Common use of Tenants Acceptance and Maintenance of Premises Clause in Contracts

Tenants Acceptance and Maintenance of Premises. Tenant, on occupancy of the Premises, represents to the Landlord that it has examined and inspected the same, finds them to be as represented by the Landlord and satisfactory for Tenant’s intended use, and such occupancy evidences Tenant’s acceptance “AS IS.” Landlord makes no representation or warranty as to the condition of said Premises. Tenant shall maintain (and so deliver at the end of the Lease) each and every part of the Premises in good repair and condition, and shall make, at Tenant’s sole cost and expense, such replacements, restorations, renewals or repairs, in quality equivalent or better than the original work, as may be required to so maintain the same, ordinary wear and tear only excepted. Tenant, however, shall make no structural or interior alterations, additions or improvements to the Premises without Landlord’s prior written consent, and any work performed by Tenant shall be done in good and workmanlike manner, and so as not to disturb or inconvenience other tenants in the Building. Tenant shall not at any time permit any work to be performed on the Premises except by duly licensed contractors or artisans, each of whom must carry general public liability insurance in form and content satisfactory to the Landlord, certificates of which shall be furnished Landlord. At no time may Tenant do any work that results in a claim of lien against Landlord. All alterations, additions or improvements (including, but not limited to, floor covering, wall covering, wall and ceiling lighting fixtures, carpet, drapes and drapery hardware) made or installed by Tenant or by Landlord for Tenant’s benefit to the Premises, shall become the property of Landlord upon the termination or earlier expiration of this Lease. Landlord reserves the right to require Tenant, at Tenant’s expense, (i) to remove any improvements or additions made to the Premises by Tenant, or by Landlord for Tenant’s benefit, upon the expiration or earlier termination of this Lease; and (ii) to repair all injury done by or in connection with installation or removal of said improvements or additions. Tenant further agrees to do so prior to the expiration date of this Lease, or within thirty (30) days after notice from Landlord, whichever shall be later, provided that Landlord gives such notice no later than thirty (30) days prior to the expiration date of this Lease. If the sprinkler system as installed in the Building or any of its appliances shall be damaged or injured or not in proper working order by reason of any act or omission of the Tenant, Tenant’s agents, servants, employees, licensees or visitors, the Tenant shall forthwith restore the same to good working conditions at its own expense. If the Board of Fire Underwriters of Fire Insurance Exchange or any bureau, department or official of the state, county or city government, require or recommend that any changes, modifications, alterations or additional sprinkler heads or other equipment be made or supplied by reason of the Tenant’s business, or the location of partitions, trade fixtures, or other contents of the Premises, or if any such changes, modifications, alterations, additional sprinkler heads or other equipment become necessary to prevent the imposition of a penalty or charge against the full allowance for a sprinkler system in the fire insurance rate as fixed by said Exchange, or by any fire insurance company, Tenant shall, at the Tenant’s expense, promptly make and supply such changes, modifications, alterations, additional sprinkler heads or other equipment. Tenant shall not overload the floors, nor shall Tenant install any heavy business machines or any safes or heavy equipment of any kind without prior written consent of Landlord, which if granted, may be conditioned upon moving by skilled licensed handlers, and installation and maintenance at Tenant’s expense of special reinforcings and settings adequate to carry the additional weight and to absorb and prevent noise and vibration.

Appears in 1 contract

Samples: Lease Agreement (Cornerstone Therapeutics Inc)

AutoNDA by SimpleDocs

Tenants Acceptance and Maintenance of Premises. LIENS; LANDLORD'S DUTIES AND RIGHTS. Tenant, on 's occupancy of the Premises, represents Premises is Tenant's representation to the Landlord that it has examined and inspected the same, finds them the Premises to be as represented by the Landlord and satisfactory for Tenant’s 's intended use, and such occupancy evidences constitutes Tenant’s 's acceptance “AS IS.” "as is," "where is" and with all faults. Landlord makes no representation or warranty as to the condition of said Premises. During Tenant move-in, the representative of the Tenant must be on-site with any moving company to insure proper treatment of the Premises. Elevators and multi-story office buildings must remain in use for the general public during business hours. Any specialized use of elevators must be coordinated with the Landlord's Property Manager. All packing material and refuse must be properly disposed of. Any damage or destruction due to moving will be the sole responsibility of the Tenant. Tenant shall maintain (and so deliver at the end of the Lease) this Lease each and every part of the Premises in good repair and condition, and shall make, at Tenant’s sole cost and expense, such replacements, restorations, renewals or repairs, in quality equivalent or better than the original work, as may be required to so maintain the same, ordinary wear and tear only and damage by insured casualty excepted. The delivery of key or other such tender of possession of the Premises to Landlord or to an employee of Landlord shall not operate as a termination of this Lease or a surrender of the Premises except upon written notice by Landlord. Tenant shall: (a) keep the Premises and fixtures in good order; (b) make repairs and replacements to the Premises or Building needed because of Tenant's misuse or primary negligence; (C) repair and replace special equipment or decorative treatments above Building standard installed by or at Tenant's request and that serve the Premises only, except (A) to the extent the repairs or replacements are needed because of Landlord's misuse or primary negligence, which are not covered by Tenant's insurance, or the insurance Tenant is required to carry under this Lease, whichever coverage is greater, or (B) if this Lease is ended because of casualty loss or condemnation; and (d) not commit waste. Tenant, however, shall make no structural or interior alterations of the Premises. If Tenant requires alterations, additions or improvements to the Premises without Tenant shall provide Landlord’s prior written consent's managing agent with a complete set of construction drawings, and any work performed by Tenant such agent shall be done in good and workmanlike manner, and so as not to disturb or inconvenience other tenants in then determine the Building. Tenant shall not at any time permit any actual cost of the work to be performed done (to include a construction supervision fee of 5% to be paid to Landlord's managing agent). Tenant may then either agree to pay Landlord to have the work done or withdraw its request for alterations. If requested by Landlord on termination of this Lease or vacation of the Premises except by duly licensed contractors or artisansTenant, each of whom must carry general public liability insurance in form and content satisfactory to the Landlord, certificates of which Tenant shall be furnished Landlord. At no time may Tenant do any work that results in a claim of lien against Landlord. All alterations, additions or improvements (including, but not limited to, floor covering, wall covering, wall and ceiling lighting fixtures, carpet, drapes and drapery hardware) made or installed by Tenant or by Landlord for Tenant’s benefit to restore the Premises, shall become at Tenant's sole expense, to the property same condition as existed at the commencement of the Lease Term, ordinary wear and tear and damage by insured casualty only excepted. Landlord, however, may elect to require Tenant to leave alterations performed for Tenant unless at the time of such alterations Landlord upon the termination or earlier agreed in writing they could be removed on expiration of this Lease. Landlord reserves the right to require TenantExcept for repairs and replacements that Tenant must make under this PARAXXXXX 0, at Tenant’s expense, (i) to remove any improvements or additions made Xxxxxxxx xxxll pay for and make all other repairs and replacements to the Premises, common areas and Building (including Building fixtures and equipment). Tenant shall keep the Premises by Tenantand the Building free from any liens arising out of any work performed, materials furnished, or by Landlord for Tenant’s benefit, upon the expiration or earlier termination of this Lease; and (ii) to repair all injury done obligations incurred by or in connection with installation on behalf of Tenant. Should any claim of lien or removal of said improvements other lien be filed against the Premises or additions. Tenant further agrees to do so prior to the expiration date of this Lease, or within thirty (30) days after notice from Landlord, whichever shall be later, provided that Landlord gives such notice no later than thirty (30) days prior to the expiration date of this Lease. If the sprinkler system as installed in the Building or any of its appliances shall be damaged or injured or not in proper working order by reason of any act or omission of the Tenant or any of Tenant, Tenant’s 's agents, servants, employees, licensees contractors or visitorsrepresentatives, the Tenant shall forthwith restore cause the same to good working conditions at its own expensebe canceled and discharged of record by bond or otherwise within ten (10) days after the filing thereof. If Should Tenant fail to discharge such lien within such ten (10) day period, Landlord may discharge the Board of Fire Underwriters of Fire Insurance Exchange or any bureausame, department or official in which event Tenant shall reimburse Landlord, on demand, as Additional Rent, for the amount of the state, county lien or city government, require or recommend that any changes, modifications, alterations or additional sprinkler heads or other equipment be made or supplied by reason the amount of the Tenant’s businessbond, if greater, plus all administrative costs incurred by Landlord in connection therewith. The remedies provided herein shall be in addition to all other remedies available to Landlord under this Lease or the location of partitions, trade fixtures, or other contents of the Premises, or if any such changes, modifications, alterations, additional sprinkler heads or other equipment become necessary to prevent the imposition of a penalty or charge against the full allowance for a sprinkler system in the fire insurance rate as fixed by said Exchange, or by any fire insurance company, Tenant shall, at the Tenant’s expense, promptly make and supply such changes, modifications, alterations, additional sprinkler heads or other equipmentotherwise. Tenant shall not overload have no power to do any act or make any contract which may create or be the floors, nor shall Tenant install any heavy business machines or any safes or heavy equipment foundation of any kind without prior written consent lien, mortgage or other encumbrance upon the reversionary or other estate of Landlord, which if grantedor any interest of Landlord in the Premises. NO CONSTRUCTION LIENS OR OTHER LIENS FOR ANY LABOR, may be conditioned upon moving by skilled licensed handlersSERVICES OR MATERIALS FURNISHED TO THE PREMISES SHALL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN AND TO THE PREMISES OR THE BUILDING. Except for non-standard items installed for Tenant's sole use, Landlord shall make the repairs and installation and replacements to maintain the Building in a condition comparable to other first class office buildings in the Metropolitan area where the Premises are located. This maintenance at Tenant’s expense of special reinforcings and settings adequate to carry the additional weight and to absorb and prevent noise and vibration.shall

Appears in 1 contract

Samples: Office Lease (Onlinetradinginc Com Corp)

Tenants Acceptance and Maintenance of Premises. LANDLORD'S DUTIES AND RIGHTS. Tenant, on 's occupancy of the Premises, represents Premises is Tenant's acknowledgment to the Landlord that it Tenant has examined and inspected the same, finds them the Premises to be as represented by the Landlord and satisfactory for Tenant’s 's intended use, and such occupancy evidences constitutes Tenant’s 's acceptance “AS IS.” "as is" expressly subject, however, to the terms and provisions of the Workletter attached hereto. Landlord otherwise makes no representation or warranty as to the condition of said Premises except the same shall be delivered to Tenant in accordance with all applicable codes, laws, and regulations. During Tenant's move-in, a representative of Tenant must be on-site with Tenant's moving company to insure proper treatment of the Building and the Premises. Elevators in multi-story office buildings must remain in use for the general public during business hours as defined herein in SECTION 5. Any specialized use of elevators must be coordinated with Landlord's property manager. Tenant must properly dispose of all packing material and refuse in accordance with the Rules and Regulations. Any damage or destruction to the Building or the Premises due to moving will be the sole responsibility of Tenant. Tenant shall maintain (and so deliver at the end of the Lease) this Lease each and every part of the Premises in good repair and condition, ordinary wear and tear and damage by casualty excepted. The delivery of a key or other such tender of possession of the Premises to Landlord or to an employee of Landlord shall makenot operate as a termination of this Lease or a surrender of the Premises except upon written notice by Landlord. Tenant shall: (i) keep the Premises and fixtures in good order; (ii) make repairs and replacements to the Premises or Building needed because of Tenant's misuse or primary negligence; (iii) repair and replace special equipment or decorative treatments installed by or at Tenant's request and that serve the Premises only, except if this Lease is ended because of casualty loss or condemnation; and (iv) not commit waste. Tenant may make non-structural alternations or modifications costing Five Thousand and 00/100 Dollars ($5,000.00) or less without the necessity of Landlord's consent, but agrees to give notice to Landlord of such alterations or modifications. Alterations or modifications costing in excess of Five Thousand and 00/100 Dollars ($5,000.00) may only be made upon Landlord's prior approval based upon plans and specifications provided to Landlord by Tenant, which approval shall not be unreasonably withheld, conditioned or delayed. On termination of this Lease or vacation of the Premises by Tenant, Tenant shall, at Tenant’s 's sole cost and expense, such replacements, restorations, renewals or repairs, in quality equivalent or better than the original work, as may be required to so maintain the same, ordinary wear and tear and damage by insured casualty only excepted. Tenant, however, shall make no structural or interior alterations, additions or improvements to the Premises without Landlord’s prior written consent, and any work performed by Tenant shall be done in good and workmanlike manner, and so as not to disturb or inconvenience other tenants in the Building. Tenant shall not at any time permit any work to be performed on the Premises except by duly licensed contractors or artisans, each of whom must carry general public liability insurance in form and content satisfactory to the Landlord, certificates of which shall be furnished Landlord. At no time may Tenant do any work that results in a claim of lien against Landlord. All alterations, additions or improvements (including, but not limited to, floor covering, wall covering, wall and ceiling lighting fixtures, carpet, drapes and drapery hardware) made or installed by Tenant or by Landlord for Tenant’s benefit to the Premises, shall become the property of Landlord upon the termination or earlier expiration of this Lease. Landlord reserves the right to require Tenant, at Tenant’s expense, (i) to remove any improvements or additions made to the Premises by Tenant, or by Landlord for Tenant’s benefit, upon the expiration or earlier termination of this Lease; and (ii) to repair all injury done by or in connection with installation or removal of said improvements or additions. Tenant further agrees to do so prior to the expiration date of this Lease, or within thirty (30) days after notice from Landlord, whichever shall be later, provided that Landlord gives such notice no later than thirty (30) days prior to the expiration date of this Lease. If the sprinkler system as installed in the Building or any of its appliances shall be damaged or injured or not in proper working order by reason of any act or omission of the Tenant, Tenant’s agents, servants, employees, licensees or visitors, the Tenant shall forthwith restore the same to good working conditions at its own expense. If the Board of Fire Underwriters of Fire Insurance Exchange or any bureau, department or official of the state, county or city government, require or recommend that any changes, modifications, alterations or additional sprinkler heads or other equipment be made or supplied by reason of the Tenant’s business, or the location of partitions, trade fixtures, or other contents of the Premises, or if any such changes, modifications, alterations, additional sprinkler heads or other equipment become necessary to prevent the imposition of a penalty or charge against the full allowance for a sprinkler system in the fire insurance rate as fixed by said Exchange, or by any fire insurance company, Tenant shall, at the Tenant’s expense, promptly make and supply such changes, modifications, alterations, additional sprinkler heads or other equipment. Tenant shall not overload the floors, nor shall Tenant install any heavy business machines or any safes or heavy equipment of any kind without prior written consent of Landlord, which if granted, may be conditioned upon moving by skilled licensed handlers, and installation and maintenance at Tenant’s expense of special reinforcings and settings adequate to carry the additional weight and to absorb and prevent noise and vibration.,

Appears in 1 contract

Samples: Office Lease (Lifepoint Hospitals Holdings Inc)

Tenants Acceptance and Maintenance of Premises. LANDLORD’S DUTIES AND RIGHTS. Tenant, on occupancy of the Premises, represents to the Landlord that it has examined and inspected the same, finds them the Premises to be as represented by the Landlord and satisfactory for Tenant’s intended use, and such occupancy evidences constitutes Tenant’s acceptance “AS IS.” ”, Table of Contents subject to incomplete items about which Tenant notifies Landlord makes no representation or warranty for which Landlord is responsible as to provided herein. Landlord shall diligently and immediately pursue the condition completion of said Premisessuch incomplete items. Tenant shall maintain (and so deliver at the end of the Lease) this Lease each and every part of the Premises in good repair and condition, reasonable wear and shall maketear and damage by insured casualty only excepted. Tenant shall: (i) keep the Premises and fixtures in good order; (ii) make repairs and replacements to the Premises or Building needed because of Tenant’s misuse or negligence, except to the extent that the repairs or replacements are covered by Landlord’s insurance; (iii) repair and replace special equipment or decorative treatments installed by or at Tenant’s sole cost and expenserequest that serve the Premises only, such replacementsexcept (A) to the extent the repairs or replacements are needed because of Landlord’s misuse or negligence, restorations, renewals but not then if covered by Tenant’s insurance or repairs, in quality equivalent or better than the original work, as may be insurance Tenant is required to so maintain carry under this Lease; or (B) if the same, ordinary wear Lease is ended because of casualty loss or condemnation; and tear only excepted(iv) not commit waste. Tenant, however, shall make no structural or interior alterations, additions or improvements to alterations of the Premises which are not in compliance with all then existing applicable codes, ordinances, laws and regulations, and no alterations may be made without Landlord’s prior written consent, and any which consent will not be unreasonably withheld. Any work performed by Tenant shall be done in a good and workmanlike manner, and so as not to unreasonably disturb or inconvenience other tenants in the Building. Tenant shall provide Landlord with at least ten (10) business days’ advance written notice of the commencement of any such alterations to the Premises, and upon receipt of written approval from Landlord, these alterations shall be deemed to be permitted. Tenant shall not at any time permit any work to be performed on the Premises except by duly licensed contractors or artisans, each of whom must carry workmen’s compensation and general public liability insurance in form and content reasonably satisfactory to the Landlord, certificates of which shall be furnished Landlordto Landlord prior to commencement of any such work. At no time may Tenant shall never do any work that which results in a claim of lien against Landlord. All alterations, additions or improvements (including, but not limited to, floor covering, wall covering, wall and ceiling lighting fixtures, carpet, drapes and drapery hardware) made or installed by Tenant or by Landlord for shall cause any lien filed against Tenant’s benefit to the Premises, shall become the property of Landlord upon the termination or earlier expiration of this Lease. Landlord reserves the right to require Tenant, at Tenant’s expense, (i) to remove any improvements or additions made to interest in the Premises by Tenant, to be either cancelled or by Landlord for Tenant’s benefit, upon the expiration or earlier termination of this Lease; and (ii) released pursuant to repair all injury done by or in connection with installation or removal of said improvements or additions. Tenant further agrees to do so prior to the expiration date of this Lease, or NCGS 44A-16 within thirty (30) days after notice from Landlord, whichever shall be later, provided that Landlord gives such notice no later than thirty (30) days prior to the expiration date lien has been filed. On termination of this Lease. If the sprinkler system as installed in the Building , or any of its appliances shall be damaged or injured or not in proper working order by reason of any act or omission vacation of the Premises by Tenant, Tenant’s agents, servants, employees, licensees or visitors, the Tenant shall forthwith restore the same to good working conditions at its own expense. If the Board of Fire Underwriters of Fire Insurance Exchange or any bureau, department or official of the state, county or city government, require or recommend that any changes, modifications, alterations or additional sprinkler heads or other equipment be made or supplied by reason of the Tenant’s business, or the location of partitions, trade fixtures, or other contents of the Premises, or if any such changes, modifications, alterations, additional sprinkler heads or other equipment become necessary to prevent the imposition of a penalty or charge against the full allowance for a sprinkler system in the fire insurance rate as fixed by said Exchange, or by any fire insurance company, Tenant shall, at the Tenant’s expense, promptly make and supply such changes, modifications, alterations, additional sprinkler heads or other equipment. Tenant shall not overload the floors, nor shall Tenant install any heavy business machines or any safes or heavy equipment of any kind without prior written consent of Landlord, which if granted, may be conditioned upon moving by skilled licensed handlers, and installation and maintenance Premises at Tenant’s sole expense to the same condition as existed at the commencement of special reinforcings the Initial Lease Term, ordinary wear and settings adequate tear and damage by insured casualty only excepted. Landlord, however, may elect to carry require Tenant to leave alterations made by Tenant unless at the additional weight and to absorb and prevent noise and vibrationtime of such alterations Landlord agreed in writing they could be removed upon expiration of this Lease.

Appears in 1 contract

Samples: Lease (Borland Software Corp)

Tenants Acceptance and Maintenance of Premises. LANDLORD'S DUTIES AND RIGHTS. Subject to the terms of the attached Work Letter, if any, Tenant, on 's occupancy of the Premises, represents Premises is Tenant's representation to the Landlord that it Tenant has examined and inspected the same, finds them the Premises to be as represented by the Landlord and satisfactory for Tenant’s 's intended use, and such occupancy evidences constitutes Tenant’s 's acceptance “AS IS.” "as is", latent defects excepted. Landlord makes no representation or warranty as to the condition of said Premises. During Tenant's move-in, a representative of Tenant must be on-site with Tenant's moving company to insure proper treatment of the Building and the Premises. Elevators in multi-story office buildings must remain in use for the general public during business hours as defined herein in SECTION 5. Any specialized use of elevators must be coordinated with Landlord's property manager. Tenant must properly dispose of all packing material and refuse in accordance with the Rules and Regulations. Any damage or destruction to the Building or the Premises due to moving will be the sole responsibility of Tenant. Tenant shall maintain (and so deliver at the end of the Lease) this Lease each and every part of the Premises in good repair and condition, and shall make, at Tenant’s sole cost and expense, such replacements, restorations, renewals or repairs, in quality equivalent or better than the original work, as may be required to so maintain the same, ordinary wear and tear only and damage by casualty excepted. The delivery of a key or other such tender of possession of the Premises to Landlord or to an employee of Landlord shall not operate as a termination of this Lease or a surrender of the Premises except upon written notice by Landlord. Tenant shall: (i) keep the Premises and fixtures in good order; (ii) make repairs and replacements to the Premises or Building needed because of Tenant's misuse or primary negligence, unless coverable under insurance policies required to be carried by Landlord hereunder; (iii) repair and replace special equipment or decorative treatments installed by or at Tenant's request and that serve the Premises only, except if this Lease is ended because of casualty loss or condemnation; and (iv) not commit waste. Tenant, however, shall make no structural or interior alterations, additions or improvements to alterations of the Premises without Landlord’s 's prior written consent. If Tenant requires alterations, and any work performed by Landlord's consent is required, Tenant shall be done in good and workmanlike mannerprovide Landlord's managing agent with a complete set of construction drawings, and so as not to disturb or inconvenience other tenants in such agent shall then determine the Building. Tenant shall not at any time permit any actual cost of the work to be performed on done (to include a construction supervision fee of five percent (5%) to be paid to Landlord's managing agent). Tenant may then either agree to pay Landlord to have the Premises except by duly licensed contractors work done or artisanswith Landlord's consent, each of whom must carry general public liability insurance in form and content satisfactory engage their own contractor to perform the Landlord, certificates of which shall be furnished Landlordalterations. At no time may Tenant do any work that results in a claim of lien against Landlord. All alterations, additions or improvements (including, but not limited to, floor covering, wall covering, wall and ceiling lighting fixtures, carpet, drapes and drapery hardware) made or installed by Tenant or by Landlord for Tenant’s benefit to the Premises, shall become the property of Landlord upon the On termination or earlier expiration of this Lease. Landlord reserves the right to require Tenant, at Tenant’s expense, (i) to remove any improvements Lease or additions made to vacation of the Premises by Tenant, or Tenant shall restore the Premises, at Tenant's sole expense, to the same condition as existed at the Commencement Date, ordinary wear and tear and damage by casualty only excepted. Landlord, however, may elect to require Tenant to leave alterations performed for Tenant unless at the time of such alterations Landlord for Tenant’s benefitagreed in writing such alterations could be removed on the Expiration Date, upon the expiration or earlier termination of this Lease; Lease or upon Tenant's vacation of the Premises. Tenant shall keep the Premises and (ii) to repair all injury done the Building free from any liens arising out of any work performed, materials furnished, or obligations incurred by or in connection with installation on behalf of Tenant. Should any claim of lien or removal of said improvements other lien be filed against the Premises or additions. Tenant further agrees to do so prior to the expiration date of this Lease, or within thirty (30) days after notice from Landlord, whichever shall be later, provided that Landlord gives such notice no later than thirty (30) days prior to the expiration date of this Lease. If the sprinkler system as installed in the Building or any of its appliances shall be damaged or injured or not in proper working order by reason of any act or omission of the Tenant or any of Tenant, Tenant’s 's agents, servants, employees, licensees contractors or visitorsrepresentatives, the then Tenant shall forthwith restore cause the same to good working conditions at its own expensebe canceled and discharged of record by bond or otherwise within ten (10) days after notice of the filing thereof. If Should Tenant fail to discharge such lien within such ten (10) day period, then Landlord may discharge the Board same, in which event Tenant shall reimburse Landlord, on demand, as Additional Rent, for the amount of Fire Underwriters the lien or the amount of Fire Insurance Exchange the bond, if greater, plus all administrative costs incurred by Landlord in connection therewith. The remedies provided herein shall be in addition to all other remedies available to Landlord under this Lease or otherwise. Tenant shall have no power to do any act or make any contract that may create or be the foundation of any lien, mortgage or other encumbrance upon the reversionary or other estate of Landlord, or any bureauinterest of Landlord in the Premises. NO CONSTRUCTION LIENS OR OTHER LIENS FOR ANY LABOR, department or official SERVICES OR MATERIALS FURNISHED TO THE PREMISES SHALL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN AND TO THE PREMISES OR THE BUILDING. Notwithstanding anything to the contrary set forth above in this SECTION 6, if Tenant does not perform its maintenance obligations in a timely manner as set forth in this Lease, commencing the same within five (5) days after receipt of written notice from Landlord specifying the statework needed and thereafter diligently and continuously pursuing completion of unfulfilled maintenance obligations, county or city governmentthen Landlord shall have the right, require or recommend that but not the obligation, to perform such maintenance, and any changesamounts so expended by Landlord shall be paid by Tenant to Landlord within thirty (30) days after demand, modifications, alterations or additional sprinkler heads or other equipment be made or supplied with interest at the maximum rate allowed by reason of the Tenant’s business, law (or the location rate of partitionsfifteen percent (15%) per annum, trade fixtureswhichever is less) accruing from the date of expenditure through the date paid. Except for repairs and replacements that Tenant must make under this SECTION 6, or Landlord shall pay for and make all other contents of repairs and replacements to the Premises, common areas and Building (including Building fixtures and equipment). This maintenance shall include the roof, foundation, exterior walls, interior structural walls, all structural components, and all exterior (outside of walls) systems, such as mechanical, electrical, HVAC, and plumbing. Repairs or if any such changes, modifications, alterations, additional sprinkler heads replacements required under SECTION 6 shall be made within a reasonable time (depending on the nature of the repair or other equipment become necessary to prevent replacement needed) after receiving notice from Tenant or Landlord having actual knowledge of the imposition of a penalty or charge against the full allowance need for a sprinkler system in the fire insurance rate as fixed by said Exchange, repair or by any fire insurance company, Tenant shall, at the Tenant’s expense, promptly make and supply such changes, modifications, alterations, additional sprinkler heads or other equipment. Tenant shall not overload the floors, nor shall Tenant install any heavy business machines or any safes or heavy equipment of any kind without prior written consent of Landlord, which if granted, may be conditioned upon moving by skilled licensed handlers, and installation and maintenance at Tenant’s expense of special reinforcings and settings adequate to carry the additional weight and to absorb and prevent noise and vibrationreplacement.

Appears in 1 contract

Samples: Office Lease (Software Spectrum Inc)

Tenants Acceptance and Maintenance of Premises. Tenant, LANDLORD'S DUTIES AND RIGHTS. Tenant on occupancy of the Premises, Premises represents to the Landlord that it has examined and inspected the same, finds them the Premises to be as represented by the Landlord and satisfactory for Tenant’s 's intended use, and such occupancy evidences constitutes Tenant’s 's acceptance “AS IS"as is." Landlord makes no representation or warranty as to the condition of said Premises. Tenant shall maintain (and so deliver at the end of the Lease) this Lease each and every part of the Premises in good repair and condition, and shall make, at Tenant’s sole cost and expense, such replacements, restorations, renewals or repairs, in quality equivalent or better than the original work, as may be required to so maintain the same, ordinary wear and tear only and damage by casualty excepted. Tenant shall: (a) keep the Premises and fixtures in good order; (b) make repairs and replacements to the Premises or Building needed because of Tenant's misuse or primary negligence; (c) repair and replace special equipment or decorative treatments above Building Standard installed by or at Tenant's request and that serve the Premises only, except (A) to the extent the repairs or replacements are needed because of Landlord's misuse or primary negligence, which are not covered by Tenant's insurance, or the insurance Tenant is required to carry under this Lease, whichever coverage is greater, or (B) if this Lease is ended because of casualty loss or condemnation; and (d) not commit waste. Tenant, however, shall make no structural or interior alterations of the Premises. If Tenant requires alterations, additions or improvements to the Premises without Tenant shall provide Landlord’s prior written consent's managing agent with a complete set of construction drawings, and any work performed by Tenant such agent shall be done in good and workmanlike manner, and so as not to disturb or inconvenience other tenants in then determine the Building. Tenant shall not at any time permit any actual cost of the work to be performed done (to include a construction supervision fee of 5% to be paid to Landlord's managing agent). Tenant may then either agree to pay Landlord to have the work done or withdraw its request for alterations. If requested by Landlord on termination of this Lease or vacation of the Premises except by duly licensed contractors or artisansTenant, each of whom must carry general public liability insurance in form and content satisfactory to the Landlord, certificates of which Tenant shall be furnished Landlord. At no time may Tenant do any work that results in a claim of lien against Landlord. All alterations, additions or improvements (including, but not limited to, floor covering, wall covering, wall and ceiling lighting fixtures, carpet, drapes and drapery hardware) made or installed by Tenant or by Landlord for Tenant’s benefit to restore the Premises, shall become at Tenant's sole expense, to the property same condition as existed at the commencement of the term, subject to the provisions of this Section Seven of the Lease, ordinary wear and tear and damage by insured casualty only excepted. Landlord, however, may elect to require Tenant to leave alterations performed for Tenant unless at the time of such alterations Landlord upon the termination or earlier agreed in writing they could be removed on expiration of this Lease. Landlord reserves Upon the right to require Tenant, at Tenant’s expense, (i) to remove termination of this Lease for any improvements purpose or additions made to the vacating of Suite 102 of the Premises by Tenant, or by Landlord for Tenant’s benefitTenant shall, upon the expiration written request of Landlord, remove the lab equipment that has been installed in Suite 102 and restore the Suite so that it can be used for standard office space. Items to be removed will include specialized equipment and associated electrical, plumbing and mechanical items, specialized ceiling tile, floor coverings and lighting, as well as, walls that are not Building-standard or earlier termination representative of this Lease; and (ii) standard office space. This provision shall not require Tenant to add any walls, except as may be needed to repair areas where walls are required to be removed. Except for repairs and replacements that Tenant must make under this Xxxxxxxxx 0, Xxxxxxxx shall pay for and make all injury done by or in connection with installation or removal of said improvements or additions. Tenant further agrees to do so prior other repairs and replacements to the expiration date Premises, common areas and Building (including Building fixtures and equipment). Except for non-standard items installed for Tenant's sole use, Landlord shall make the repairs and replacements to maintain the Building in a condition comparable to other first class office buildings in the Metropolitan area where the Premises are located. This maintenance shall include the roof, foundation, exterior walls, interior structural walls, all structural components, and all exterior (outside of walls) systems, such as mechanical, electrical, HVAC, and plumbing. Repairs or replacements required under Paragraph 7 shall be made within a reasonable time (depending on the nature of the repair or replacement needed) after receiving notice from Tenant or having actual knowledge of the need for a repair or replacement. Notwithstanding anything to the contrary set forth above in this Paragraph 7, if Tenant does not perform its maintenance obligations in a timely manner as set forth in this Lease, or commencing the same within five (5) days of receipt of notice from Landlord specifying the work needed and thereafter diligently and continuously pursuing completion of unfulfilled maintenance obligations, Landlord shall have the right, but not the obligation, to perform such maintenance, and any amounts so expended by Landlord shall be paid by Tenant to Landlord within thirty (30) days after notice from Landlorddemand, with interest at the maximum rate allowed by law (or the rate of fifteen percent (15%) per annum, whichever shall be later, provided that Landlord gives such notice no later than thirty (30is less) days prior to from the expiration date of this Lease. If expenditure through the sprinkler system as installed in the Building or any of its appliances shall be damaged or injured or not in proper working order by reason of any act or omission of the Tenant, Tenant’s agents, servants, employees, licensees or visitors, the Tenant shall forthwith restore the same to good working conditions at its own expense. If the Board of Fire Underwriters of Fire Insurance Exchange or any bureau, department or official of the state, county or city government, require or recommend that any changes, modifications, alterations or additional sprinkler heads or other equipment be made or supplied by reason of the Tenant’s business, or the location of partitions, trade fixtures, or other contents of the Premises, or if any such changes, modifications, alterations, additional sprinkler heads or other equipment become necessary to prevent the imposition of a penalty or charge against the full allowance for a sprinkler system in the fire insurance rate as fixed by said Exchange, or by any fire insurance company, Tenant shall, at the Tenant’s expense, promptly make and supply such changes, modifications, alterations, additional sprinkler heads or other equipment. Tenant shall not overload the floors, nor shall Tenant install any heavy business machines or any safes or heavy equipment of any kind without prior written consent of Landlord, which if granted, may be conditioned upon moving by skilled licensed handlers, and installation and maintenance at Tenant’s expense of special reinforcings and settings adequate to carry the additional weight and to absorb and prevent noise and vibrationdate paid.

Appears in 1 contract

Samples: Office Lease (Incara Pharmaceuticals Corp)

Tenants Acceptance and Maintenance of Premises. Tenant, on occupancy of the Premises, represents to the Landlord that it has examined and inspected the same, finds them to be as represented by the Landlord and satisfactory for Tenant’s 's intended use, and such occupancy evidences Tenant’s 's acceptance "AS IS." Landlord makes no representation or warranty as to the condition of said Premises. Tenant shall maintain (and so deliver at the end of the Lease) each and every part of the Premises in good repair and condition, and shall make, at Tenant’s 's sole cost and expense, such replacements, restorations, renewals or repairs, in quality equivalent or better than the original work, as may be required to so maintain the same, ordinary wear and tear only excepted. Tenant, however, shall make no structural or interior alterations, additions or improvements to the Premises without Landlord’s 's prior written consent, and any such work shall be performed by Tenant shall be done in good and workmanlike mannerLandlord at the Tenant's sole expense, and so as shall not to disturb or inconvenience other tenants in the Building. Tenant shall not at any time perform any work on the Premises or permit any work to be performed on the Premises except unless the Landlord has permitted the Tenant to perform such work directly. Any work so performed by the Tenant shall be performed by duly licensed contractors or artisans, each of whom must carry general public liability insurance in form and content satisfactory to the Landlord, certificates of which shall be furnished Landlord. At no time may Tenant do any work that results in a claim of lien against Landlord. All alterations, additions or improvements (including, but not limited to, floor covering, wall covering, wall and ceiling lighting fixtures, carpet, drapes and drapery hardware) but specifically excluding the Liebert Unit made or installed by Tenant or by Landlord for Tenant’s 's benefit to the Premises, shall become the property of Landlord upon the termination or earlier expiration of this Lease. Landlord reserves the right to require Tenant, at Tenant’s 's expense, (i) to remove any improvements or additions made to the Premises by Tenant, or by Landlord for Tenant’s 's benefit, upon the expiration or earlier termination of this Lease unless the Landlord has in fact consented in writing to the installation of such improvements (and the Landlord may require, as a condition of granting any such consent, that the Tenant agree to remove such improvements upon termination or earlier expiration of the Lease); and (ii) to repair all injury damage done by or in connection with installation or removal of said improvements or additions. Tenant further agrees to do so prior to the expiration date of this Lease, or within thirty (30) days after notice from Landlord, whichever shall be later, provided that Landlord gives such notice no later than thirty (30) days prior to the expiration date of this Lease. If the sprinkler system as installed in the Building or any of its appliances shall be damaged or injured or not in proper working order by reason of any act or omission of the Tenant, Tenant’s 's agents, servants, employees, licensees or visitors, the Tenant shall forthwith restore the same to good working conditions at its own expense. If the Board of Fire Underwriters of Fire Insurance Exchange or any bureau, department or official of the state, county or city government, require requires or recommend recommends that any changes, modifications, alterations or additional sprinkler heads or other equipment be made or supplied by reason of the Tenant’s 's business, or the location of partitions, trade fixtures, or other contents of the Premises, or if any such changes, modifications, alterations, additional sprinkler heads or other equipment become necessary to prevent the imposition of a penalty or charge against the full allowance for a sprinkler system in the fire insurance rate as fixed by said Exchange, or by any fire insurance company, Tenant shall, at the Tenant’s 's expense, promptly make and supply such changes, modifications, alterations, additional sprinkler heads or other equipment. Tenant shall not overload the floors, nor shall Tenant install any heavy business machines or any safes or heavy equipment of any kind without prior written consent of Landlord, which if granted, may be conditioned upon moving by skilled licensed handlers, and installation and maintenance at Tenant’s 's expense of special reinforcings and settings adequate to carry the additional weight and to absorb and prevent noise and vibration.

Appears in 1 contract

Samples: Lease Agreement (Seer Technologies Inc /De)

Tenants Acceptance and Maintenance of Premises. Tenant, on occupancy of the Premises, represents to the Landlord that it has examined and inspected the same, finds them to be as represented by the Landlord and satisfactory for Tenant’s 's intended use, and such occupancy evidences Tenant’s 's acceptance "AS IS." Landlord makes no representation or warranty as to the condition of said Premises. Tenant shall maintain (and so deliver at the end of the Lease) each and every part of the Premises in good repair and condition, and shall make, at Tenant’s 's sole cost and expense, such replacements, restorations, renewals or repairs, in quality equivalent or better than the original work, as may be required to so maintain the same, ordinary wear and tear only excepted. Tenant, however, shall make no structural or interior alterations, additions or improvements to the Premises without Landlord’s 's prior written consent, and any work performed by Tenant shall be done in good and workmanlike manner, and so as not to disturb or inconvenience other tenants in the Building. Tenant shall not at any time permit any work to be performed on the Premises except by duly licensed contractors or artisans, each of whom must carry general public liability insurance in form and content satisfactory to the Landlord, certificates of which shall be furnished Landlord. At no time may Tenant do any work that results in a claim of lien against Landlord. All alterations, additions or improvements (including, but not limited to, floor covering, wall covering, wall and ceiling lighting fixtures, carpet, drapes and drapery hardware) made or installed by Tenant or by Landlord for Tenant’s 's benefit to the Premises, shall become the property of Landlord upon the termination or earlier expiration of this Lease. Landlord reserves the right to require Tenant, at Tenant’s 's expense, (i) to remove any improvements or additions made to the Premises by Tenant, or by Landlord for Tenant’s 's benefit, upon the expiration or earlier termination of this Lease; and (ii) to repair all injury done by or in connection with installation or removal of said improvements or additions. Tenant further agrees to do so prior to the expiration date of this Lease, or within thirty (30) days after notice from Landlord, whichever shall be later, provided that Landlord gives such notice no later than thirty (30) days prior to the expiration date of this Lease. If the sprinkler system as installed in the Building or any of its appliances shall be damaged or injured or not in proper working order by reason of any act or omission of the Tenant, Tenant’s 's agents, servants, employees, licensees or visitors, the Tenant shall forthwith restore the same to good working conditions at its own expense. If the Board of Fire Underwriters of Fire Insurance Exchange or any bureau, department or official of the state, county or city government, require or recommend that any changes, modifications, alterations or additional sprinkler heads or other equipment be made or supplied by reason of the Tenant’s 's business, or the location of partitions, trade fixtures, or other contents of the Premises, or if any such changes, modifications, alterations, additional sprinkler heads or other equipment become necessary to prevent the imposition of a penalty or charge against the full allowance for a sprinkler system in the fire insurance rate as fixed by said Exchange, or by any fire insurance company, Tenant shall, at the Tenant’s 's expense, promptly make and supply such changes, modifications, alterations, additional sprinkler heads or other equipment. Tenant shall not overload the floors, nor shall Tenant install any heavy business machines or any safes or heavy equipment of any kind without prior written consent of Landlord, which if granted, may be conditioned upon moving by skilled licensed handlers, and installation and maintenance at Tenant’s 's expense of special reinforcings and settings adequate to carry the additional weight and to absorb and prevent noise and vibration.

Appears in 1 contract

Samples: Lease Agreement (Level 8 Systems Inc)

AutoNDA by SimpleDocs

Tenants Acceptance and Maintenance of Premises. Tenant, on Tenant or occupancy of the Premises, Demised Premises represents to the Landlord that it has examined and inspected the same, finds them to be as represented by the Landlord and satisfactory for Tenant’s Xxxxxx's intended use, and such occupancy evidences Tenant’s Xxxxxx's acceptance “AS IS.” "as is". Landlord makes no representation or warranty as to the condition of said Demised Premises. Tenant shall maintain (and so deliver at the end of the Lease) each and every part of the Demised Premises (excluding exterior drives, walks and parking areas and common areas in the building to be maintained by Landlord) in good repair and condition, and shall make, make at Tenant’s 's sole cost and expense, expense such replacements, restorations, renewals or repairs, in quality equivalent or better than the original workwork replaced, as may be required to so maintain the same, same ordinary wear and tear only excepted. Tenant, however, shall make no structural or interior alterations, additions or improvements to alterations of the Demised Premises without Landlord’s 's prior written consent, and any work performed by Tenant shall be done in a good and workmanlike manner, and so as not to disturb or inconvenience other tenants Tenants in the Buildingbuilding. Tenant shall not at any time permit any work to be performed on the Demised Premises except by duly licensed contractors or artisans, each of whom must carry general public liability insurance in form and content satisfactory to the Landlordinsurance, certificates of which shall be furnished by Landlord. At no time may Tenant do any work that results in a claim of lien against Landlord. All alterations, additions or improvements (including, but not limited to, floor covering, wall covering, wall and ceiling lighting fixtures, carpet, drapes and drapery hardware) made or installed by Tenant or if requested by Landlord for Tenant’s benefit to the Premises, shall become the property of Landlord upon the termination or earlier expiration of this Lease. Landlord reserves the right to require Tenant, at Tenant’s expense, (i) to remove any improvements or additions made to the Premises by Tenant, or by Landlord for Tenant’s benefit, upon the expiration or earlier on termination of this Lease; and (ii) to repair all injury done by the lease or in connection with installation or removal of said improvements or additions. Tenant further agrees to do so prior to the expiration date of this Lease, or within thirty (30) days after notice from Landlord, whichever shall be later, provided that Landlord gives such notice no later than thirty (30) days prior to the expiration date of this Lease. If the sprinkler system as installed in the Building or any of its appliances shall be damaged or injured or not in proper working order by reason of any act or omission vacation of the Tenant, Tenant’s agents, servants, employees, licensees or visitors, the Tenant shall forthwith restore the same to good working conditions at its own expense. If the Board of Fire Underwriters of Fire Insurance Exchange or any bureau, department or official of the state, county or city government, require or recommend that any changes, modifications, alterations or additional sprinkler heads or other equipment be made or supplied Premise by reason of the Tenant’s business, or the location of partitions, trade fixtures, or other contents of the Premises, or if any such changes, modifications, alterations, additional sprinkler heads or other equipment become necessary to prevent the imposition of a penalty or charge against the full allowance for a sprinkler system in the fire insurance rate as fixed by said Exchange, or by any fire insurance company, Tenant shall, at the Tenant’s expense, promptly make and supply such changes, modifications, alterations, additional sprinkler heads or other equipmentXxxxxx. Tenant shall not overload restore at Xxxxxx's sole expense the floorspremises to the same condition as existed at the commencement of the term, nor shall Tenant install any heavy business machines or any safes or heavy equipment of any kind without prior written consent of ordinary wear and tear only excepted. Landlord, which if grantedhowever, may be conditioned upon moving elect to require Tenant to leave alterations performed by skilled licensed handlers, and installation and maintenance at Tenant’s expense of special reinforcings and settings adequate to carry the additional weight and to absorb and prevent noise and vibrationit.

Appears in 1 contract

Samples: Lease Amendment (SBS Technologies Inc)

Tenants Acceptance and Maintenance of Premises. Tenant, LANDLORD'S DUTIES AND RIGHTS. Tenant on occupancy of the Premises, Premises represents to the Landlord that it has examined and inspected the same, finds them the Premises to be as represented by the Landlord and satisfactory for Tenant’s 's intended use, and such occupancy evidences constitutes Tenant’s 's acceptance “AS IS.” "as is" excluding punch list items which will be completed within thirty (30) days of occupancy. Landlord makes no representation or warranty as to the condition of said Premises. Tenant shall maintain (and so deliver at the end of the Lease) this Lease each and every part of the Premises in as good repair and condition, and shall make, condition as received at Tenant’s sole cost and expense, such replacements, restorations, renewals or repairs, in quality equivalent or better than the original work, as may be required to so maintain the sameCommencement Date, ordinary wear and tear only and damage by insured casualty excepted. Tenant, at Tenant's sole cost, will have the right to install an ATM kiosk, vault and safe at a location acceptable to Landlord. Upon Lease Expiration, Tenant, at its option may either remove the vault in it's entirety, or leave the vault in it's entirety. All other Tenant fixtures, except for the ATM machine, will remain as part of the Premises. Tenant shall: (A) keep the Premises and fixtures in good order; (B) make repairs and replacements to the Premises or Building needed because of Tenant's misuse or primary negligence; (C) repair and replace special equipment or decorative treatments above Building Standard installed by or at Tenant's request and that serve the Premises only, except (i) to the extent the repairs or replacements are needed because of Landlord's or another tenant's misuse or primary negligence, which are not covered by Tenant's insurance, or the insurance Tenant is required to carry under this Lease, whichever coverage is greater, or (ii) if this Lease is ended because of casualty loss or condemnation; and (D) not commit waste and (E) shall comply with all federal, state and local laws and regulations except as to pre-existing defects, violations or conditions. Tenant, however, shall make no structural or exterior alterations to the Premises. Except for minor work or interior cosmetic alterations, additions if Tenant requires alterations, Tenant shall provide Landlord or improvements to the Premises without Landlord’s prior written consent's managing agent with a complete set of construction drawings, and any work performed by Tenant such agent shall be done in good and workmanlike manner, and so as not to disturb or inconvenience other tenants in then determine the Building. Tenant shall not at any time permit any actual cost of the work to be performed on done. Landlord will provide three (3) bids. Tenant may then either agree to pay Landlord to have the work done or withdraw its request for alterations. At the time Tenant makes a written request for alterations, Landlord will determine if Tenant must remove the improvements at the end of the term, at Tenant's sole expense, and restore the Demised Premises except by duly licensed contractors or artisans, each of whom must carry general public liability insurance in form and content satisfactory to the same condition as existed at the commencement of the term, ordinary wear and tear and damage by insured casualty only excepted. Landlord, certificates however, may elect to require Tenant to leave alterations performed for Tenant unless at the time of which shall such alterations Landlord agreed in writing they could be furnished Landlord. At no time may Tenant do any work that results in a claim of lien against Landlord. All alterations, additions or improvements (including, but not limited to, floor covering, wall covering, wall and ceiling lighting fixtures, carpet, drapes and drapery hardware) made or installed by Tenant or by Landlord for Tenant’s benefit to the Premises, shall become the property of Landlord upon the termination or earlier removed on expiration of this Lease. Except for repairs and replacements that Tenant must make under this Paragraph 7, Landlord reserves the right to require Tenant, at Tenant’s expense, (i) to remove any improvements or additions made shall pay for xxx xxxx xxx xxxxx xepairs and replacements to the Premises by TenantPremises, or by Landlord common areas and Building (including Building fixtures and equipment, roof and parking lot). Except for non-standard items installed for Tenant’s benefit's sole use, upon Landlord shall make the expiration repairs and replacements to maintain the Building in a condition comparable to other first class office buildings in the Metropolitan area where the Premises are located. This maintenance shall include the roof, foundation, exterior walls, interior structural walls, all structural components, and all exterior (outside of walls) systems, such as mechanical, electrical, HVAC, and plumbing. Repairs or earlier termination replacements required under Paragraph 7 shall be made within a reasonable time (depending on the nature of this Lease; and (iithe repair or replacement needed) to after receiving notice from Tenant or having actual knowledge of the need for a repair all injury done by or in connection with installation or removal of said improvements or additionsreplacement. Tenant further agrees to do so prior Notwithstanding anything to the expiration date of contrary set forth above in this Paragraph 7, if Tenant does not perform its maintenance obligations in a timely manner as set forth in this Lease, or commencing the same within five (5) days of receipt of notice from Landlord specifying the work needed and thereafter diligently and continuously pursuing completion of unfulfilled maintenance obligations, Landlord shall have the right, but not the obligation, to perform such maintenance, and any reasonable amounts so expended by Landlord shall be paid by Tenant to Landlord within thirty (30) days after notice from Landlorddemand, with interest at the maximum rate allowed by law (or the rate of fifteen percent (15%) per annum, whichever shall be later, provided that Landlord gives such notice no later than thirty (30is less) days prior to from the expiration date of this Lease. If expenditure through the sprinkler system as installed in the Building or any of its appliances shall be damaged or injured or not in proper working order by reason of any act or omission of the Tenant, Tenant’s agents, servants, employees, licensees or visitors, the Tenant shall forthwith restore the same to good working conditions at its own expense. If the Board of Fire Underwriters of Fire Insurance Exchange or any bureau, department or official of the state, county or city government, require or recommend that any changes, modifications, alterations or additional sprinkler heads or other equipment be made or supplied by reason of the Tenant’s business, or the location of partitions, trade fixtures, or other contents of the Premises, or if any such changes, modifications, alterations, additional sprinkler heads or other equipment become necessary to prevent the imposition of a penalty or charge against the full allowance for a sprinkler system in the fire insurance rate as fixed by said Exchange, or by any fire insurance company, Tenant shall, at the Tenant’s expense, promptly make and supply such changes, modifications, alterations, additional sprinkler heads or other equipment. Tenant shall not overload the floors, nor shall Tenant install any heavy business machines or any safes or heavy equipment of any kind without prior written consent of Landlord, which if granted, may be conditioned upon moving by skilled licensed handlers, and installation and maintenance at Tenant’s expense of special reinforcings and settings adequate to carry the additional weight and to absorb and prevent noise and vibrationdate paid.

Appears in 1 contract

Samples: Office Lease (Capital Bank Corp)

Tenants Acceptance and Maintenance of Premises. Tenant, on UP-FIT IMPROVEMENTS. Tenant shall have thirty (30) days from its occupancy of the PremisesPremises to notify Landlord of any patent construction defects, after which Tenant represents to the Landlord that it Tenant has examined and inspected the same, finds them the Premises to be as represented by the Landlord and satisfactory for Tenant’s 's intended use, and such occupancy evidences Tenant’s 's acceptance “AS IS.” "where is" and "as is," except for latent defects in the construction of the Building (excluding any improvements installed or constructed by Tenant or its agents) identified by Tenant within one (1) year(s) after the Commencement Date. Landlord makes no representation or warranty as to the condition or suitability of said the Premises. Tenant shall maintain (and so deliver at the end of the Lease) each and every part of the Premises (excluding exterior drives, walks and parking areas and common areas in the Building to be maintained by Landlord) in as good repair and conditioncondition as received, and shall make, make at Tenant’s 's sole cost and expense, expense such replacements, restorations, renewals or repairs, in quality equivalent or better than to the original workwork replaced, as may be reasonably required to so maintain the same, excepting only ordinary wear and tear only exceptedand other matters for which Tenant is not responsible hereunder. Tenant, however, shall make no structural or interior alterations, additions or improvements to exterior alterations of the Premises without Landlord’s 's prior written consent, not to be unreasonably withheld or delayed, and any work performed by Tenant shall be done in a good and workmanlike manner, and so as not to unreasonably disturb or inconvenience other tenants in the Building. With respect to interior alterations (other than minor, nonstructural alterations of a cosmetic nature) to be undertaken during the term of this Lease, subject to the prior written approval of Landlord which shall not be unreasonably withheld or delayed and provided Tenant is not in default hereunder beyond any applicable cure period, Tenant may make interior alterations required for Tenant's business, including, without limitation, the reconfiguration of partition walls within the Premises. Tenant shall not at any time permit any work to be performed on the Premises except by duly licensed contractors or artisans, each of whom must carry general public liability insurance in form insurance, and content satisfactory to the Landlord, copies of certificates of which evidencing same shall be furnished Landlord. At no time may Tenant do any work that results in a claim of lien against Landlord. All alterationsProvided that Landlord has originally approved the alteration or improvement, additions or improvements (including, but not limited to, floor covering, wall covering, wall and ceiling lighting fixtures, carpet, drapes and drapery hardware) made or installed by Tenant or unless removal is required by Landlord for when Landlord's approval of a proposed Tenant alteration or improvement is originally made Tenant shall not be required to remove such an alteration or improvement from the Premises. If removal is required, Tenant shall remove the specified alteration or improvement at Tenant’s benefit 's sole cost and expense, ordinary wear and tear only excepted. All alterations and improvements to the Premises, whether undertaken by Tenant or Landlord, other than the Tenant Improvements (which are subject to a separate construction management fee as described in Section 1 herein), shall become be subject to a fee (the property "Construction Management Fee"). Tenant agrees to pay Landlord the Construction Management Fee as follows: (a) five percent (5%) of Landlord upon the termination or earlier expiration total cost of this Lease. Landlord reserves the right to require Tenant, at Tenant’s expense, planning and constructing any alterations and improvements if such construction costs exceed Ten Thousand and No/100 Dollars (i) to remove any improvements or additions made to the Premises by Tenant, or by Landlord for Tenant’s benefit, upon the expiration or earlier termination of this Lease$10,000.00); and (ii) to repair all injury done by or in connection with installation or removal of said improvements or additions. Tenant further agrees to do so prior to the expiration date of this Lease, or within thirty (30) days after notice from Landlord, whichever shall be later, provided that Landlord gives such notice no later than thirty (30) days prior to the expiration date of this Lease. If the sprinkler system as installed in the Building or any of its appliances shall be damaged or injured or not in proper working order by reason of any act or omission of the Tenant, Tenant’s agents, servants, employees, licensees or visitors, the Tenant shall forthwith restore the same to good working conditions at its own expense. If the Board of Fire Underwriters of Fire Insurance Exchange or any bureau, department or official of the state, county or city government, require or recommend that any changes, modifications, alterations or additional sprinkler heads or other equipment be made or supplied by reason of the Tenant’s business, or the location of partitions, trade fixtures, or other contents of the Premises, or if any such changes, modifications, alterations, additional sprinkler heads or other equipment become necessary to prevent the imposition of a penalty or charge against the full allowance for a sprinkler system in the fire insurance rate as fixed by said Exchange, or by any fire insurance company, Tenant shall, at the Tenant’s expense, promptly make and supply such changes, modifications, alterations, additional sprinkler heads or other equipment. Tenant shall not overload the floors, nor shall Tenant install any heavy business machines or any safes or heavy equipment of any kind without prior written consent of Landlord, which if granted, may be conditioned upon moving by skilled licensed handlers, and installation and maintenance at Tenant’s expense of special reinforcings and settings adequate to carry the additional weight and to absorb and prevent noise and vibration.ADDENDUM NO.3 TO LEASE AGREEMENT OPTION TO EXTEND LEASE TERM

Appears in 1 contract

Samples: Change in Control Severance Agreement (Capital Bank Corp)

Tenants Acceptance and Maintenance of Premises. TenantLandlord shall notify Tenant that each floor of the Premises is substantially complete, on occupancy as defined in Section 31.6, ten (10) business days prior to Landlord's delivery of that portion of the Premises, represents to the Landlord that it has examined and inspected the same, finds them to be as represented by the Landlord and satisfactory for Tenant’s intended use, and such occupancy evidences Tenant’s acceptance “AS IS.” Landlord makes no representation or warranty as to the condition . Upon delivery of said Premises. Tenant shall maintain (and so deliver at the end of the Lease) each and every part floor of the Premises to Tenant, Landlord and Tenant shall conduct a walk through of Premises and create a punch list of items of any deficiencies then apparent in good repair Landlord's Work and conditionthe Tenant Improvement Work performed by Landlord's contractor ("PUNCH LIST"). Landlord shall promptly commence and diligently prosecute until completed the items set forth in the Punch List. Landlord's obligation and/or liability to Tenant for deficiencies shall be limited to the correction of the noted deficiencies set forth on the Punch List, which correction of shall be made to the extent required for compliance with Landlord's Work and the Tenant Improvement Work performed by Landlord's contractor as set forth in EXHIBIT C. Tenant shall makebe deemed to have accepted the Premises upon Landlord's delivery of possession, unless the failure to complete the items set forth on the Punch List means that the Premises are not substantially complete, in which case acceptance shall be upon completion of such Punch List work. Landlord's obligations to maintain the Building are as set forth in Section 14.1 hereof. Tenant shall, at all times during the term hereof at Tenant’s 's sole cost and expense, such replacementskeep the following items in good order, restorationscondition and repair, renewals or repairs, in quality equivalent or better than the original work, as may be required to so maintain the same, ordinary reasonable wear and tear only excepted. Tenant, however, shall make no structural or interior alterations, additions or improvements to the Premises without Landlord’s prior written consent, and any work performed by Tenant shall be done in good and workmanlike manner, and so as not to disturb or inconvenience other tenants in the Building. Tenant shall not at any time permit any work to be performed on the Premises except by duly licensed contractors or artisans, each of whom must carry general public liability insurance in form and content satisfactory to the Landlord, certificates of which shall be furnished Landlord. At no time may Tenant do any work that results in a claim of lien against Landlord. All alterations, additions or improvements (including, but not limited to, floor covering, wall covering, wall and ceiling lighting fixtures, carpet, drapes and drapery hardware) made or installed by Tenant or by Landlord for Tenant’s benefit to the Premises, shall become the property of Landlord upon the termination or earlier expiration of this Lease. Landlord reserves the right to require Tenant, at Tenant’s expense, : (i) to remove any improvements or additions made to the Premises by floor coverings, (ii) wall coverings, (iii) paint, (iv) casework, (v) ceiling tiles, (vi) all of Tenant, or by Landlord for Tenant’s benefit, upon the expiration or earlier termination of this Lease's Property (as defined in Section 13.2 herein); and (iivii) any and all Tenant Improvements. Landlord shall have no obligation to repair all injury done by or in connection with installation or removal of said improvements or additions. Tenant further agrees to do so prior to the expiration date of this Leasealter, remove, improve, repair, decorate, or within thirty (30) days after notice from Landlord, whichever shall be later, provided that Landlord gives such notice no later than thirty (30) days prior to paint the expiration date Premises or any part thereof except as specified in EXHIBIT C attached hereto and made a part hereof. No representations respecting the condition of this Lease. If the sprinkler system as installed in Premises or the Building or any of its appliances shall be damaged or injured or not in proper working order have been made by reason of any act or omission of the Landlord to Tenant, Tenant’s agents, servants, employees, licensees or visitors, the Tenant shall forthwith restore the same to good working conditions at its own expense. If the Board of Fire Underwriters of Fire Insurance Exchange or any bureau, department or official of the state, county or city government, require or recommend that any changes, modifications, alterations or additional sprinkler heads or other equipment be made or supplied by reason of the Tenant’s business, or the location of partitions, trade fixtures, or other contents of the Premises, or if any such changes, modifications, alterations, additional sprinkler heads or other equipment become necessary to prevent the imposition of a penalty or charge against the full allowance for a sprinkler system in the fire insurance rate except as fixed by said Exchange, or by any fire insurance company, Tenant shall, at the Tenant’s expense, promptly make and supply such changes, modifications, alterations, additional sprinkler heads or other equipment. Tenant shall not overload the floors, nor shall Tenant install any heavy business machines or any safes or heavy equipment of any kind without prior written consent of Landlord, which if granted, may be conditioned upon moving by skilled licensed handlers, and installation and maintenance at Tenant’s expense of special reinforcings and settings adequate to carry the additional weight and to absorb and prevent noise and vibrationherein set forth.

Appears in 1 contract

Samples: Lease Agreement (Webtrends Corp)

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