TENANT'S CARE OF THE PREMISES. Subject to Article 18, Tenant shall maintain the Premises (including Tenant's equipment, personal property, and trade fixtures located in the Premises) in their condition at the time they were delivered to Tenant, reasonable wear and tear excluded. Tenant shall immediately advise Landlord of any damage to the Premises, Building or the Project. Tenant shall be liable for all damage or injury to the Premises, Building, the Project, or the fixtures, appurtenances, and equipment in the Premises, Building or the Project that is caused by Tenant, its agents, employees, or invitees to the extent: (1) not attributable to risk required by this Lease to be insured against, or actually insured against, by Landlord under Section 6.1(a) and (b); or (ii) Landlord otherwise fails to receive full reimbursement for any such damage or injury under the policies insuring risks required to be insured, or actually insured against by Landlord under Section 6.1 (a) and (b). Under clause (ii) above, and without limiting the generality thereof, Tenant shall be liable for Landlord's deductible amounts under applicable insurance policies, and if Landlord elects to self-insure under Section 6.1, Tenant shall be liable for an amount which would be a reasonable deductible amount by reference to the insurance maintained in similar projects in the vicinity of the Project. Landlord shall have the right but not the obligation to repair such damage at Tenant's expense, and such expense (plus fifteen percent (15%) of such expense for Landlord's overhead) will be collectible as Additional Rent and will be paid by Tenant within thirty (30) days after receipt of Landlord's invoice.
Appears in 4 contracts
Samples: Lease Agreement (World Wide Magic Net Inc), Lease Agreement (World Wide Magic Net Inc), Lease Agreement (World Wide Magic Net Inc)
TENANT'S CARE OF THE PREMISES. Subject to Article 18, Tenant shall maintain the Premises (including including, but not limited to, Tenant's ’s equipment, personal property, property and trade fixtures located in the Premises) in their the same condition as at the time they were delivered to Tenant, Tenant (reasonable wear and tear excluded). Tenant shall immediately advise Landlord of any damage to the Premises, Building or the ProjectProject of which Tenant has knowledge. Tenant shall be liable for all All damage or injury to the Premises, Building, Building or the Project, or the fixtures, appurtenances, and equipment in the Premises, Building or the Project that is located therein caused by Tenant, its agents, employees, or invitees invitees, to the extent: extent not covered by insurance, shall, at Landlord’s option, either (1i) not attributable to risk required by this Lease to be insured againstrepaired, restored, or actually insured against, replaced by Landlord under Section 6.1(aat the expense of Tenant, which actual expense (including ten percent (10% of such expense for Landlord’s overhead) shall be collectible by Landlord as Additional Rent and shall be payable by Tenant not more than ten (b)10) days after delivery to Tenant of a statement for the same; or (ii) Landlord otherwise fails to receive full reimbursement for any such damage or injury under the policies insuring risks be required to be insuredrepaired by Tenant, at Tenant’s sole cost and expense, to at least the condition the same were in prior to such damage. Tenant shall (A) adopt and enforce good housekeeping practices, ventilation and vigilant moisture control within the Premises (particularly in kitchen areas, janitorial closets, bathrooms, in and around water fountains and other plumbing facilities and fixtures, break rooms, in and around outside walls, and in and around HVAC systems and associated drains) for the prevention of mold (such measures, “Mold Prevention Practices”), and (B) regularly monitor the Premises for the presence of mold and conditions that reasonably can be expected to give rise to or be attributed to mold or fungus including, but not limited to, observed or suspected instances of water damage, condensation, seepage, leaks or any other water collection or penetration (from any source, internal or external), mold growth, mildew, repeated complaints of respiratory ailments or eye irritation by Tenant’s employees or any other occupants of the Premises, or actually insured against by Landlord under Section 6.1 any notice from a governmental agency of complaints regarding the indoor air quality at the Premises (a) the “Mold Conditions”); and (b)C) immediately notify Landlord in writing if it observes, suspects, has reason to believe or knows of mold or Mold Conditions in, at or about the Premises or a surrounding area. Under clause (ii) aboveIn the event of suspected mold or Mold Conditions in, at or about the Premises and without limiting the generality thereofsurrounding areas, Tenant shall be liable for Landlord's deductible amounts under applicable insurance policies, and if Landlord elects to self-insure under Section 6.1, Tenant shall be liable for may cause an amount which would be a reasonable deductible amount by reference to the insurance maintained in similar projects in the vicinity inspection of the Project. Premises to be conducted, during such time as Landlord shall have may designate, to determine if mold or Mold Conditions are present in, at or about the right but not the obligation to repair such damage at Tenant's expense, and such expense (plus fifteen percent (15%) of such expense for Landlord's overhead) will be collectible as Additional Rent and will be paid by Tenant within thirty (30) days after receipt of Landlord's invoicePremises.
Appears in 2 contracts
Samples: Office Lease, Office Lease (Zillow Inc)
TENANT'S CARE OF THE PREMISES. Subject Except for such items that Landlord is required to Article 18maintain under this Lease, Tenant shall maintain the Premises (including including, but not limited to, Tenant's ’s equipment, personal property, property and trade fixtures located in the Premises) in their the same condition as at the time they were delivered to Tenant, Tenant (reasonable wear and tear excluded). Tenant shall immediately advise Landlord of any damage to the Premises, Building or the ProjectProject of which Tenant has knowledge. Tenant shall be liable for all All damage or injury to the Premises, Building, Building or the Project, or the fixtures, appurtenances, and equipment in the Premises, Building or the Project that is located therein caused by Tenant, its agents, employees, or invitees to the extent: shall, at Landlord’s option, either (1i) not attributable to risk required by this Lease to be insured againstrepaired, restored, or actually insured against, replaced by Landlord under Section 6.1(a) and (b); or (ii) Landlord otherwise fails to receive full reimbursement for any such damage or injury under at the policies insuring risks required to be insuredexpense of Tenant, or actually insured against by Landlord under Section 6.1 (a) and (b). Under clause (ii) above, and without limiting the generality thereof, Tenant shall be liable for Landlord's deductible amounts under applicable insurance policies, and if Landlord elects to self-insure under Section 6.1, Tenant shall be liable for an amount which would be a reasonable deductible amount by reference to the insurance maintained in similar projects in the vicinity of the Project. Landlord shall have the right but not the obligation to repair such damage at Tenant's expense, and such expense (plus fifteen ten percent (1510%) of such expense for Landlord's ’s overhead) will shall be collectible by Landlord as Additional Rent and will shall be paid payable by Tenant within thirty not more than ten (3010) days after receipt delivery to Tenant of Landlord's invoicea statement for the same; or (ii) be required to be repaired by Tenant, at Tenant’s sole cost and expense, to at least the condition the same were in prior to such damage. Tenant shall (A) adopt and enforce good housekeeping practices, ventilation and vigilant moisture control within the Premises (particularly in kitchen areas, janitorial closets, bathrooms, in and around water fountains and other plumbing facilities and fixtures, break rooms, in and around outside walls, and in and around HVAC systems and associated drains) for the prevention of mold (such measures, “Mold Prevention Practices”), and (B) regularly monitor the Premises for the presence of mold and conditions that reasonably can be expected to give rise to or be attributed to mold or fungus including, but not limited to, observed or suspected instances of water damage, condensation, seepage, leaks or any other water collection or penetration (from any source, internal or external), mold growth, mildew, repeated complaints of respiratory ailments or eye irritation by Tenant’s employees or any other occupants of the Premises, or any notice from a governmental agency of complaints regarding the indoor air [***] Denotes confidential information omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment. quality at the Premises (the “Mold Conditions”); and (C) immediately notify Landlord in writing if it observes, suspects, has reason to believe or knows of mold or Mold Conditions in, at or about the Premises or a surrounding area. In the event of suspected mold or Mold Conditions in, at or about the Premises and surrounding areas, Landlord may cause an inspection of the Premises to be conducted, during such time as Landlord may designate, to determine if mold or Mold Conditions are present in, at or about the Premises.
Appears in 1 contract
Samples: Office Lease (Dendreon Corp)
TENANT'S CARE OF THE PREMISES. Subject Except for items Landlord is required to Article 18maintain under this Lease, Tenant shall maintain the Premises (including including, but not limited to, Tenant's ’s equipment, personal property, property and trade fixtures located in the Premises) in their the same condition as at the time they were delivered to Tenant, Tenant (reasonable wear and tear excluded). Tenant shall immediately advise Landlord of any damage to the Premises, Building or the ProjectProject of which Tenant has knowledge. Tenant shall be liable for all All damage or injury to the Premises, Building, Building or the Project, or the fixtures, appurtenances, and equipment in the Premises, Building or the Project that is located therein caused by Tenant, its agents, employees, or invitees to the extent: shall, at Landlord’s option, either (1i) not attributable to risk required by this Lease to be insured againstrepaired, restored, or actually insured against, replaced by Landlord under Section 6.1(a) and (b); or (ii) Landlord otherwise fails to receive full reimbursement for any such damage or injury under at the policies insuring risks required to be insuredexpense of Tenant, or actually insured against by Landlord under Section 6.1 (a) and (b). Under clause (ii) above, and without limiting the generality thereof, Tenant shall be liable for Landlord's deductible amounts under applicable insurance policies, and if Landlord elects to self-insure under Section 6.1, Tenant shall be liable for an amount which would be a reasonable deductible amount by reference to the insurance maintained in similar projects in the vicinity of the Project. Landlord shall have the right but not the obligation to repair such damage at Tenant's expense, and such expense (plus fifteen ten percent (1510%) of such expense for Landlord's ’s overhead) will shall be collectible by Landlord as Additional Rent and will shall be paid payable by Tenant within thirty not more than ten (3010) days after receipt delivery to Tenant of Landlord's invoicea statement for the same; or (ii) be required to be repaired by Tenant, at Tenant’s sole cost and expense, to at least the condition the same were in prior to such damage. Tenant shall (A) adopt and enforce good housekeeping practices, ventilation and vigilant moisture control within the Premises (particularly in kitchen areas, janitorial closets, bathrooms, in and around water fountains and other plumbing facilities and fixtures, break rooms, in and around outside walls, and in and around HVAC systems and associated drains) for the prevention of mold (such measures, “Mold Prevention Practices”), and (B) regularly monitor the Premises for the presence of mold and conditions that reasonably can be expected to give rise to or be attributed to mold or fungus including, but not limited to, observed or suspected instances of water damage, condensation, seepage, leaks or any other water collection or penetration (from any source, internal or external), mold growth, mildew, repeated complaints of respiratory ailments or eye irritation by Tenant’s employees or any other occupants of the Premises, or any notice from a governmental agency of complaints regarding the indoor air quality at the Premises (the “Mold Conditions”); and (C) immediately notify Landlord in writing if it observes, suspects, has reason to believe or knows of mold or Mold Conditions in, at or about the Premises or a surrounding area. In the event of suspected mold or Mold Conditions in, at or about the Premises and surrounding areas, Landlord may cause an inspection of the Premises to be conducted, during such time as Landlord may designate, to determine if mold or Mold Conditions are present in, at or about the Premises.
Appears in 1 contract
Samples: Office Lease (Acucela Inc)