant. By entry hereunder, Tenant accepts the Premises as being in good and sanitary order, condition and repair. Tenant, at Tenant's ’s sole cost and expense, shall keep keep, maintain and maintain preserve the Premises (interior in first class condition and exteriorrepair, excluding roofing and painting)shall, when and if needed, at Tenant’s sole cost and expense, make all repairs to the Premises and every part thereof, including, without limitation, loading docksTenant’s trade fixtures, roll up doors installations, equipment and rampsother personal property items within the Premises. All such repairs, floors, subfloors maintenance and floor coverings, walls and wall coverings, doors, windows, glass, plate glass, locks, ceilings, skylights, lighting systems, interior plumbing, electrical and mechanical systems and wiring, appliances and devices using or containing refrigerants, fixtures and equipment in good repair and replacements by Tenant shall be performed in a clean good and safe conditionworkmanlike manner. Tenant shall, and repair and/or replace any and all upon the expiration or sooner termination of the foregoing Term hereof, surrender the Premises to Landlord in a clean the same condition as when received, usual and safe conditionordinary wear and tear excepted. Landlord shall have no obligation to alter, in good orderremodel, improve, repair, decorate or paint the Premises or any part thereof. Tenant acknowledges, agrees and affirms that Landlord has made no representations to Tenant respecting the condition and repairof the Premises or the Project. Without limiting the foregoing, Tenant shall, at Tenant's ’s sole expense, immediately replace all broken glass in the Premises with glass equal to or in excess of the specification and quality of the original glass; and repair be responsible for repairing any area damaged by Tenant, Tenant's ’s agents, employees, invitees and visitors, including any damage caused by any roof penetration, whether or not such roof penetration was approved by Landlord. All repairs and replacements by Tenant shall be made and performed: (a) at Tenant's ’s cost and expense and at such time and in such manner as Landlord may reasonably designate, (b) by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld, (c) so that same shall be at least equal in quality, value and utility to the original work or installation, (d) in a manner and using equipment and materials that will not interfere with or impair the operations, use or occupation of the Building or any of the mechanical, electrical, plumbing or other systems in the Building or the Project, and (e) in accordance with the Rules and Regulations attached hereto as EXHIBIT D and all Applicable Laws (as defined in Section 11)Laws. In the event Tenant fails, in the reasonable judgment of Landlord, to maintain the Premises in accordance with the obligations under the Lease, which failure continues at the end of fifteen (15) days following Tenant's receipt of written notice from Landlord stating the nature of the failure, or in the case of an emergency immediately without prior notice, Landlord shall have the right right, but not the obligation, to enter the Premises and perform such maintenance, repairs or refurbishing at Tenant's ’s sole cost and expense (including a sum for overhead to Landlord equal to ten percent (10%) of the costs cost of the maintenance, repairs or refurbishing). Tenant shall maintain written records of maintenance and repairs, as required by any Applicable Law, and shall use certified technicians to perform such maintenance and repairs, as so required. Tenant shall promptly deliver to Landlord full and complete copies of all service or maintenance contracts entered into by Tenant for the Premises to Landlord within one hundred twenty (120) days after the Commencement DatePremises.
Appears in 2 contracts
Samples: Office Lease (Rimini Street, Inc.), Office Lease (Rimini Street, Inc.)
Tenant. TenantTenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefore, which approvals shall not be unreasonably withheld or delayed. Landlord's consent shall not be required for non-structural interior improvements costing less than $10,000 in any calendar year. Plans are required. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant's sole cost expense (including all permit fees and expense, shall keep and maintain the Premises (interior and exterior, excluding roofing and paintinggovernmental charges related thereto), using a licensed contractor first approved by Landlord, in substantial compliance with the Landlord approved plans and specifications therefore. All work undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder's risk insurance in an amount reasonably satisfactory to Landlord to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modifications, alterations or improvements whatsoever to the Outside Areas or the exterior or structural components of the Building including, without limitation, loading docksany cuts or penetrations in the floor, roll up doors and ramps, floors, subfloors and floor coverings, roof or exterior walls and wall coverings, doors, windows, glass, plate glass, locks, ceilings, skylights, lighting systems, interior plumbing, electrical and mechanical systems and wiring, appliances and devices using or containing refrigerants, fixtures and equipment in good repair and in a clean and safe condition, and repair and/or replace any and all of the foregoing Leased Premises without Landlord's approval which shall not be unreasonably withheld. As used in a clean and safe conditionthis Article, in good orderthe term "modifications, condition and repair. Without limiting alterations and/or improvements" shall include, without limitation, the foregoinginstallation of additional electrical outlets, Tenant shalloverhead lighting fixtures, at Tenant's sole expensedrains, immediately replace all broken glass in the Premises with glass equal to or in excess of the specification and quality of the original glass; and repair any area damaged by Tenantsinks, Tenant's agentspartitions, employeesdoorways, invitees and visitors, including any damage caused by any roof penetration, whether or not such roof penetration was approved by Landlord. All repairs and replacements by Tenant shall be made and performed: (a) at Tenant's cost and expense and at such time and in such manner as Landlord may designate, (b) by contractors or mechanics approved by Landlord, (c) so that same shall be at least equal in quality, value and utility to the original work or installation, (d) in a manner and using equipment and materials that will not interfere with or impair the operations, use or occupation of the Building or any of the mechanical, electrical, plumbing or other systems in the Building or the Project, and (e) in accordance with the Rules and Regulations and all Applicable Laws (as defined in Section 11). In the event Tenant fails, in the reasonable judgment of Landlord, to maintain the Premises in accordance with the obligations under the Lease, which failure continues at the end of fifteen (15) days following Tenant's receipt of written notice from Landlord stating the nature of the failure, or in the case of an emergency immediately without prior notice, Landlord shall have the right to enter the Premises and perform such maintenance, repairs or refurbishing at Tenant's sole cost and expense (including a sum for overhead to Landlord equal to ten percent (10%) of the costs of maintenance, repairs or refurbishing). Tenant shall maintain written records of maintenance and repairs, as required by any Applicable Law, and shall use certified technicians to perform such maintenance and repairs, as so required. Tenant shall deliver full and complete copies of all service or maintenance contracts entered into by Tenant for the Premises to Landlord within one hundred twenty (120) days after the Commencement Datelike.
Appears in 2 contracts
Samples: Industrial Space Lease (Mattson Technology Inc), Industrial Space Lease (Mattson Technology Inc)
Tenant. Tenant, at Tenant's sole cost and expense, shall keep and maintain the Premises (interior and exterior, excluding roofing and painting), including, without limitation, loading docks, roll up doors and ramps, floors, subfloors and floor coverings, walls and wall coverings, doors, windows, glass, plate glass, locks, ceilings, skylights, lighting systems, interior plumbing, electrical and mechanical systems and wiring, appliances and devices using or containing refrigerants, fixtures and equipment in good repair and in a clean and safe condition, and repair and/or replace any and all Except as otherwise expressly required of the foregoing in a clean and safe condition, in good order, condition and repair. Without limiting the foregoingLandlord, Tenant shall, at Tenant's sole ’s expense, immediately replace keep and maintain the Premises, including but not limited to all broken entry doors, damage to entry doors occasioned by theft or vandalism, furnishings, lighting, trade fixtures, above-ground plumbing and conduits beginning at the point of entry into the Premises, windows, glass and plate glass, doors, interior walls and finish work, floor surfaces and floor coverings, sprinkler and fire protection systems (which shall be in good working order as of the Commencement Date and in compliance with all Applicable Laws), and routine maintenance and repairs of the HVAC System (together with replacement of the HVAC System exclusively 23134410.6 servicing the Premises and installed by Tenant), in good and sanitary condition and repair and in compliance with all Applicable Laws. Tenant shall permit no waste, except normal wear and tear. Tenant shall also be responsible for arranging janitorial services for the Premises and the cost thereof. Tenant shall promptly notify Landlord, in writing, of any known defective condition which Landlord is required to repair, and failure to so report such known defects in a commercially reasonable time and manner shall make Tenant responsible to Landlord for any increased liability incurred by Landlord by reason of such failure to report the known defective condition. Any contractor selected by Tenant in connection with the performance of Tenant’s obligations under this Section in or about the Premises or the Building shall require prior written approval of the Landlord which approval shall not be unreasonably withheld, conditioned or delayed, such approval shall require, at a minimum, Lxxxxxxx’s receipt of a Certificate of General Liability Insurance adding the Agent and the Landlord as additionally insured, proof that the contractor is duly licensed and permitted in the municipality where the Premises with glass equal is located, to or in excess of the specification extent such licensing and quality of permitting is required by such municipality, acknowledgment and agreement by the original glass; and repair any area damaged by Tenant, Tenant's agents, employees, invitees and visitors, including any damage caused by any roof penetration, whether or not such roof penetration was approved by Landlord. All repairs and replacements by Tenant contractor that all work shall be made and performed: (a) at Tenant's cost and expense and at such time done with good workmanship and in such manner as accordance with current building codes and ordinances, and with agreement to adhere to any other reasonable standards imposed by Landlord may designate, (b) by contractors or mechanics approved by Landlord, (c) so that same shall be at least equal in quality, value for the protection and utility to the original work or installation, (d) in a manner and using equipment and materials that will not interfere with or impair the operations, use or occupation preservation of the Building or any of the mechanical, electrical, plumbing or other systems in the Building or the Project, and (e) in accordance with the Rules and Regulations and all Applicable Laws (as defined in Section 11). In the event Tenant fails, in the reasonable judgment of Landlord, to maintain the Premises in accordance with the obligations under the Lease, which failure continues at the end of fifteen (15) days following Tenant's receipt of written notice from Landlord stating the nature of the failure, or in the case of an emergency immediately without prior notice, Landlord shall have the right to enter the Premises and perform such maintenance, repairs or refurbishing at Tenant's sole cost and expense (including a sum for overhead to Landlord equal to ten percent (10%) of the costs of maintenance, repairs or refurbishing). Tenant shall maintain written records of maintenance and repairs, as required by any Applicable Law, and shall use certified technicians to perform such maintenance and repairs, as so required. Tenant shall deliver full and complete copies of all service or maintenance contracts entered into by Tenant for the Premises to Landlord within one hundred twenty (120) days after the Commencement DatePremises.
Appears in 2 contracts
Samples: Lease Agreement (In8bio, Inc.), Lease Agreement (In8bio, Inc.)
Tenant. Tenant shall indemnify and hold harmless Landlord and all agents, servants and employees of Landlord from and against all claims, losses, damages, liabilities, expenses (including reasonable attorneys' fees), penalties and charges arising from or in connection with (i) Tenant's use of the Premises during the Lease Term, or (ii) the conduct of Tenant's business, or (iii) any activity, work or things done, permitted or suffered by Tenant in or about the Premises or Building during the Lease Term. Tenant shall further indemnify and hold harmless Landlord from and against any and all claims, loss, damage, liability, expense (including reasonable attorneys' fees), penalty or charge arising from any default in the performance of any obligation on Tenant's part to be performed under the terms of this Lease, or arising from any negligence of Tenant, or any of Tenant's agents, contractors, or employees, and from and against all costs, attorneys' fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon. If any action or proceeding be brought against Landlord by reason of any such claim, Tenant, upon notice from Landlord, shall defend the same at Tenant's sole cost and expenseexpense by legal counsel reasonably satisfactory to Landlord. Tenant, shall keep and maintain as a material part of its consideration to Landlord, hereby assumes all risk of damage to property or injury to persons in or upon the Premises (interior arising from any cause and exterior, excluding roofing and painting), including, without limitation, loading docks, roll up doors and ramps, floors, subfloors and floor coverings, walls and wall coverings, doors, windows, glass, plate glass, locks, ceilings, skylights, lighting systems, interior plumbing, electrical and mechanical systems and wiring, appliances and devices using or containing refrigerants, fixtures and equipment Tenant hereby waives all claims in good repair and in a clean and safe condition, and repair and/or replace any and all of the foregoing in a clean and safe condition, in good order, condition and repairrespect thereof against Landlord. Without limiting Notwithstanding the foregoing, Tenant shallshall not be required to defend, at save harmless or indemnify Landlord from any liability for injury, loss, accident or damage to any person or property resulting from Xxxxxxxx's negligence or willful acts or omissions, or those of Landlord's officers, agents, contractors or employees. Tenant's sole expense, immediately replace all broken glass in the Premises with glass equal indemnity is not intended to or in excess nor shall it relieve any insurance carrier of the specification and quality of the original glass; and repair any area damaged by Tenant, Tenant's agents, employees, invitees and visitors, including any damage caused by any roof penetration, whether or not such roof penetration was approved by Landlord. All repairs and replacements its obligations under policies required to be carried by Tenant shall be made and performed: (a) at Tenant's cost and expense and at such time and in such manner as Landlord may designate, (b) by contractors or mechanics approved by Landlord, (c) so that same shall be at least equal in quality, value and utility pursuant to the original work provisions of this Lease to the extent that such policies cover the results of negligent acts or installation, (d) in a manner and using equipment and materials that will not interfere with or impair the operations, use or occupation of the Building or any of the mechanical, electrical, plumbing or other systems in the Building or the Project, and (e) in accordance with the Rules and Regulations and all Applicable Laws (as defined in Section 11). In the event Tenant fails, in the reasonable judgment omissions of Landlord, its officers, agents, contractors or employees, or the failure of Landlord to maintain the Premises in accordance with the perform any of its obligations under the this Lease, which failure continues at the end of fifteen (15) days following Tenant's receipt of written notice from Landlord stating the nature of the failure, or in the case of an emergency immediately without prior notice, Landlord shall have the right to enter the Premises and perform such maintenance, repairs or refurbishing at Tenant's sole cost and expense (including a sum for overhead to Landlord equal to ten percent (10%) of the costs of maintenance, repairs or refurbishing). Tenant shall maintain written records of maintenance and repairs, as required by any Applicable Law, and shall use certified technicians to perform such maintenance and repairs, as so required. Tenant shall deliver full and complete copies of all service or maintenance contracts entered into by Tenant for the Premises to Landlord within one hundred twenty (120) days after the Commencement Date.
Appears in 1 contract
Tenant. (i) shall carry on the business of producing the Renaissance Faire diligently and continually in the Premises throughout the Term and shall cause such business to be conducted in the Premises during such hours as the Renaissance Faire has typically operated in the State of California for the past three (3) years. Tenant shall operate the Renaissance Faire in the specified areas of the Premises set forth on the site plan attached hereto as EXHIBIT A. Tenant shall not operate the Renaissance Faire in any area outside of the specified areas as shown on the site plan, nor allow any of the Renaissance Faire activities or employees, customers, invitees, vendors or agents to enter onto or conduct any activity whatsoever in any area outside of such specified areas.
(ii) may, from November 29, 2000 through the termination of this Lease, maintain temporary structures and use portions of the premises for storage purposes as set forth in the Conditions of Approval.
(iii) agrees that at all times during the Term of this Agreement (including nights, weekends and holidays), an officer or employee of Tenant shall be located on the Premises, shall make periodic inspections of the Premises and shall immediately report to Landlord or the police, if appropriate, if such person notices any theft, vandalism, loitering, broken utility lines or other damage occurring or located on the Premises. The officer or employee remaining on the Premises shall also be responsible for landscape up-keep, including, but not limited to, weed abatement to prevent fire hazards, litter pick-up, and maintenance of shrubs in a neat, orderly and safe condition. Tenant and its officer or employee remaining on the Premises shall fully cooperate with City's Code Compliance Technicians in maintaining the Premises in a manner so as not to create a nuisance or violate the Vacaville Municipal Code. Any reports to Landlord shall be made by contacting Xxx Xxxxxxxxx, at (707) 449-5660, and by faxing written notice to Landlord at its facsimile number set forth in the Lease. Tenant shall not use any portion of the Premises for the purpose of operating a Renaissance Faire, haunted house or for any other activity, except for the general maintenance and up-keep provisions, above, during the Off-Season. At the discretion of Landlord, a home, currently existing on the Premises, may be used solely by officers or employees of Tenant for residential purposes in furtherance of Tenant's monitoring obligations under this Agreement.
(iv) shall not make any alterations, additions or improvements to the Premises, Storage Area or the Homes. On or prior to November 30, 2000, at Tenant's sole cost and expense, Tenant shall keep and maintain (i) remove from the Premises (interior and exterior, excluding roofing and painting), including, without limitation, loading docks, roll up doors and ramps, floors, subfloors and floor coverings, walls and wall coverings, doors, windows, glass, plate glass, locks, ceilings, skylights, lighting systems, interior plumbing, electrical and mechanical systems and wiring, appliances and devices using any signage or containing refrigerants, fixtures and equipment in good repair and in a clean and safe conditionother advertising or promotional material for the Renaissance Faire or any other activity conducted at the Premises by Tenant under any previous Lease, and repair and/or replace any and all of the foregoing in a clean and safe condition, in good order, condition and repair. Without limiting the foregoing, Tenant shall, at Tenant's sole expense, immediately replace all broken glass in the Premises with glass equal to or in excess of the specification and quality of the original glass; patch and repair any area damaged by Tenant, Tenant's agents, employees, invitees and visitors, including any damage caused by or resulting from Tenant's removal of such signage and material, (ii) remove all Tenant Property from the Vacated Premises, repair any roof penetrationdamage resulting from such removal and otherwise leave the Vacated Premises in the condition required under the prior Lease, whether and (iii) surrender possession of the Vacated Premises. If Tenant fails to comply with these obligations, and without waiving or not such roof penetration was approved by Landlord. All repairs limiting any other remedy available, Landlord may enter upon any portion of the Premises and replacements by Tenant shall be made and performed: (a) remove the same at Tenant's cost and expense and at such time and in such manner as Landlord may designate, (b) by contractors or mechanics approved by Landlord, (c) so that same shall be at least equal in quality, value and utility to the original work or installation, (d) in a manner and using equipment and materials that will not interfere with or impair the operations, use or occupation of the Building or any of the mechanical, electrical, plumbing or other systems in the Building or the Project, and (e) in accordance with the Rules and Regulations and all Applicable Laws (as defined in Section 11). In the event Tenant fails, in the reasonable judgment of Landlord, to maintain the Premises in accordance with the obligations under the Lease, which failure continues at the end of fifteen (15) days following Tenant's receipt of written notice from Landlord stating the nature of the failure, or in the case of an emergency immediately without prior notice, Landlord shall have the right to enter the Premises and perform such maintenance, repairs or refurbishing at Tenant's sole cost and expense (including a sum for overhead to Landlord equal to ten percent (10%) of the costs of maintenance, repairs or refurbishing)expense. Tenant shall maintain written records not install any signage or other advertising or promotional material on any part of maintenance and repairs, as required by any Applicable Law, and shall use certified technicians to perform such maintenance and repairs, as so required. Tenant shall deliver full and complete copies of all service or maintenance contracts entered into by Tenant for the Premises to Landlord within one hundred twenty (120) days after during the Commencement DateOff-Season."
Appears in 1 contract
Tenant. By entry hereunder, Tenant accepts the Premises as being in good and sanitary order, condition and repair. Tenant, at Tenant's sole cost and expense, shall keep keep, maintain and maintain preserve the Premises in first class condition and repair (including contracting with a professional, insured janitorial service provider to provide janitorial services to the Project five (5) days per week, which janitorial services shall include interior and exteriorexterior window washing and cleaning all bathrooms in the Building) and shall, excluding roofing when and painting)if needed, at Tenant's sole cost and expense, make all repairs to the Premises and the restrooms in the Building, and every part thereof, including, without limitation, loading docksTenant's trade fixtures, roll up doors installations, equipment and rampsother personal property items within the Premises. All such repairs, floors, subfloors maintenance and floor coverings, walls and wall coverings, doors, windows, glass, plate glass, locks, ceilings, skylights, lighting systems, interior plumbing, electrical and mechanical systems and wiring, appliances and devices using or containing refrigerants, fixtures and equipment in good repair and replacements by Tenant shall be performed in a clean good and safe conditionworkmanlike manner. Tenant shall, and repair and/or replace any and all upon the expiration or sooner termination of the foregoing Term hereof, surrender the Premises to Landlord in a clean the same condition as when received, usual and safe conditionordinary wear and tear excepted. Landlord shall have no obligation to alter, in good orderremodel, improve, repair, decorate or paint the Premises or any part thereof. Tenant acknowledges, agrees and affirms that Landlord has made no representations to Tenant respecting the condition and repairof the Premises or the Project. Without limiting the foregoing, Tenant shall, at Tenant's sole expense, immediately replace all broken glass in the Premises with glass equal to or in excess of the specification and quality of the original glass; and repair be responsible for repairing any area damaged by Tenant, Tenant's agents, employees, invitees and visitors, including any damage caused by any roof penetration, whether or not such roof penetration was approved by Landlord. All repairs and replacements by Tenant shall be made and performed: (a) at Tenant's cost and expense and at such time and in such manner as Landlord may reasonably designate, (b) by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld, (c) so that same shall be at least equal in quality, value and utility to the original work or installation, installation (d) in a manner and using equipment and materials that will not interfere with or impair the operations, use or occupation of the Building or any of the mechanical, electrical, plumbing or other systems in the Building or the Project, and (e) in accordance with the Rules and Regulations attached hereto as EXHIBIT D and all Applicable Laws (as defined in Section 11)Laws. In the event Tenant fails, in the reasonable judgment of Landlord, to maintain the Premises in accordance with the obligations under the Lease, which failure continues at the end of fifteen (15) days following Tenant's receipt of written notice from Landlord stating the nature of the failure, or in the case of an emergency immediately without prior notice, Landlord shall have the right right, but not the obligation, to enter the Premises and perform such maintenance, repairs or refurbishing at Tenant's sole cost and expense (including a sum for overhead to Landlord equal to ten percent (10%) of the costs cost of the maintenance, repairs or refurbishing). Tenant shall maintain written records of maintenance and repairs, as required by any Applicable Law, and shall use certified technicians to perform such maintenance and repairs, as so required. Tenant shall promptly deliver to Landlord, full and complete copies of all service or maintenance contracts entered into by Tenant for the Premises to Landlord within one hundred twenty (120) days after the Commencement DatePremises.
Appears in 1 contract
Samples: Office Lease (Rimini Street, Inc.)
Tenant. To the maximum extent this agreement may be made effective according to law, and except as otherwise expressly provided in this Lease, Tenant agrees to indemnify and save harmless Landlord, Landlord Responsible Parties (as hereinafter defined) and any mortgagee providing financing with respect to the Property of which Tenant has received notice from and against all costs, expenses, liabilities, claims, loss, and damage of whatever nature to the extent:
(i) arising from the use, occupancy or operation of the Premises and/or the Common Areas by Tenant or Tenant’s contractors, subtenants, licensees, invitees, agents, servants or employees or others for whom Tenant is legally responsible (collectively, with Tenant, at Tenant's sole cost “Tenant Responsible Parties”) during the Term and expense, shall keep and maintain any further period during which Tenant retains occupancy of the Premises or the use or occupancy of the Property by Tenant or Tenant Responsible Parties during the Term and any further period during which Tenant or any Tenant Responsible Party retains occupancy of the Premises;
(interior ii) arising from any accident, physical injury or physical damage occurring on any portion of the Premises during the Term or an Extended Term; or
(iii) arising from Tenant’s or Tenant Responsible Parties’ violation of or failure to comply with the provisions of Section 4.3 above with regard to Hazardous Materials; provided, however, that (x) the foregoing indemnity shall not include any cost or damage to the extent arising from any negligent act or omission or willful misconduct of Landlord or Landlord’s contractors, licensees, invitees, agents, servants or employees or others for whom the Landlord is legally responsible (collectively, with Landlord, “Landlord Responsible Parties”) and exterior(y) in no event shall Tenant be liable under this indemnity for consequential damages, excluding roofing but the limitation in this clause (y) shall not apply to the indemnity set forth in Section 4.3 entitled “Hazardous Materials”. This indemnity and painting)hold harmless agreement shall include indemnity against reasonable attorneys’ fees and all other costs, includingexpenses and liabilities incurred or in connection with any such claim or proceeding brought thereon, without limitation, loading docks, roll up doors and ramps, floors, subfloors and floor coverings, walls and wall coverings, doors, windows, glass, plate glass, locks, ceilings, skylights, lighting systems, interior plumbing, electrical and mechanical systems and wiring, appliances and devices using or containing refrigerants, fixtures and equipment in good repair and in a clean and safe conditionthe defense thereof, and repair and/or replace any and all the enforcement of the foregoing in a clean and safe condition, in good order, condition and repair. Without limiting the foregoing, Tenant shall, at Tenant's sole expense, immediately replace all broken glass in the Premises with glass equal to or in excess of the specification and quality of the original glass; and repair any area damaged by Tenant, Tenant's agents, employees, invitees and visitors, including any damage caused by any roof penetration, whether or not such roof penetration was approved by Landlord. All repairs and replacements by Tenant shall be made and performed: (a) at Tenant's cost and expense and at such time and in such manner as Landlord may designate, (b) by contractors or mechanics approved by Landlord, (c) so that same shall be at least equal in quality, value and utility to the original work or installation, (d) in a manner and using equipment and materials that will not interfere with or impair the operations, use or occupation of the Building or any of the mechanical, electrical, plumbing or other systems in the Building or the Project, and (e) in accordance with the Rules and Regulations and all Applicable Laws (as defined in Section 11). In the event Tenant fails, in the reasonable judgment of Landlord, to maintain the Premises in accordance with the obligations rights under the Lease, which failure continues at the end of fifteen (15) days following Tenant's receipt of written notice from Landlord stating the nature of the failure, or in the case of an emergency immediately without prior notice, Landlord shall have the right to enter the Premises and perform such maintenance, repairs or refurbishing at Tenant's sole cost and expense (including a sum for overhead to Landlord equal to ten percent (10%) of the costs of maintenance, repairs or refurbishing). Tenant shall maintain written records of maintenance and repairs, as required by any Applicable Law, and shall use certified technicians to perform such maintenance and repairs, as so required. Tenant shall deliver full and complete copies of all service or maintenance contracts entered into by Tenant for the Premises to Landlord within one hundred twenty (120) days after the Commencement Datethis indemnity.
Appears in 1 contract
Tenant. By entry hereunder, Tenant accepts the Premises as being in good and sanitary order, condition and repair. Tenant, at Tenant's sole cost and expense, shall keep keep, maintain and maintain preserve the Premises (interior in first class condition and exteriorrepair, excluding roofing and painting)shall, when and if needed, at Tenant's sole cost and expense, make all repairs to the Premises and every part thereof, including, without limitation, loading docksTenant's trade fixtures, roll up doors installations, equipment and rampsother personal property items within the Premises. All such repairs, floors, subfloors maintenance and floor coverings, walls and wall coverings, doors, windows, glass, plate glass, locks, ceilings, skylights, lighting systems, interior plumbing, electrical and mechanical systems and wiring, appliances and devices using or containing refrigerants, fixtures and equipment in good repair and replacements by Tenant shall be performed in a clean good and safe conditionworkmanlike manner. Tenant shall, and repair and/or replace any and all upon the expiration or sooner termination of the foregoing Term hereof, surrender the Premises to Landlord in a clean the same condition as when received, usual and safe conditionordinary wear and tear excepted. Landlord shall have no obligation to alter, in good orderremodel, improve, repair, decorate or paint the Premises or any part thereof. Tenant acknowledges, agrees and affirms that Landlord has made no representations to Tenant respecting the condition and repairof the Premises or the Project. Without limiting the foregoing, Tenant shall, at Tenant's sole expense, immediately replace all broken glass in the Premises with glass equal to or in excess of the specification and quality of the original glass; and repair be responsible for repairing any area damaged by Tenant, Tenant's agents, employees, invitees and visitors, including any damage caused by any roof penetration, whether or not such roof penetration was approved by Landlord. All repairs and replacements by Tenant shall be made and performed: (a) at Tenant's cost and expense and at such time and in such manner as Landlord may reasonably designate, (b) by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld, (c) so that same shall be at least equal in quality, value and utility to the original work or installation, (d) in a manner and using equipment and materials that will not interfere with or impair the operations, use or occupation of the Building or any of the mechanical, electrical, plumbing or other systems in the Building or the Project, and (e) in accordance with the Rules and Regulations attached hereto as EXHIBIT D and all Applicable Laws (as defined in Section 11)Laws. In the event Tenant fails, in the reasonable judgment of Landlord, to maintain the Premises in accordance with the obligations under the Lease, which failure continues at the end of fifteen (15) days following Tenant's receipt of written notice from Landlord stating the nature of the failure, or in the case of an emergency immediately without prior notice, Landlord shall have the right right, but not the obligation, to enter the Premises and perform such maintenance, repairs or refurbishing at Tenant's sole cost and expense (including a sum for overhead to Landlord equal to ten percent (10%) of the costs cost of the maintenance, repairs or refurbishing). Tenant shall maintain written records of maintenance and repairs, as required by any Applicable Law, and shall use certified technicians to perform such maintenance and repairs, as so required. Tenant shall promptly deliver to Landlord full and complete copies of all service or maintenance contracts entered into by Tenant for the Premises to Landlord within one hundred twenty (120) days after the Commencement DatePremises.
Appears in 1 contract
Tenant. TenantTenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefore, which approval shall not be unreasonably withheld. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant's sole cost expense (including all permit fees and expense, shall keep and maintain the Premises (interior and exterior, excluding roofing and paintinggovernmental charges related thereto), using a licensed contractor first approved by Landlord, in substantial compliance with the Landlord approved plans and specifications therefore. All work undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder's risk insurance in an amount satisfactory to Landlord to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modifications, alterations or improvements whatsoever to the Outside Areas or the exterior or structural components of the Building including, without limitation, loading docksany cuts or penetrations in the floor, roll up doors and ramps, floors, subfloors and floor coverings, roof or exterior walls and wall coverings, doors, windows, glass, plate glass, locks, ceilings, skylights, lighting systems, interior plumbing, electrical and mechanical systems and wiring, appliances and devices using or containing refrigerants, fixtures and equipment in good repair and in a clean and safe condition, and repair and/or replace any and all of the foregoing Leased Premises. As used in a clean and safe conditionthis Article, in good orderthe term "modifications, condition and repair. Without limiting alterations and/or improvements" shall include, without limitation, the foregoinginstallation of additional electrical outlets, Tenant shalloverhead lighting fixtures, at Tenant's sole expensedrains, immediately replace all broken glass in the Premises with glass equal to or in excess of the specification and quality of the original glass; and repair any area damaged by Tenantsinks, Tenant's agentspartitions, employeesdoorways, invitees and visitors, including any damage caused by any roof penetration, whether or not such roof penetration was approved by Landlord. All repairs and replacements by Tenant shall be made and performed: (a) at Tenant's cost and expense and at such time and in such manner as Landlord may designate, (b) by contractors or mechanics approved by Landlord, (c) so that same shall be at least equal in quality, value and utility to the original work or installation, (d) in a manner and using equipment and materials that will not interfere with or impair the operations, use or occupation of the Building or any of the mechanical, electrical, plumbing or other systems in the Building or the Project, and (e) in accordance with the Rules and Regulations and all Applicable Laws (as defined in Section 11). In the event Tenant fails, in the reasonable judgment of Landlord, to maintain the Premises in accordance with the obligations under the Lease, which failure continues at the end of fifteen (15) days following Tenant's receipt of written notice from Landlord stating the nature of the failure, or in the case of an emergency immediately without prior notice, Landlord shall have the right to enter the Premises and perform such maintenance, repairs or refurbishing at Tenant's sole cost and expense (including a sum for overhead to Landlord equal to ten percent (10%) of the costs of maintenance, repairs or refurbishing). Tenant shall maintain written records of maintenance and repairs, as required by any Applicable Law, and shall use certified technicians to perform such maintenance and repairs, as so required. Tenant shall deliver full and complete copies of all service or maintenance contracts entered into by Tenant for the Premises to Landlord within one hundred twenty (120) days after the Commencement Datelike.
Appears in 1 contract
Samples: Industrial Space Lease (Upgrade International Corp /Fl/)
Tenant. Notwithstanding any Transfer, Tenant shall remain fully responsible and liable for the payment of the Rent and for compliance with all of Tenant’s other obligations under this Lease from and after such Transfer (even if future Transfers occur after the Transfer by Tenant, at Tenant's sole cost and expense, shall keep and maintain the Premises (interior and exterior, excluding roofing and paintingregardless of whether or not Landlord’s Approval has been obtained for those future Transfers), including, without limitation, loading docks, roll up doors except that Tenant shall be relieved from any obligations arising under this Lease after the date of a Transfer if and ramps, floors, subfloors and floor coverings, walls and wall coverings, doors, windows, glass, plate glass, locks, ceilings, skylights, lighting systems, interior plumbing, electrical and mechanical systems and wiring, appliances and devices using or containing refrigerants, fixtures and equipment in good repair and in a clean and safe condition, and repair and/or replace any and only if all of the foregoing in a clean and safe condition, in good order, condition and repair. Without limiting the foregoing, Tenant shall, at Tenant's sole expense, immediately replace all broken glass in the Premises with glass equal to or in excess of the specification and quality of the original glass; and repair any area damaged by Tenant, Tenant's agents, employees, invitees and visitors, including any damage caused by any roof penetration, whether or not such roof penetration was approved by Landlord. All repairs and replacements by Tenant shall be made and performed: following occur:
(a) at Tenant's cost Tenant has notified Landlord of the name and expense address of the Tenant Transferee and at the Controlling Person, if any, of such Tenant Transferee by the time and in such manner as Landlord may designate, of the Transfer;
(b) Such Transfer is a Permitted Transfer or is otherwise Approved by contractors or mechanics approved Landlord;
(c) The Tenant Transferee shall have assumed responsibility for the performance of all of Tenant’s obligations under this Lease arising on and after the date of the Transfer pursuant to an instrument of assignment and assumption substantially in the form of the Assignment and Assumption Agreement Approved by Landlord, (c) so that same which Approval shall be at least equal in quality, value and utility limited to the original work or installationquestion of whether such instrument, when duly executed, will accomplish its intended purposes under this Lease (the “Assignment and Assumption Agreement”);
(d) in a manner and using equipment and materials that will not interfere with or impair the operations, use or occupation As of the Building date of the Transfer the Tenant Transferee or any Person who is a Controlling Person of the mechanical, electrical, plumbing or other systems in the Building or the Project, and Tenant Transferee is not a Prohibited Person; and
(e) As of the date of the Transfer (after giving effect to the Transfer), the Tenant Transferee meets the Financial Test as of the end of the fiscal quarter ending immediately preceding such date. The Tenant Transferee’s satisfaction of the Financial Test (after giving effect to the Transfer) shall be evidenced by (and be deemed satisfied by) (i) representations to that effect by the Tenant Transferee in the Assignment and Assumption Agreement and (ii) a letter addressed and delivered to Landlord and Tenant (at Tenant’s or the Tenant Transferee’s expense) from a firm of independent, certified public accountants of recognized national or regional standing and stating that, based upon an audit of the Tenant Transferee (after giving actual or pro forma effect to the Transfer) made in accordance with the Rules and Regulations and all Applicable Laws (as defined in Section 11). In the event Tenant failsgenerally accepted auditing standings, in such firm’s opinion the reasonable judgment of Landlord, to maintain the Premises in accordance with the obligations under the Lease, which failure continues at the end of fifteen (15) days following Tenant's receipt of written notice from Landlord stating the nature Financial Test is/was met as of the failure, or in the case of an emergency immediately without prior notice, Landlord shall have the right to enter the Premises and perform such maintenance, repairs or refurbishing at Tenant's sole cost and expense (including a sum for overhead to Landlord equal to ten percent (10%) date of the costs Transfer, such letter to be subject to such qualifications and assumptions as are usual and customary at that time for opinions of maintenance, repairs or refurbishing). Tenant shall maintain written records of maintenance and repairs, as required by any Applicable Law, and shall use certified technicians to perform such maintenance and repairs, as so required. Tenant shall deliver full and complete copies of all service or maintenance contracts entered into by Tenant for the Premises to Landlord within one hundred twenty (120) days after the Commencement Dateauditing firms.
Appears in 1 contract
Samples: Economic Development Agreement
Tenant. TenantTenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefore, which approval shall not be unreasonably withheld or delayed. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant's sole cost ’s expense (including all permit fees and expense, shall keep and maintain the Premises (interior and exterior, excluding roofing and paintinggovernmental charges related thereto), using a licensed contractor first approved by landlord, in substantial compliance with the Landlord approved plans and specifications therefore. All work undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality, Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by landlord, Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modifications, alterations or improvements whatsoever to the Outside Areas or the exterior or structural components of the Building including, without limitation, loading docksany cuts or penetrations in the floor, roll up doors and ramps, floors, subfloors and floor coverings, roof or exterior walls and wall coverings, doors, windows, glass, plate glass, locks, ceilings, skylights, lighting systems, interior plumbing, electrical and mechanical systems and wiring, appliances and devices using or containing refrigerants, fixtures and equipment in good repair and in a clean and safe condition, and repair and/or replace any and all of the foregoing Leased Premises. As used in a clean and safe conditionthis Article, in good orderthe term “modifications, condition and repair. Without limiting alterations and/or improvements” shall include, without limitation, the foregoinginstallation of additional electrical outlets, Tenant shalloverhead lighting fixtures, at Tenant's sole expensedrains, immediately replace all broken glass in the Premises with glass equal to or in excess of the specification and quality of the original glass; and repair any area damaged by Tenantsinks, Tenant's agentspartitions, employeesdoorways, invitees and visitors, including any damage caused by any roof penetration, whether or not such roof penetration was approved by Landlord. All repairs and replacements by Tenant shall be made and performed: (a) at Tenant's cost and expense and at such time and in such manner as Landlord may designate, (b) by contractors or mechanics approved by Landlord, (c) so that same shall be at least equal in quality, value and utility to the original work or installation, (d) in a manner and using equipment and materials that will not interfere with or impair the operations, use or occupation of the Building or any of the mechanical, electrical, plumbing or other systems in the Building or the Project, and (e) in accordance with the Rules and Regulations and all Applicable Laws (as defined in Section 11). In the event Tenant fails, in the reasonable judgment of Landlord, to maintain the Premises in accordance with the obligations under the Lease, which failure continues at the end of fifteen (15) days following Tenant's receipt of written notice from Landlord stating the nature of the failure, or in the case of an emergency immediately without prior notice, Landlord shall have the right to enter the Premises and perform such maintenance, repairs or refurbishing at Tenant's sole cost and expense (including a sum for overhead to Landlord equal to ten percent (10%) of the costs of maintenance, repairs or refurbishing). Tenant shall maintain written records of maintenance and repairs, as required by any Applicable Law, and shall use certified technicians to perform such maintenance and repairs, as so required. Tenant shall deliver full and complete copies of all service or maintenance contracts entered into by Tenant for the Premises to Landlord within one hundred twenty (120) days after the Commencement Datelike.
Appears in 1 contract
Samples: Consent to Sublease (Alphasmart Inc)
Tenant. Tenant, at Tenant's sole cost and expense, shall keep and maintain Except to the Premises extent caused by the negligence of Landlord or any Landlord Indemnitee (interior and exterior, excluding roofing and paintingas defined below), includingneither Landlord nor Landlord’s members, without limitationaffiliates, loading docksemployees, roll up doors agents, or contractors (each, a “Landlord Indemnitee”) shall be liable for and ramps, floors, subfloors Tenant shall indemnify and floor coverings, walls save harmless Landlord and wall coverings, doors, windows, glass, plate glass, locks, ceilings, skylights, lighting systems, interior plumbing, electrical each Landlord Indemnitee from and mechanical systems and wiring, appliances and devices using or containing refrigerants, fixtures and equipment in good repair and in a clean and safe condition, and repair and/or replace against any and all liabilities, damages, claims, suits, costs (including costs of the foregoing in a clean suit, reasonable attorneys’ fees and safe conditioncosts of investigation) and actions of any kind, in good orderforeseen or unforeseen, condition and repair. Without limiting the foregoing, Tenant shall, at Tenant's sole expense, immediately replace all broken glass in the Premises with glass equal arising or alleged to arise by reason of injury to or in excess death of any person or damage to or loss of property, occurring on, in, or about the specification and quality Premises, or by reason of the original glass; and repair any area damaged by Tenantother claim whatsoever of any person or party, Tenant's agentsoccasioned, employeesdirectly or indirectly, invitees and visitors, including any damage caused by any roof penetration, whether wholly or not such roof penetration was approved by Landlord. All repairs and replacements by Tenant shall be made and performedpartly: (a) at Tenant's cost and expense and at such time and in such manner as Landlord may designate, by any act or omission on the part of Tenant or any Tenant Representative; or (b) by contractors any breach, violation or mechanics approved by Landlord, (c) so that same non-performance of any covenant of Tenant under this Lease. If any action or proceeding shall be at least equal in quality, value and utility to the original work brought by or installation, (d) in a manner and using equipment and materials that will not interfere with or impair the operations, use or occupation of the Building against Landlord or any of the mechanicalLandlord Indemnitee in connection with any such liability, electricalclaim, plumbing suit, cost, injury, death or other systems in the Building or the Projectdamage, and (e) in accordance with the Rules and Regulations and all Applicable Laws (as defined in Section 11). In the event Tenant failsTenant, in the reasonable judgment of Landlord, to maintain the Premises in accordance with the obligations under the Lease, which failure continues at the end of fifteen (15) days following Tenant's receipt of written on notice from Landlord stating or any Landlord Indemnitee, shall defend such action or proceeding, at Tenant’s expense, by or through attorneys reasonably satisfactory to Landlord or the nature Landlord Indemnitee. The provisions of this Section shall apply to all activities of Tenant or any Tenant Representative with respect to the Premises, whether occurring before or after execution of this Lease. Subject to Section 7(c) of this Lease, Tenant’s obligations under this Section shall not be limited to the coverage of insurance maintained or required to be maintained by Tenant under this Lease. In no event shall Landlord or any Landlord Indemnitee be liable in any manner to Tenant or any Tenant Representative as the result of the failure, acts or in omissions of Tenant or a Tenant Representative and all liability therefore shall rest with Tenant. Tenant’s indemnification obligations pursuant to this Section shall survive the case expiration or earlier termination of an emergency immediately without prior notice, Landlord shall have the right to enter the Premises and perform such maintenance, repairs or refurbishing at Tenant's sole cost and expense (including a sum for overhead to Landlord equal to ten percent (10%) of the costs of maintenance, repairs or refurbishing). Tenant shall maintain written records of maintenance and repairs, as required by any Applicable Law, and shall use certified technicians to perform such maintenance and repairs, as so required. Tenant shall deliver full and complete copies of all service or maintenance contracts entered into by Tenant for the Premises to Landlord within one hundred twenty (120) days after the Commencement Datethis Lease.
Appears in 1 contract
Samples: Master Lease Agreement (Gaia, Inc)
Tenant. Notwithstanding any Transfer, Tenant shall remain fully responsible and liable for the payment of the Rent and for compliance with all of Tenant’s other obligations under this Lease from and after such Transfer (even if future Transfers occur after the Transfer by Xxxxxx, at Tenant's sole cost and expense, shall keep and maintain the Premises (interior and exterior, excluding roofing and paintingregardless of whether or not Landlord’s Approval has been obtained for those future Transfers), including, without limitation, loading docks, roll up doors except that Tenant shall be relieved from any obligations arising under this Lease after the date of a Transfer if and ramps, floors, subfloors and floor coverings, walls and wall coverings, doors, windows, glass, plate glass, locks, ceilings, skylights, lighting systems, interior plumbing, electrical and mechanical systems and wiring, appliances and devices using or containing refrigerants, fixtures and equipment in good repair and in a clean and safe condition, and repair and/or replace any and only if all of the foregoing in a clean and safe condition, in good order, condition and repair. Without limiting the foregoing, Tenant shall, at Tenant's sole expense, immediately replace all broken glass in the Premises with glass equal to or in excess of the specification and quality of the original glass; and repair any area damaged by Tenant, Tenant's agents, employees, invitees and visitors, including any damage caused by any roof penetration, whether or not such roof penetration was approved by Landlord. All repairs and replacements by Tenant shall be made and performed: following occur:
(a) at Tenant's cost Xxxxxx has notified Landlord of the name and expense address of the Tenant Transferee and at the Controlling Person, if any, of such Tenant Transferee by the time and in such manner as Landlord may designate, of the Transfer;
(b) Such Transfer is a Permitted Transfer or is otherwise Approved by contractors or mechanics approved Landlord;
(c) The Tenant Transferee shall have assumed responsibility for the performance of all of Tenant’s obligations under this Lease arising on and after the date of the Transfer pursuant to an instrument of assignment and assumption substantially in the form of the Assignment and Assumption Agreement Approved by Landlord, (c) so that same which Approval shall be at least equal in quality, value and utility limited to the original work or installationquestion of whether such instrument, when duly executed, will accomplish its intended purposes under this Lease (the “Assignment and Assumption Agreement”);
(d) in a manner and using equipment and materials that will not interfere with or impair the operations, use or occupation As of the Building date of the Transfer the Tenant Transferee or any Person who is a Controlling Person of the mechanical, electrical, plumbing or other systems in the Building or the Project, and Tenant Transferee is not a Prohibited Person; and
(e) As of the date of the Transfer (after giving effect to the Transfer), the Tenant Transferee meets the Financial Test as of the end of the fiscal quarter ending immediately preceding such date. The Tenant Transferee’s satisfaction of the Financial Test (after giving effect to the Transfer) shall be evidenced by (and be deemed satisfied by) (i) representations to that effect by the Tenant Transferee in the Assignment and Assumption Agreement and (ii) a letter addressed and delivered to Landlord and Tenant (at Tenant’s or the Tenant Transferee’s expense) from a firm of independent, certified public accountants of recognized national or regional standing and stating that, based upon an audit of the Tenant Transferee (after giving actual or pro forma effect to the Transfer) made in accordance with the Rules and Regulations and all Applicable Laws (as defined in Section 11). In the event Tenant failsgenerally accepted auditing standings, in such firm’s opinion the reasonable judgment of Landlord, to maintain the Premises in accordance with the obligations under the Lease, which failure continues at the end of fifteen (15) days following Tenant's receipt of written notice from Landlord stating the nature Financial Test is/was met as of the failure, or in the case of an emergency immediately without prior notice, Landlord shall have the right to enter the Premises and perform such maintenance, repairs or refurbishing at Tenant's sole cost and expense (including a sum for overhead to Landlord equal to ten percent (10%) date of the costs Transfer, such letter to be subject to such qualifications and assumptions as are usual and customary at that time for opinions of maintenance, repairs or refurbishing). Tenant shall maintain written records of maintenance and repairs, as required by any Applicable Law, and shall use certified technicians to perform such maintenance and repairs, as so required. Tenant shall deliver full and complete copies of all service or maintenance contracts entered into by Tenant for the Premises to Landlord within one hundred twenty (120) days after the Commencement Dateauditing firms.
Appears in 1 contract
Samples: Ground Lease Agreement
Tenant. By entry hereunder and subject to Article 11 above, Tenant accepts the Premises as being in good and sanitary order, condition and repair. Tenant, at Tenant's ’s sole cost and expense, shall keep keep, maintain and maintain preserve the Premises (interior in first class condition and exteriorrepair, excluding roofing including contracting for any and painting)all necessary janitorial services, and shall, when and if needed, at Tenant’s sole cost and expense, make all repairs to the Premises and every part thereof, including, without limitation, loading docks(i) all plumbing and sewage facilities (including all sinks, roll up doors toilets, faucets and rampsdrains), and all ducts, pipes, vents or other parts of the BVAC or plumbing system, (ii) Tenant’s trade fixtures, installations, equipment and other personal property items within the Premises, (iii) heating, ventilating and air conditioning systems servicing the Premises, (iv) interior walls, floors, subfloors and floor coveringsceilings, walls and wall coverings, interior doors, exterior and interior windows, glass, plate glass, locks, ceilings, skylights, lighting systems, interior plumbing, electrical and mechanical systems and wiring, appliances and devices using or containing refrigerants, fixtures and the roof, (v) all electrical facilities and all equipment (including all lighting fixtures, lamps, bulbs, tubes, fans, vents, exhaust equipment and systems), (vi) any automatic fire extinguisher equipment in good repair the Premises, and (vii) utility facilities serving the Premises (including electrical wiring and conduits, gas lines, water pipes and plumbing and sewage fixtures and pipes). Tenant shall be responsible for, at its sole cost: (i) cleaning, maintenance, repair, utility costs and landscaping of the entrances, lobbies and other public areas of the Building, walkways, landscaped areas, driveways necessary for access to the Premises, driveways, outdoor lighting and walkways, (ii) maintenance, repair, monitoring and operation of the fire/life safety system and (iii) trash collection for the Building. Tenant shall replace any damaged or broken glass in the Premises (including all interior and exterior doors and windows) with glass of the same kind, size and quality. All such repairs, maintenance and replacements by Tenant shall be performed in a clean good and safe conditionworkmanlike manner. Tenant shall, and repair and/or replace any and all upon the expiration or sooner termination of the foregoing Term hereof, surrender the Premises to Landlord in a clean the same condition as when received, usual and safe conditionordinary wear and tear excepted. Except for Landlord’s Work and subject to Section 13.2 below, in good orderLandlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof. Tenant acknowledges, agrees and affirms that Landlord has made no representations to Tenant respecting the condition and repairof the Premises or the Building. Without limiting the foregoing, Tenant shall, at Tenant's ’s sole expense, immediately replace all broken glass in the Premises with glass equal to or in excess of the specification and quality of the original glass; and repair be responsible for repairing any area damaged by Tenant, Tenant's ’s agents, employees, invitees and visitors. Except as otherwise provided in this Section 13.1 and in Section 13.2 below, including any damage caused by any roof penetration, whether or not such roof penetration was approved by Landlord. All all repairs and replacements by Tenant shall be made and performed: (a) at Tenant's ’s cost and expense and at such time and in such manner as Landlord may reasonably designate, (b) by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld, (c) so that same shall be at least equal in quality, value and utility to the original work or installation, (d) in a manner and using equipment and materials that will not interfere with or impair the operations, use or occupation of the Building or any of the mechanical, electrical, plumbing or other systems in the Building or the ProjectBuilding, and (e) in accordance with the Rules and Regulations attached hereto as EXHIBIT D and all Applicable Laws (as defined in Section 11)Laws. In the event Tenant fails, in the reasonable judgment of Landlord, to maintain the Premises in accordance with the obligations under the Lease, which failure continues at the end of fifteen (15) days following Tenant's receipt of written notice from Landlord stating the nature of the failure, or in the case of an emergency immediately without prior notice, Landlord shall have the right right, but not the obligation, to enter the Premises and perform such maintenance, repairs or refurbishing at Tenant's ’s sole cost and expense (including a sum for overhead to Landlord equal to ten percent (10%) of the costs cost of the maintenance, repairs or refurbishing). Tenant shall maintain written records of maintenance and repairs, as required by any Applicable Law, and shall use certified technicians to perform such maintenance and repairs, as so required. Tenant shall promptly deliver to Landlord full and complete copies of all service or maintenance contracts entered into by Tenant for the Premises to Landlord within one hundred twenty (120) days after the Commencement DatePremises.
Appears in 1 contract
Samples: Lease Agreement (Hansen Medical Inc)
Tenant. Tenant, at Tenant's sole cost and expense, shall keep and maintain the Premises (interior and exterior, excluding roofing and painting), including, without limitation, loading docks, roll up doors and ramps, floors, subfloors and floor coverings, walls and wall coverings, doors, windows, glass, plate glass, locks, ceilings, skylights, lighting systems, interior plumbing, electrical and mechanical systems and wiring, appliances and devices using or containing refrigerants, fixtures and equipment in good repair and in a clean and safe condition, and repair and/or replace any and all of the foregoing in a clean and safe condition, in good order, condition and repair. Without limiting the foregoingExcept as expressly set forth herein, Tenant shall, at Tenant's sole expense, immediately replace all broken glass in the Premises with glass equal to or in excess of the specification and quality of the original glass; and repair any area damaged by Tenant, Tenant's agents, employees, invitees and visitors, including any damage caused by any roof penetration, whether or not such roof penetration was approved by Landlord. All repairs and replacements by Tenant shall be made and performed: (a) at Tenant's cost and expense and at such time and in such manner as Landlord may designate, (b) by contractors or mechanics approved by Landlord, (c) so that same shall be at least equal in quality, value and utility to the original work or installation, (d) in a manner and using equipment and materials that will not interfere with or impair the operations, use or occupation of the Building or any of the mechanical, electrical, plumbing or other systems in the Building or the Project, and (e) in accordance with the Rules and Regulations and all Applicable Laws (as defined in Section 11). In the event Tenant fails, in the reasonable judgment of Landlord, to maintain the Premises in accordance with the obligations under the Lease, which failure continues at the end of fifteen (15) days following Tenant's receipt of written notice from Landlord stating the nature of the failure, or in the case of an emergency immediately without prior notice, Landlord shall have the right to enter assign, mortgage, sublease or otherwise transfer its interest in the Leased Premises with the prior consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed; provided, however, that no such assignment or transfer shall relieve Tenant of any obligations or liability hereunder without the written consent of Landlord. If this Lease be assigned or transferred, or if all or any part of the Leased Premises be sublet or occupied by anybody other than Tenant, Landlord may, after default by Tenant under the Lease (after expiration of all applicable notice and perform cure periods), collect rent from the assignee, transferee, subtenant or occupant, and apply the net amount collected to the rent reserved herein, but no such maintenanceassignment, repairs subletting, occupancy or refurbishing at collection shall be deemed a waiver of any agreement, term, covenant or condition hereof, or the acceptance of the assignee, transferee, subtenant or occupant as tenant, or a release of Tenant from the performance or further performance by Tenant of the agreements, terms, covenants and conditions hereof, and Tenant shall continue liable hereunder in accordance with the agreements, terms, covenants and conditions hereof. The consent by Landlord to an assignment, mortgage, pledge, encumbrance, transfer or subletting shall not in any wise be construed to relieve Tenant from obtaining the express consent in writing of Landlord to any further assignment, mortgage, pledge, encumbrance, transfer or subletting. Notwithstanding the foregoing or anything to the contrary contained herein, Tenant shall have the right without the consent of Landlord to assign its rights, privileges and obligations under this Lease to any entity which controls, is controlled by, or is under common control with Tenant, or to any entity which merges or consolidates with or acquires all or substantially all of the assets and liabilities of Tenant; provided that if the assignee has a net worth less than Tenant's sole cost and expense (including a sum for overhead to Landlord equal to ten percent (10%) net worth as of the costs date of maintenancethis Amendment, repairs or refurbishing). Tenant shall maintain obtain the prior written records consent of maintenance and repairs, as required by any Applicable Law, and shall use certified technicians Landlord to perform such maintenance and repairs, as so requiredassignment. Tenant shall deliver full and complete copies of all service or maintenance contracts entered into by Tenant for the Premises to Landlord a copy of the assignment agreement within one hundred twenty thirty (12030) days after the Commencement Dateexecution thereof, together with copies of financial statements and other documents as reasonably requested by Landlord. In addition, Tenant shall have the right to sublet all or a part of the Leased Premises with the prior consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed; provided that any such sublease shall be subordinate to the terms of this Lease. Landlord and Tenant shall share equally in any net rent payable to Tenant under the sublease or any assignment which is over and above the rent that Tenant is already obligated to pay to Landlord under the Lease for the space that is being subleased or assigned by Tenant, so that Landlord and Tenant share equally in the net profits, if any, made by Tenant under the sublease or assignment. For the purposes of this Section, "control" of any entity shall be deemed to be vested in the person owning, directly or indirectly, more than 50% of the voting power in and to such entity. The term "net rent" shall mean the excess rental less, on an amortized basis over the term of the sublease or assignment, any brokerage commission, any tenant improvement allowance or construction costs and any reasonable attorney's fees incurred by Tenant in connection with such subletting or assignment. Any sublease of all or any portion of the Leased Premises shall be subordinate to the terms of this Lease, and Tenant shall furnish to Landlord a fully executed original counterpart of such sublease within ten (10) days after execution thereof. Tenant shall not directly or indirectly collect or accept any payment of rent (other than additional rent) under any sublease more than one month in advance of the date when the same shall become due.
Appears in 1 contract
Tenant. Tenant(a) Tenant shall not pledge, at Tenant's sole cost mortgage, transfer or assign its interest, in whole or in part, in and expense, shall keep and maintain to the Premises or the leasehold estate created hereby without the prior consent of Landlord.
(interior and exteriorb) Without the prior consent of or notice to Landlord, excluding roofing and painting)Tenant may, subject to the provisions of Article 8 (including, without limitation, loading docksSection 8.01(e) thereof), roll up doors and rampssublease, floorsgrant, subfloors and floor coverings, walls and wall coverings, doors, windows, glass, plate glass, locks, ceilings, skylights, lighting systems, interior plumbing, electrical and mechanical systems and wiring, appliances and devices using license or containing refrigerants, fixtures and equipment in good repair and in a clean and safe condition, and repair and/or replace permit the use by any and all third party of any portion of the foregoing Welcome Center or the Pier Open Space for Ancillary Uses (an “Occupancy Agreement”), provided that (x) such Occupancy Agreement shall include an indemnification provision for the benefit of Landlord substantially in the form attached hereto as Exhibit L, subject to reasonable and customary changes thereto which do not materially and adversely reduce Landlord’s rights thereunder (it being understood that any Occupancy Agreement that does not satisfy these conditions shall not be permitted) and (y) subject to the provisions of Section 13.02(d) hereof, a clean copy of such Occupancy Agreement (sections of which may be designated by Tenant as “proprietary and safe conditionconfidential”) is provided to Landlord within thirty (30) days after the execution of such Occupancy Agreement, but in good order, condition and repair. no event later than commencement date of such Occupancy Agreement.
(c) Notwithstanding anything to the contrary in Sections 13.02(a) or (b) above:
(i) In no event shall the daily admission of Museum patrons or invitees or the general public require the prior consent of or notice to Landlord; and
(ii) Without limiting the foregoingprior consent of or notice to Landlord, Tenant shallmay, at Tenant's sole expensesubject to the provisions of Article 8 (as applicable), immediately replace all broken glass in sublease, grant, license or permit the Premises with glass equal to or in excess use by any third party of any portion of the specification Vessels for Permitted Uses.
(d) Landlord acknowledges that Tenant may be hereafter providing Occupancy Agreements to Landlord that contain confidential information, including trade secrets and quality proprietary or confidential information, the disclosure of which may be harmful to Tenant’s competitive position. Accordingly, Xxxxxxxx agrees that it shall maintain the original glassconfidentiality of such information that are clearly marked and identified as “proprietary and confidential”; and repair provided that if disclosure requests are received by Landlord pursuant to the Freedom of Information Law or any area damaged judicial or legislative subpoena, requesting any such proprietary or confidential information provided to Landlord by Tenant, Tenant's agents, employees, invitees Landlord shall give Tenant prior notice and visitors, including any damage caused by any roof penetration, whether the opportunity to object to such Freedom of Information Law request or not such roof penetration was approved by Landlord. All repairs subpoena (it being understood and replacements by Tenant shall be made and performed: (a) at Tenant's cost and expense and at such time and in such manner as Landlord may designate, (b) by contractors or mechanics approved by Landlord, (c) so agreed that same shall be at least equal in quality, value and utility to the original work or installation, (d) in a manner and using equipment and materials that will not interfere with or impair the operations, use or occupation of the Building or any of the mechanical, electrical, plumbing or other systems in the Building or the Project, and (e) in accordance with the Rules and Regulations and all Applicable Laws (as defined in Section 11). In the event Tenant fails, in the reasonable judgment of Landlord, to maintain the Premises in accordance with the obligations under the Lease, which failure continues at the end of fifteen (15) days following Tenant's receipt of written notice from Landlord stating the nature of the failure, or in the case of an emergency immediately without prior notice, Landlord shall have the right to enter make disclosures believed in good faith to be required under the Premises and perform such maintenance, repairs Freedom of Information Law or refurbishing at other applicable law notwithstanding any objection of Tenant's sole cost and expense (including a sum for overhead to Landlord equal to ten percent (10%) of the costs of maintenance, repairs or refurbishing). Tenant shall maintain written records understands and acknowledges that Landlord is a public authority of maintenance the State of New York and repairsis subject to review and oversight by legislative and other regulatory bodies, as and that Landlord is required by law and may be compelled or requested by such oversight bodies to make public disclosure of information regarding this Lease and any Applicable LawOccupancy Agreement, and shall use certified technicians be fully entitled to perform such maintenance and repairsdo so without objection from Tenant, as so required. Tenant shall deliver full and complete copies of all service or maintenance contracts entered into by Tenant for except in the Premises to Landlord within one hundred twenty (120) days after the Commencement Datelimited circumstances described in this Section 13.02(d).
Appears in 1 contract
Samples: Lease Agreement
Tenant. TenantTo the fullest extent allowed by law, except to the extent the same is otherwise expressly waived by Landlord under this Lease (including, without limitation, in Section 5.5 hereof), Tenant shall, at Tenant's sole all times, indemnify and save Landlord, and its members, directors, officers, contractors, subcontractors, sub-subcontractors, Mortgagees, agents and employees, harmless from and against any and all loss, cost and expense, shall keep and maintain the Premises (interior and exterior, excluding roofing and painting)or damage, including, without limitation, loading docksreasonable attorneys' fees, roll up doors and rampsincurred or sustained by any of them that is brought by third parties against them in connection with (i) the conduct or management, floors, subfloors and floor coverings, walls and wall coverings, doors, windows, glass, plate glass, locks, ceilings, skylights, lighting systems, interior plumbing, electrical and mechanical systems and wiring, appliances and devices using or containing refrigerants, fixtures and equipment from any work or things whatsoever done in good repair and in a clean and safe condition, and repair and/or replace or about the Demised Premises during the Term; (ii) any and all condition of the foregoing Demised Premises arising from any breach or default on the part of Tenant in a clean and safe conditionthe performance of any covenant or agreement on the part of Tenant to be performed, pursuant to the terms of this Lease, or (iii) arising from any negligence of Tenant, its directors, officers, shareholders, contractors, subcontractors, sub-subcontractors (other than Landlord or its subcontractors or sub-subcontractors), agents, employees or invitees, or arising from any accident, injury or damage whatsoever caused to any person or entity during the Term, in good orderor about the Demised Premises. The indemnity obligations of Tenant under this Section 19.3 which relate directly or indirectly to death, condition and repair. Without limiting the foregoingbodily or personal injury or property damage, Tenant shall, at shall be insured by contractual liability endorsement on Tenant's sole expense, immediately replace all broken glass policies of insurance required under the provisions of Article 5 hereof. Anything in this Section 19.3(a) to the Premises with glass equal to or in excess of the specification and quality of the original glass; and repair any area damaged by Tenantcontrary notwithstanding, Tenant's agentsindemnification obligations as aforesaid shall not apply to any claims, costs, liabilities, actions and damages which arise as a result of (1) the negligence or wrongful acts or omissions of Landlord (or its members, partners, directors, officers, shareholders, contractors, subcontractors, sub-subcontractors, agents or employees, invitees and visitors, including any damage caused by any roof penetration, whether ); or not such roof penetration was approved by Landlord. All repairs and replacements by Tenant shall be made and performed: (a2) at Tenant's cost and expense and at such time and in such manner as the failure of Landlord may designate, (b) by contractors or mechanics approved by Landlord, (c) so that same shall be at least equal in quality, value and utility to the original work or installation, (d) in comply with a manner and using equipment and materials that will not interfere with or impair the operations, use or occupation provision of the Building or any of the mechanical, electrical, plumbing or other systems in the Building this Lease or the Project, and (e) in accordance with the Rules and Regulations and all Applicable Laws (as defined in Section 11). In the event Tenant fails, in the reasonable judgment of Landlord, to maintain the Premises in accordance with the obligations under the Lease, which failure continues at the end of fifteen (15) days following Tenant's receipt of written notice from Landlord stating the nature of the failure, or in the case of an emergency immediately without prior notice, Landlord shall have the right to enter the Premises and perform such maintenance, repairs or refurbishing at Tenant's sole cost and expense (including a sum for overhead to Landlord equal to ten percent (10%) of the costs of maintenance, repairs or refurbishing). Tenant shall maintain written records of maintenance and repairs, as required by any Applicable Law, and shall use certified technicians to perform such maintenance and repairs, as so required. Tenant shall deliver full and complete copies of all service or maintenance contracts entered into by Tenant for the Premises to Landlord within one hundred twenty (120) days after the Commencement DateWork Letter.
Appears in 1 contract
Tenant. TenantExcept to the extent caused by the negligence of Landlord or any Landlord Indemnitee (as defined below, at Tenant's sole cost neither Landlord nor Landlord’s employees, agents, or contractors (collectively “Landlord Indemnitee”) shall be liable for and expense, Tenant shall keep indemnify and maintain the Premises (interior save harmless Landlord and exterior, excluding roofing each Landlord Indemnitee from and painting), including, without limitation, loading docks, roll up doors and ramps, floors, subfloors and floor coverings, walls and wall coverings, doors, windows, glass, plate glass, locks, ceilings, skylights, lighting systems, interior plumbing, electrical and mechanical systems and wiring, appliances and devices using or containing refrigerants, fixtures and equipment in good repair and in a clean and safe condition, and repair and/or replace against any and all liabilities, damages, claims, suits, costs (including costs of the foregoing in a clean suit, attorneys’ fees and safe conditioncosts of investigation) and actions of any kind, in good orderforeseen or unforeseen, condition and repair. Without limiting the foregoingarising or alleged to arise by reason of injury to or death of any person or damage to or loss of property, Tenant shalloccurring on, at Tenant's sole expensein, immediately replace all broken glass in or about the Premises with glass equal to or in excess the Property, or by reason of the specification and quality any other claim whatsoever of the original glass; and repair any area damaged by Tenantperson or party, Tenant's agentsoccasioned, employeesdirectly or indirectly, invitees and visitors, including any damage caused by any roof penetration, whether wholly or not such roof penetration was approved by Landlord. All repairs and replacements by Tenant shall be made and performedpartly: (a) at Tenant's cost and expense and at such time and in such manner as Landlord may designateby any act or omission on the part of Tenant or its employees, agents or contractors (collectively “Tenant Representative”); or (b) by contractors any breach, violation or mechanics approved non-performance of any covenant of Tenant under this Lease. If any action or proceeding shall be brought by Landlordor against Landlord or any Landlord Indemnitee in connection with any such liability, (c) so that same claim, suit, cost, injury, death or damage, Tenant, on notice from Landlord or any Landlord Indemnitee, shall defend such action or proceeding, at Tenant’s expense, by or through attorneys reasonably satisfactory to Landlord or the Landlord Indemnitee. The provisions of this Section shall apply to all activities of Tenant or any Tenant Representative with respect to the Premises, whether occurring before or after execution of this Lease. Tenant’s obligations under this Section shall not be limited to the coverage of insurance maintained or required to be maintained by Tenant under this Lease. In no event shall Landlord or any Landlord Indemnitee be liable in any manner to Tenant or any Tenant Representative as the result of the acts or omissions of Tenant or a Tenant Representative and all liability therefore shall rest with Tenant. All personal property upon the Premises shall be at least equal in qualitythe risk of Tenant only, value and utility neither Landlord nor any Landlord Indemnitee shall be liable for any damage thereto or theft thereof, except to the original work extent caused by the negligence, willful misconduct or installation, (d) in a manner and using equipment and materials that will not interfere with or impair the operations, use or occupation gross negligence of the Building Landlord or any of the mechanical, electrical, plumbing or other systems in the Building or the Project, and (e) in accordance with the Rules and Regulations and all Applicable Laws (as defined in Section 11). In the event Tenant fails, in the reasonable judgment of Landlord, to maintain the Premises in accordance with the obligations under the Lease, which failure continues at the end of fifteen (15) days following Tenant's receipt of written notice from Landlord stating the nature of the failure, or in the case of an emergency immediately without prior notice, Landlord shall have the right to enter the Premises and perform such maintenance, repairs or refurbishing at Tenant's sole cost and expense (including a sum for overhead to Landlord equal to ten percent (10%) of the costs of maintenance, repairs or refurbishing). Tenant shall maintain written records of maintenance and repairs, as required by any Applicable Law, and shall use certified technicians to perform such maintenance and repairs, as so required. Tenant shall deliver full and complete copies of all service or maintenance contracts entered into by Tenant for the Premises to Landlord within one hundred twenty (120) days after the Commencement DateIndemnitee.
Appears in 1 contract
Samples: Lease Agreement (Gaia, Inc.)
Tenant. By entry hereunder and subject to completion of the construction of the initial Landlord’s Improvements, Tenant accepts the Premises as being in good and sanitary order, condition and repair. Tenant, at Tenant's ’s sole cost and expense, shall keep keep, maintain and maintain preserve the Premises (interior in first class condition and exteriorrepair, excluding roofing and painting)shall, when and if needed, at Tenant’s sole cost and expense, make all repairs to the Premises and every part thereof, including, without limitation, loading docksTenant’s trade fixtures, roll up doors installations, equipment and rampsother personal property items within the Premises; provided, floorshowever, subfloors and floor coveringsthat Tenant shall not be obligated to make any structural changes to the Premises unless caused by Tenant or Tenant’s alterations, walls and wall coverings, doors, windows, glass, plate glass, locks, ceilings, skylights, lighting systems, interior plumbing, electrical and mechanical systems and wiring, appliances and devices using or containing refrigerants, fixtures and equipment in good repair and in no event shall Tenant by obligated to remove ACM as disclosed by Landlord. All such repairs, maintenance and replacements by Tenant shall be performed in a clean good and safe conditionworkmanlike manner. Tenant shall, and repair and/or replace any and all upon the expiration or sooner termination of the foregoing term hereof, surrender the Premises to Landlord in a clean the same condition as when received, usual and safe conditionordinary wear and tear and acts of God excepted. Landlord shall have no obligation to alter, in good orderremodel, improve, repair, decorate or paint the Premises or any part thereof. Tenant acknowledges, agrees and affirms that Landlord has made no representations to Tenant respecting the condition and repairof the Premises or the Project. Without limiting the foregoing, Tenant shall, at Tenant's ’s sole expense, immediately replace all broken glass in the Premises with glass equal to or in excess of the specification and quality of the original glass; and repair be responsible for repairing any area damaged by Tenant, Tenant's ’s agents, employees, invitees and visitors, including any damage caused by any roof penetration, whether or not such roof penetration was approved by Landlord. All repairs and replacements by Tenant shall be made and performed: (a) at Tenant's ’s cost and expense and at such time and in such manner as Landlord may reasonably designate, (b) by contractors or mechanics reasonably approved by Landlord, (c) so that same shall be at least equal in quality, value and utility to the original work or installation, (d) in a manner and using equipment and materials that will not interfere with or impair the operations, use or occupation of the Building or any of the mechanical, electrical, plumbing or other systems in the Building or the Project, and (e) in accordance with the Rules and Regulations attached hereto as EXHIBIT D and all Applicable Laws (as defined in Section 11)Laws. In the event Tenant fails, in the reasonable judgment of Landlord, to maintain and/or repair the Premises in accordance with the obligations under the Lease, which failure continues at the end of fifteen (15) days following Tenant's receipt of written notice from Landlord stating the nature of the failure, or in the case of an emergency immediately without prior notice, Landlord shall have the right right, but not the obligation, to enter the Premises and perform such maintenance, maintenance and/or repairs or refurbishing at Tenant's ’s sole cost and expense (including a sum for overhead to Landlord equal to ten percent five (105%) of the costs cost of the maintenance, repairs or refurbishing). Tenant shall maintain written records of maintenance and repairs, as required by any Applicable Law, and shall use certified technicians to perform such maintenance and repairs, as so required. Tenant shall promptly deliver to Landlord full and complete copies of all service or maintenance contracts entered into by Tenant for the Premises to Landlord Premises. Tenant shall bear the cost of replacement of lamps, starters and ballasts for the lighting fixtures within one hundred twenty (120) days after the Commencement DatePremises.
Appears in 1 contract
