Common use of Tenant’s Duties Clause in Contracts

Tenant’s Duties. Tenant agrees that it shall during the Term: --------------- (a) Not use or occupy the Premises in violation of law or of the certificate of occupancy issued for the Building, and shall, upon written notice from Landlord, discontinue any use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of law or of said certificate of occupancy. Tenant shall comply with any direction of any governmental authority having jurisdiction which shall, by reason of the nature of Tenant's use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. (b) Give Landlord access to the Premises at all reasonable times, upon reasonable advance notice to Tenant (which notice shall be directed to Tenant's "Facilities Department" in addition to any other person to whom notices are required to be given under this Lease), without charge or diminution of Rent, to enable Landlord to examine the same and to make such repairs, additions and alterations as are required under the terms of this Lease, including the right to show the Premises for the purpose of a potential sale or lease. If Tenant fails to respond to Landlord's request for access within one (1) business day, Tenant shall be deemed to have agreed to the time and manner of Landlord's requested access. If Landlord proposes to show the Premises, Tenant will be allowed to limit or prevent access to those portions of the Premises Tenant deems, in its sole business judgment, sensitive or confidential. Furthermore, if Landlord proposes to show the Premises to a prospective Tenant, Landlord may be precluded from doing so, except during the last six (6) months of the Lease term. (c) Keep the Premises in good order and condition, reasonable wear and tear and casualty damage excepted, and replace all broken glass with glass of the same quality as that broken, save only glass broken by fire and extended coverage type risks. (d) Recognize that improvements attached to the Premises become the property of the Building and may not be removed without approval of Landlord which approval may be subject to the Tenant's paying for the cost of repairs resulting from the removal of such improvements. (e) Upon the termination of this Lease in any manner whatsoever, remove Tenant's property and those of any other person claiming under Tenant, and quit and deliver up the Premises to Landlord peaceably and quietly in as good order and condition as the same are in on the Commencement Date, reasonable use and wear thereof, casualty damage and permitted alterations and additions not specifically required to be removed upon termination of the Lease as they were added excepted. The foregoing property required to be removed that is not removed by Tenant at the termination of this Lease, however terminated, shall be considered abandoned and Landlord may dispose of the same in the manner it deems expedient with reasonable cost to be billed to the Tenant. (f) Not place signs on the outside of the Premises or in places visible from the outside by the public, without the prior written consent of Landlord and subject to all applicable governmental rules and restrictions, as well as the "Building Rules and Regulations as set forth in Exhibit "E". (g) Not use or allow the Premises to be used for any unlawful purpose, nor cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. (h) Not do or permit to be done anything which will invalidate or increase the cost of any fire, extended coverage or any other insurance policy covering the Building and/or property located therein unless Tenant agrees, after Landlord gives thirty (30) days prior written notice to Tenant of the cost thereof, to reimburse Landlord for any increase in the cost of such insurance and subject to lender's approval. Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charges for such policy by reason of Tenant's failure to comply with the provisions of this Section. (i) Observe the "Building Rules and Regulations" described in Exhibit "E", and which may be modified by Landlord from time to time provided Tenant is given at least ten (10) business days prior written notice of such now or amended rules and provided further that such new or amended rules do not materially interfere with the terms and conditions of this Lease or unreasonably interfere with Tenant's quiet enjoyment and its intended use of the Real Property, the Building or the Premises or materially increase Tenant's cost of operations or occupying the Premises and, provided further, that the Building Rules and Regulations shall not discriminate against Tenant and are enforced by Landlord in a non-discriminatory manner. (j) Notify Landlord in writing promptly upon Tenant's discovery of any latent defects in the Building and/or the Premises. So long as Tenant has promptly notified Landlord in writing of any latent defect(s) (of which Tenant has knowledge) in the building shell construction and the Tenant Improvements owned by Landlord, then Tenant shall not be responsible for the costs and expense of repairing latent defect(s) in the building shell construction and the tenant improvements owned by Landlord. Provided, if Tenant fails to notify Landlord of a latent defect of which Tenant has knowledge, then the failure to notify Landlord must be a proximate cause of Landlord's damage before Tenant would be responsible for the costs and expenses to repair such latent defect(s).

Appears in 1 contract

Samples: Sublease Agreement (Mercata Inc)

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Tenant’s Duties. Tenant agrees that it Tenant, at its sole cost and expense, shall during the Term: --------------- (a) Not use or occupy the Premises provide interior pest extermination services and shall maintain in violation a clean and sanitary condition and in a good state of law or of the certificate of occupancy issued for the Building, and shall, upon written notice from Landlord, discontinue any use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of law or of said certificate of occupancy. Tenant shall comply with any direction of any governmental authority having jurisdiction which shall, by reason of the nature of Tenant's use or occupancy repair all other portions of the Premises, impose any duty upon including, but in no way limited to, all plumbing, wiring, glazing, interior and exterior windows, interior and exterior doors, floors, ceilings, interior walls and the interior surface of exterior walls, all fixtures, fire protection systems, equipment and signs, except for repairs caused by the negligent acts or omissions of Landlord and its agents. Tenant or Landlord with respect to shall assume the Premises or with respect to responsibility for repairs and replacement of heating and air conditioning systems (the use or occupation thereof. “HVAC”) servicing the Premises. Without limiting the generality of the immediately preceding sentence: (a) Tenant shall replace all filters in the HVAC systems as recommended by the manufacturer’s specifications; and (b) Give Landlord access to the Premises at all reasonable times, upon reasonable advance notice to Tenant (which notice shall be directed to Tenant's "Facilities Department" in addition to any other person to whom notices are required to be given under this Lease), without charge or diminution of Rent, to enable Landlord to examine the same and to make such repairs, additions and alterations as are required under the terms of this Lease, including the right to show the Premises for the purpose of a potential sale or lease. If Tenant fails to respond to Landlord's request for access within one (1) business day, Tenant shall be deemed to have agreed to the time entire heating, ventilation and manner air conditioning equipment maintained by a qualified or licensed HVAC contractor, as required, but at least quarterly. Tenant shall provide Landlord with a copy of Landlord's requested accessthe invoice or report from the company engaged for maintenance of the HVAC, giving evidence that the system has been properly maintained. If Landlord proposes to show the Premises, has not received from Tenant will be allowed to limit or prevent access to those portions of the Premises Tenant deems, in its sole business judgment, sensitive or confidential. Furthermore, if Landlord proposes to show the Premises to a prospective Tenant, Landlord may be precluded from doing so, except during the last six (6) months of the Lease term. (c) Keep the Premises in good order and condition, reasonable wear and tear and casualty damage excepted, and replace all broken glass with glass of the same quality as that broken, save only glass broken by fire and extended coverage type risks. (d) Recognize that improvements attached to the Premises become the property of the Building and may not be removed without approval of Landlord which approval may be subject to the Tenant's paying for the cost of repairs resulting from the removal of such improvements. (e) Upon the termination of this Lease in any manner whatsoever, remove Tenant's property and those of any other person claiming under Tenant, and quit and deliver up the Premises to Landlord peaceably and quietly in as good order and condition as the same are in on the Commencement Date, reasonable use and wear thereof, casualty damage and permitted alterations and additions not specifically required to be removed upon termination of the Lease as they were added excepted. The foregoing property required to be removed that is not removed by Tenant at the termination of this Lease, however terminated, shall be considered abandoned and Landlord may dispose of the same in the manner it deems expedient with reasonable cost to be billed to the Tenant. (f) Not place signs on the outside of the Premises or in places visible from the outside by the public, without the prior written consent of Landlord and subject to all applicable governmental rules and restrictions, as well as the "Building Rules and Regulations as set forth in Exhibit "E". (g) Not use or allow the Premises to be used for any unlawful purpose, nor cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. (h) Not do or permit to be done anything which will invalidate or increase the cost of any fire, extended coverage or any other insurance policy covering the Building and/or property located therein unless Tenant agrees, after Landlord gives within thirty (30) days prior written notice to Tenant of the cost thereofend of each quarter, a copy of the invoice or report, then Landlord shall have the right to reimburse have the HVAC inspected and/or maintained if required by a company to be selected by Landlord. Landlord shall xxxx Tenant for any increase in the cost of such insurance and subject to lender's approval. Tenant this inspection and/or maintenance, which shall promptly, upon demand, reimburse Landlord for any additional premium charges for such policy by reason of Tenant's failure to comply with the provisions of this Section. (i) Observe the "Building Rules and Regulations" described in Exhibit "E", and which may be modified by Landlord from time to time provided Tenant is given at least paid within ten (10) business days prior written notice of such now or amended rules receipt of Landlord’s invoice. Landlord covenants and provided further agrees that such new or amended rules do not materially interfere with Tenant shall have the terms and conditions of this Lease or unreasonably interfere with Tenant's quiet enjoyment and its intended use of the Real Property, the Building or the Premises or materially increase Tenant's cost of operations or occupying the Premises and, provided further, that the Building Rules and Regulations shall not discriminate against Tenant and are enforced by Landlord in a non-discriminatory manner. (j) Notify Landlord in writing promptly upon Tenant's discovery full benefit of any latent defects in warranty applicable to the Building and/or the Premises. So long as Tenant has promptly notified Landlord in writing of HVAC or any latent defect(s) (of other items for which Tenant has knowledge) in the building shell construction and the Tenant Improvements owned by Landlord, then Tenant shall not be is responsible for the costs and expense of repairing latent defect(s) in the building shell construction and the tenant improvements owned by Landlord. Provided, if Tenant fails to notify Landlord of a latent defect of which Tenant has knowledge, then the failure to notify Landlord must be a proximate cause of Landlord's damage before Tenant would be responsible for the costs and expenses to repair such latent defect(s)maintain under this Lease.

Appears in 1 contract

Samples: Industrial Lease (Hyliion Holdings Corp.)

Tenant’s Duties. Tenant agrees that it shall during maintain the Term: --------------- (a) Not use or occupy interior of the Building and all improvements therein in good condition and repair and shall promptly repair all damage to the Premises in violation of law and to improvements thereon, including without limitation replace or of the certificate of occupancy issued for repair all glass, doors, fixtures, equipment, interior walls, fire sprinkler monitoring, grease trap maintenance, interior pipes and utility lines within the Building, . Tenant also shall make such repairs and shall, upon written notice from Landlord, discontinue alterations within the Building that may be necessary to comply with the requirements of any use of the Premises which is declared by any governmental or quasi-governmental authority having jurisdiction to be a violation of law or of said certificate of occupancyjurisdiction. If Tenant does not do so, Landlord may, but need not, make such repairs and replacements, and Tenant shall comply with any direction of any governmental authority having jurisdiction which shallpay Landlord the cost thereof forthwith upon being billed. Landlord may, by reason of the nature of Tenant's use or occupancy of the Premisesbut shall not be required to, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. (b) Give Landlord access to enter the Premises at all reasonable times, upon reasonable advance notice to Tenant (which notice shall be directed to Tenant's "Facilities Department" in addition to any other person to whom notices are required to be given under this Lease), without charge or diminution of Rent, to enable Landlord to examine the same and times to make such repairs, additions and alterations as are required under the terms of this Lease, including the right any repairs to show the Premises for the purpose of a potential sale or lease. If Tenant fails to respond to Landlord's request for access within one (1) business day, Tenant shall be deemed to have agreed to the time and manner of Landlord's requested access. If Landlord proposes to show the Premises, Tenant will be allowed to limit or prevent access to those portions of the building on the Premises Tenant deems, in its sole business judgment, sensitive as Landlord shall desire or confidential. Furthermore, if Landlord proposes to show the Premises to a prospective Tenant, deem necessary or as Landlord may be precluded from doing so, except during required by the last six (6) months order of the Lease term. (c) Keep the Premises in good order and condition, reasonable wear and tear and casualty damage excepted, and replace all broken glass with glass decree of the same quality as that broken, save only glass broken any court or by fire and extended coverage type risks. (d) Recognize that improvements attached to the Premises become the property of the Building and may not be removed without approval of Landlord which approval may be subject to the Tenant's paying for the cost of repairs resulting from the removal of such improvements. (e) any governmental authority. Upon the expiration or termination of this Lease in accordance with its terms, or in the event that Landlord exercises its right to take over any manner whatsoevermaintenance as provided herein, remove Tenant's property and those of at Landlord’s request, Tenant shall transfer or assign to Landlord all warranties, express or implied, under any other person claiming under Tenant, and quit and deliver up contract or subcontracts relating to any improvements or equipment Tenant built or installed within the Premises to Landlord peaceably and quietly in as good order and condition as the same are in on the Commencement Date, reasonable use and wear thereof, casualty damage and permitted alterations and additions not specifically required to be removed upon termination of the Lease as they were added excepted. The foregoing property required to be removed that is not removed by Tenant at the termination of this Lease, however terminated, shall be considered abandoned and Landlord may dispose of the same in the manner it deems expedient with reasonable cost to be billed to the Tenant. (f) Not place signs on the outside of serve the Premises or in places visible from the outside by the public, without the prior written consent of Landlord and subject to all applicable governmental rules and restrictions, as well as the "Building Rules and Regulations as set forth in Exhibit "E". (g) Not use or allow the Premises to be used for any unlawful purpose, nor cause, maintain or permit any nuisance in, on or about the Premisesexclusively. Tenant shall not commit or suffer to be committed any waste obtain and keep in or upon the Premises. effect a regularly scheduled (hat least quarterly) Not do or permit to be done anything which will invalidate or increase the cost of any firepreventative maintenance service contract for all heating, extended coverage or any other insurance policy covering the Building and/or property located therein unless Tenant agreesair conditioning, after Landlord gives thirty (30) days prior written notice to Tenant of the cost thereof, to reimburse Landlord for any increase in the cost of such insurance ventilation and subject to lender's approvalwater heating equipment with a qualified contractor approved by Landlord. Tenant shall promptlymaintain written records of maintenance and repairs, as required by any applicable law, ordinance, or regulation, and shall use certified technicians to perform such maintenance and repairs, if so required. If Tenant does not comply with its obligations under this Article, Landlord may, but need not, make such repairs and replacements or obtain such service contracts, and Tenant shall pay Landlord the cost upon demand, reimburse together with a service fee in the amount of 10% of the cost. Moreover, as long as Tenant, at Tenant’s expense, has the above referenced quarterly regular scheduled preventative maintenance service performed on all heating, air conditioning, and ventilation equipment (and provides documentation evidencing the same to Landlord) , Landlord shall, at Landlord’s expense, pay for any additional premium charges for other necessary repair or replacement of such policy by reason of Tenant's failure to comply with the provisions of this Section. (i) Observe the "Building Rules and Regulations" described in Exhibit "E"heating, air conditioning, and which may be modified by Landlord from time to time provided Tenant is given at least ten ventilation equipment that occurs during the first twelve (1012) business days prior written notice of such now or amended rules and provided further that such new or amended rules do not materially interfere with the terms and conditions of this Lease or unreasonably interfere with Tenant's quiet enjoyment and its intended use months of the Real Property, the Building or the Premises or materially increase Tenant's cost of operations or occupying the Premises and, provided further, that the Building Rules and Regulations shall not discriminate against Tenant and are enforced by Landlord in a non-discriminatory mannerTerm. (j) Notify Landlord in writing promptly upon Tenant's discovery of any latent defects in the Building and/or the Premises. So long as Tenant has promptly notified Landlord in writing of any latent defect(s) (of which Tenant has knowledge) in the building shell construction and the Tenant Improvements owned by Landlord, then Tenant shall not be responsible for the costs and expense of repairing latent defect(s) in the building shell construction and the tenant improvements owned by Landlord. Provided, if Tenant fails to notify Landlord of a latent defect of which Tenant has knowledge, then the failure to notify Landlord must be a proximate cause of Landlord's damage before Tenant would be responsible for the costs and expenses to repair such latent defect(s).

Appears in 1 contract

Samples: Retail Triple Net Lease

Tenant’s Duties. Tenant agrees that it shall during the Term: --------------- at its sole cost and expense (ai) Not use or occupy the Premises in violation of law or of the certificate of occupancy issued for the Buildingrepair, replace, repaint, and shallmaintain all in first class condition, upon written notice from Landlord, discontinue any use all portions of the Premises which is declared by any governmental authority having jurisdiction to be a violation of law or of said certificate of occupancy. Tenant shall comply with any direction of any governmental authority having jurisdiction which shall, by reason of the nature of Tenant's use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect (except to the Premises or with respect to the use or occupation thereof. (b) Give extent same is expressly and specifically required of Landlord access to the Premises at all reasonable times, upon reasonable advance notice to Tenant (which notice shall be directed to Tenant's "Facilities Department" in addition to any other person to whom notices are required to be given under this Lease), without charge or diminution (ii) arrange for the daily removal of Renttrash from the Premises, to enable Landlord to examine (iii) furnish first class janitorial services within the same Premises, (iv) maintain and to make such repairs, additions and alterations as are required under the terms of this Lease, including the right to show repair any plate-glass windows within the Premises and all interior and exterior doors of the Premises, (v) maintain, repair, and replace the heating, air-conditioning, and ventilation system located within the Premises (that is, from their points of entry into the Premises) and any portion of same located outside the Premises and exclusively serving the Premises (provided that Landlord provides Tenant access to same), with Tenant’s obligation with respect to HVAC to include maintaining a service agreement relative to such systems reasonably satisfactory to Landlord (a copy of which Tenant shall furnish to Landlord prior to Tenant opening for business to the purpose public), and (vi) maintain and repair all plumbing lines and fixtures, all telephone lines and wiring, all wiring, fixtures, lamps, and tubes serving the Premises, and all other utility lines, pipes, conduits, circuits, and other elements providing utilities (provided that Tenant’s responsibility shall only extend to the portion of a potential sale such items within the Premises). Tenant is additionally liable for any damage to the Building resulting from the acts or leaseomissions of Tenant or any Tenant Party. If Tenant fails to respond to Landlord's request for access within one (1) business daymaintain, Tenant shall be deemed to have agreed to the time and manner repair, replace, or repaint any portion of Landlord's requested access. If Landlord proposes to show the Premises, Tenant will be allowed to limit or prevent access to those portions of the Premises Tenant deems, in its sole business judgment, sensitive or confidential. Furthermore, if Landlord proposes to show the Premises to a prospective Tenant, Landlord may be precluded from doing so, except during the last six (6) months of the Lease term. (c) Keep the Premises in good order and condition, reasonable wear and tear and casualty damage exceptedas provided above, and replace all broken glass with glass of fails to cure same within the same quality as that broken, save only glass broken by fire and extended coverage type risks. (d) Recognize that improvements attached to the Premises become the property of the Building and may not be removed without approval of Landlord which approval may be subject to the Tenant's paying for the cost of repairs resulting from the removal of such improvements. (e) Upon the termination of this Lease applicable cure period set forth in any manner whatsoever, remove Tenant's property and those of any other person claiming under Tenant, and quit and deliver up the Premises to Landlord peaceably and quietly in as good order and condition as the same are in on the Commencement Date, reasonable use and wear thereof, casualty damage and permitted alterations and additions not specifically required to be removed upon termination of the Lease as they were added excepted. The foregoing property required to be removed that is not removed by Tenant at the termination of this Lease, however terminated, shall be considered abandoned and Landlord may dispose or if Tenant or any Tenant Party damages any portion of the same in the manner it deems expedient with reasonable cost to be billed to the Tenant. (f) Not place signs on the outside Building, then Landlord may, at its election, maintain, repair, replace, or repaint any such portion of the Premises or in places visible from the outside by the public, without the prior written consent of Landlord Building and subject to all applicable governmental rules and restrictions, as well as the "Building Rules and Regulations as set forth in Exhibit "E". (g) Not use or allow the Premises to be used for any unlawful purpose, nor cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. (h) Not do or permit to be done anything which will invalidate or increase the cost of any firereimburse Landlord, extended coverage or any other insurance policy covering the Building and/or property located therein unless Tenant agrees, after Landlord gives within thirty (30) days prior written notice to Tenant of the cost thereof, to reimburse Landlord for any increase in the cost of such insurance and subject to lender's approval. Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charges for such policy by reason of Tenant's failure to comply with the provisions of this Section. (i) Observe the "Building Rules and Regulations" described in Exhibit "E", and which may be modified by Landlord from time to time provided Tenant is given at least ten (10) business days prior written notice of such now or amended rules and provided further that such new or amended rules do not materially interfere with the terms and conditions of this Lease or unreasonably interfere with Tenant's quiet enjoyment and its intended use of the Real Property, the Building or the Premises or materially increase Tenant's cost of operations or occupying the Premises and, provided further, that the Building Rules and Regulations shall not discriminate against Tenant and are enforced by Landlord in a non-discriminatory manner. (j) Notify Landlord in writing promptly upon Tenant's discovery of any latent defects in the Building and/or the Premises. So long as Tenant has promptly notified Landlord in writing of any latent defect(s) (of which Tenant has knowledge) in the building shell construction and the Tenant Improvements owned after demand by Landlord, then Tenant shall not be responsible for the costs and expense of repairing latent defect(s) in the building shell construction and the tenant improvements owned by Landlord. Provided, if Tenant fails to notify Landlord of a latent defect of which Tenant has knowledge, then the failure to notify Landlord must be a proximate cause of Landlord's damage before Tenant would be responsible for the costs and expenses to repair such latent defect(s)’s actual cost thereof.

Appears in 1 contract

Samples: Lease Agreement (SKYX Platforms Corp.)

Tenant’s Duties. The Tenant, at Tenant’s sole cost and expense, shall, except for services furnished or otherwise provided by the Landlord, maintain the Premises and all trade fixtures and refrigeration equipment contained therein in a safe, clean, and neat condition, and otherwise in good order and repair. The Tenant agrees shall maintain lavatory, toilet, wash basin, kitchen facilities, all Building Systems exclusively serving the Premises and any supplemental HVAC system (including all plumbing connected to said system installed by or on behalf of the Tenant). From and after the Final Delivery Date, Tenant, at its sole costs and expenses, shall also maintain and keep in good order, condition, and repair the Common Areas of the Property including, but not limited to, all signs, elevators, parking areas, parking area and sidewalk pavement, utilities and facilities, all Building Systems, and all other areas of the Property (but excluding landscaping). Further, the Tenant shall pay for the cost of any repairs to the Property made necessary by any negligence or willful misconduct of the Tenant, or any of its agents, vendors, employees, licensees, or invitees. In the event that it shall during the Term: --------------- (a) Not use or occupy Tenant fails to so maintain the Premises in violation of law or good order, condition, and repair, the Landlord shall give the Tenant thirty (30) days’ notice to do such acts as are reasonably required to properly maintain the Premises. In the event that the Tenant fails to commence such work within the thirty (30) day period, and diligently pursue it to completion, then the Landlord shall have the right, but shall not be required, to do such acts and expend such funds, at the expense of the certificate of occupancy issued Tenant, as are reasonably necessary to perform such maintenance and repairs. Landlord shall have no liability to Tenant for any damage, inconvenience or interference with the Building, and shall, upon written notice from Landlord, discontinue any use of the Premises which is declared by Xxxxxx as a result of performing any governmental authority having jurisdiction to be a violation of law or of said certificate of occupancy. Tenant shall comply with any direction of any governmental authority having jurisdiction which shall, by reason of the nature of Tenant's use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereofsuch work. (b) Give Landlord access to the Premises at all reasonable times, upon reasonable advance notice to Tenant (which notice shall be directed to Tenant's "Facilities Department" in addition to any other person to whom notices are required to be given under this Lease), without charge or diminution of Rent, to enable Landlord to examine the same and to make such repairs, additions and alterations as are required under the terms of this Lease, including the right to show the Premises for the purpose of a potential sale or lease. If Tenant fails to respond to Landlord's request for access within one (1) business day, Tenant shall be deemed to have agreed to the time and manner of Landlord's requested access. If Landlord proposes to show the Premises, Tenant will be allowed to limit or prevent access to those portions of the Premises Tenant deems, in its sole business judgment, sensitive or confidential. Furthermore, if Landlord proposes to show the Premises to a prospective Tenant, Landlord may be precluded from doing so, except during the last six (6) months of the Lease term. (c) Keep the Premises in good order and condition, reasonable wear and tear and casualty damage excepted, and replace all broken glass with glass of the same quality as that broken, save only glass broken by fire and extended coverage type risks. (d) Recognize that improvements attached to the Premises become the property of the Building and may not be removed without approval of Landlord which approval may be subject to the Tenant's paying for the cost of repairs resulting from the removal of such improvements. (e) Upon the termination of this Lease in any manner whatsoever, remove Tenant's property and those of any other person claiming under Tenant, and quit and deliver up the Premises to Landlord peaceably and quietly in as good order and condition as the same are in on the Commencement Date, reasonable use and wear thereof, casualty damage and permitted alterations and additions not specifically required to be removed upon termination of the Lease as they were added excepted. The foregoing property required to be removed that is not removed by Tenant at the termination of this Lease, however terminated, shall be considered abandoned and Landlord may dispose of the same in the manner it deems expedient with reasonable cost to be billed to the Tenant. (f) Not place signs on the outside of the Premises or in places visible from the outside by the public, without the prior written consent of Landlord and subject to all applicable governmental rules and restrictions, as well as the "Building Rules and Regulations as set forth in Exhibit "E". (g) Not use or allow the Premises to be used for any unlawful purpose, nor cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. (h) Not do or permit to be done anything which will invalidate or increase the cost of any fire, extended coverage or any other insurance policy covering the Building and/or property located therein unless Tenant agrees, after Landlord gives thirty (30) days prior written notice to Tenant of the cost thereof, to reimburse Landlord for any increase in the cost of such insurance and subject to lender's approval. Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charges for such policy by reason of Tenant's failure to comply with the provisions of this Section. (i) Observe the "Building Rules and Regulations" described in Exhibit "E", and which may be modified by Landlord from time to time provided Tenant is given at least ten (10) business days prior written notice of such now or amended rules and provided further that such new or amended rules do not materially interfere with the terms and conditions of this Lease or unreasonably interfere with Tenant's quiet enjoyment and its intended use of the Real Property, the Building or the Premises or materially increase Tenant's cost of operations or occupying the Premises and, provided further, that the Building Rules and Regulations shall not discriminate against Tenant and are enforced by Landlord in a non-discriminatory manner. (j) Notify Landlord in writing promptly upon Tenant's discovery of any latent defects in the Building and/or the Premises. So long as Tenant has promptly notified Landlord in writing of any latent defect(s) (of which Tenant has knowledge) in the building shell construction and the Tenant Improvements owned by Landlord, then Tenant shall not be responsible for the costs and expense of repairing latent defect(s) in the building shell construction and the tenant improvements owned by Landlord. Provided, if Tenant fails to notify Landlord of a latent defect of which Tenant has knowledge, then the failure to notify Landlord must be a proximate cause of Landlord's damage before Tenant would be responsible for the costs and expenses to repair such latent defect(s).

Appears in 1 contract

Samples: Lease Agreement

Tenant’s Duties. The Tenant agrees that it shall during shall: A. Keep the Term: --------------- (a) Not use or occupy the Premises in violation of law or of the certificate of occupancy issued for the Building, interior and shall, upon written notice from Landlord, discontinue any use exterior of the Premises which is declared that he/she occupies and uses safe and sanitary. B. Tenant shall supply suitable trash receptacles and dispose of all rubbish, garbage, and other waste in a clean, safe and sanitary manner approved by any governmental authority having jurisdiction to be a violation the landlord; Tenant shall maintain and permit the free flow of law or of said certificate of occupancyall interior and exterior drains and drains. Tenant shall comply with any direction pay $50.00 for each incident of any governmental authority having jurisdiction which shall, trash/garbage clean up by reason of the nature of Tenant's use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to Landlord. C. Keep all plumbing fixtures in the Premises or with respect to the use or occupation thereofas clean as their condition permits. (b) Give Landlord access to D. Use and operate all electrical and plumbing fixtures properly. E. Comply with the Premises at requirements of Tenants by all reasonable timesapplicable state and local housing, upon reasonable advance notice to Tenant (which notice shall be directed to Tenant's "Facilities Department" in addition to health and safety codes. F. Personally refrain, and forbid any other person to whom notices are required to be given under this Lease), without charge or diminution of Rent, to enable Landlord to examine the same and to make such repairs, additions and alterations as are required under the terms of this Lease, including the right to show who is on the Premises for the purpose with his/her permission, from intentionally or negligently destroying, defacing, damaging, or removing any fixture, appliance or other part of a potential sale or lease. If Tenant fails to respond to Landlord's request for access within one (1) business day, Tenant shall be deemed to have agreed to the time and manner of Landlord's requested access. If Landlord proposes to show the Premises, Tenant will be allowed to limit or prevent access to those portions of the Premises Tenant deems, in its sole business judgment, sensitive or confidential. Furthermore, if Landlord proposes to show the Premises to a prospective Tenant, Landlord may be precluded from doing so, except during the last six (6) months of the Lease term. (c) Keep the Premises in good order and condition, reasonable wear and tear and casualty damage excepted, and replace all broken glass with glass of the same quality as that broken, save only glass broken by fire and extended coverage type risks. (d) Recognize that improvements attached to the Premises become the property of the Building and may not be removed without approval of Landlord which approval may be subject to the Tenant's paying for the cost of repairs resulting from the removal of such improvements. (e) Upon the termination of this Lease in any manner whatsoever, remove Tenant's property and those of any other person claiming under Tenant, and quit and deliver up the Premises to Landlord peaceably and quietly in as good order and condition as the same are in on the Commencement Date, reasonable use and wear thereof, casualty damage and permitted alterations and additions not specifically required to be removed upon termination of the Lease as they were added excepted. The foregoing property required to be removed that is not removed by Tenant at the termination of this Lease, however terminated, shall be considered abandoned and Landlord may dispose of the same in the manner it deems expedient with reasonable cost to be billed to the Tenant. (f) Not place signs on the outside of the Premises or in places visible from the outside by the public, without the prior written consent of Landlord and subject to all applicable governmental rules and restrictions, as well as the "Building Rules and Regulations as set forth in Exhibit "E". (g) Not use or allow the Premises to be used for any unlawful purpose, nor cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. (h) Not do G. Maintain in good working order and condition any range, refrigerator, washer, dryer, dishwasher, or permit to be done anything which will invalidate or increase other appliances supplied by the cost of any fire, extended coverage or any other insurance policy covering Landlord. H. Promptly notify the Building and/or property located therein unless Tenant agrees, after Landlord gives thirty (30) days prior written notice to Tenant of the cost thereofneed for repairs. I. Conduct him/herself and require other persons on Premises with his/her consent to conduct themselves in a manner that will not disturb the neighbors' “peaceful enjoyment” of the Premises. J. Not unreasonably withhold consent for Landlord or its agents to enter the Premises. X. Conduct him/herself, and require persons in his/her household and persons on the Premises with his/her consent to reimburse Landlord for conduct themselves, in connection with the Premises so as not to violate the prohibitions contained in Chapters 2925 and 3719 of the Revised Code, or in municipal ordinances that are substantially similar to any increase section in the cost either of such insurance and subject those chapters, which relate to lender's approval. controlled substances. L. Tenant shall promptlyregularly test all smoke and carbon monoxide detectors, upon demand, reimburse Landlord for refrain from removing or disabling any additional premium charges for such policy by reason of Tenant's failure to comply with the provisions of this Section. (i) Observe the "Building Rules smoke and/or carbon monoxide detectors and Regulations" described in Exhibit "E", and which may be modified by Landlord from time to time provided Tenant is given at least ten (10) business days prior written notice of such now or amended rules and provided further that such new or amended rules do not materially interfere with the terms and conditions of this Lease or unreasonably interfere with Tenant's quiet enjoyment and its intended use of the Real Property, the Building or the Premises or materially increase Tenant's cost of operations or occupying the Premises and, provided further, that the Building Rules and Regulations shall not discriminate against Tenant and are enforced by Landlord in a non-discriminatory manner. (j) Notify Landlord in writing promptly upon Tenant's discovery of any latent defects in the Building and/or the Premises. So long as Tenant has promptly notified notify Landlord in writing of any latent defect(s) (of which Tenant has knowledge) in the building shell construction and the Tenant Improvements owned by Landlordmechanical failure, then Tenant shall not be responsible need for the costs and expense of repairing latent defect(s) in the building shell construction and the tenant improvements owned by Landlord. Providedrepair, if Tenant fails to notify Landlord of a latent defect of which Tenant has knowledge, then the failure to notify Landlord must be a proximate cause of Landlord's damage before Tenant would be responsible for the costs and expenses to repair such latent defect(s)or replacement.

Appears in 1 contract

Samples: Lease Agreement

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Tenant’s Duties. Tenant agrees that it shall during shall, at its sole cost, maintain and repair, all in good condition, the Term: --------------- (a) Not use or occupy the Premises in violation of law or non-structural portions of the certificate of occupancy issued for the Building, and shall, upon written notice from Landlord, discontinue any use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of law or of said certificate of occupancy. Tenant shall comply with any direction of any governmental authority having jurisdiction which shall, by reason of the nature of Tenant's use or occupancy interior of the Premises, impose all building systems exclusively serving the Premises and located within the Premises or the walls of the Premises, and any duty upon Tenant or Landlord with respect damage to the Premises or with respect to the use Project resulting from the acts or occupation thereof. (b) Give Landlord access to omissions of Tenant or Tenant's Invitees. Tenant shall maintain all communications conduit, equipment, and wiring serving the Premises, whether in the Premises at or not (and specifically including all reasonable times, upon reasonable advance notice to Tenant (which notice shall be directed to of Tenant's "Facilities Department" in addition to any other person to whom notices are required to be given under this LeaseWork and all wiring, equipment, and conduit located on the roof of the Building), without charge regardless of the ownership of said conduit or diminution wiring, subject to Landlord's reasonable approval of Rent, to enable Landlord to examine the same Tenant's maintenance/repair contractor and to make such repairs, additions and alterations as are required under the terms manner of this Lease, including the right to show the Premises for the purpose of a potential sale or leasemaintenance/repair. If Tenant fails to respond maintain or repair any portion of the Premises or the Project as provided above then following ten days' written notice thereof to Landlord's request for access Tenant (or such longer period if reasonably necessary given the nature of the repair and provided Tenant began such work within one (1) three business day, Tenant shall be deemed to have agreed to the time and manner days of Landlord's requested accesswritten notice), Landlord may, at its election, maintain or repair any such portion of the Premises or the Project and Tenant shall promptly reimburse Landlord, as Additional Rent, for Landlord's actual cost thereof plus a supervisory fee in the amount of five percent of Landlord's actual cost. If Notwithstanding the foregoing, if following Tenant's payment (or performance) of its obligations under this Paragraph, Landlord proposes to show the Premisesreceives payment from an insurer for such work, Tenant will be allowed entitled to limit or prevent access to those portions of the Premises Tenant deems, in its sole business judgment, sensitive or confidential. Furthermore, if Landlord proposes to show the Premises to a prospective Tenant, Landlord may be precluded from doing so, except during the last six receive such proceeds (6) months of the Lease term. (c) Keep the Premises in good order and condition, reasonable wear and tear and casualty damage excepted, and replace all broken glass with glass of the same quality as that broken, save only glass broken by fire and extended coverage type risks. (d) Recognize that improvements attached to the Premises become the property of the Building and may not be removed without approval of Landlord which approval may be subject to the Tenant's paying for the cost of repairs resulting from the removal of such improvements. (e) Upon the termination of this Lease in any manner whatsoever, remove Tenant's property and those of any other person claiming under Tenant, and quit and deliver up the Premises to Landlord peaceably and quietly in as good order and condition as the same are in on the Commencement Date, reasonable use and wear thereof, casualty damage and permitted alterations and additions not specifically required to be removed upon termination of the Lease as they were added excepted. The foregoing property required to be removed that is not removed by Tenant at the termination of this Lease, however terminated, shall be considered abandoned and Landlord may dispose of the same in the manner it deems expedient with reasonable cost to be billed to the Tenant. (f) Not place signs on the outside of the Premises or in places visible from the outside by the public, without the prior written consent of Landlord and subject to all applicable governmental rules and restrictions, as well as the "Building Rules and Regulations as set forth in Exhibit "E". (g) Not use or allow the Premises to be used for any unlawful purpose, nor cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. (h) Not do or permit to be done anything which will invalidate or increase the cost of any fire, extended coverage or any other insurance policy covering the Building and/or property located therein unless Tenant agrees, after Landlord gives thirty (30) days prior written notice to Tenant of the cost thereof, to reimburse Landlord has first been fully reimbursed for any increase in the cost of such insurance and subject to lender's approval. Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charges for such policy by reason of Tenant's failure to comply with the provisions of this Section. (i) Observe the "Building Rules and Regulations" described in Exhibit "E", and which may be modified by Landlord from time to time provided Tenant is given at least ten (10) business days prior written notice of such now or amended rules and provided further that such new or amended rules do not materially interfere with the terms and conditions of this Lease or unreasonably interfere with Tenant's quiet enjoyment and its intended use of the Real Property, the Building or the Premises or materially increase Tenant's cost of operations or occupying the Premises and, provided further, that the Building Rules and Regulations shall not discriminate against Tenant and are enforced by Landlord in a non-discriminatory manner. (j) Notify Landlord in writing promptly upon Tenant's discovery of any latent defects in the Building and/or the Premises. So long as Tenant has promptly notified Landlord in writing of any latent defect(s) (of which Tenant has knowledge) in the building shell construction and the Tenant Improvements owned by Landlord, then Tenant shall not be responsible for the costs and expense of repairing latent defect(s) in the building shell construction and the tenant improvements owned by Landlord. Provided, if Tenant fails to notify Landlord of a latent defect of which Tenant has knowledge, then the failure to notify Landlord must be a proximate cause of Landlord's damage before Tenant would be responsible for the reasonable third party costs and expenses relative thereto including Landlord's reasonable costs and expenses in obtaining such proceeds, subject to repair Landlord providing paid invoices with respect to such latent defect(s)costs and expenses for Tenant's review) to the extent Tenant previously paid or incurred third party costs relative thereto.

Appears in 1 contract

Samples: Modified Gross Office Lease (Bridgepoint Education Inc)

Tenant’s Duties. Tenant agrees that it shall during the Term: --------------- at its sole cost (ai) Not use or occupy the Premises in violation of law or of the certificate of occupancy issued for the Buildingmaintain, repair, replace, and shallrepaint, upon written notice from Landlordall in first class condition, discontinue any use all portions of the Premises which is declared by any governmental authority having jurisdiction (except those portions of the Premises to be maintained by Landlord as expressly set forth below), (ii) arrange for the removal of trash from the Premises, (iii) furnish reasonable janitorial services within the Premises, (iv) maintain and repair any plate-glass windows appurtenant to the Premises and all interior and exterior doors, including roll-up doors, (v) maintain, repair, and replace the heating, air-conditioning, and ventilation system (“HVAC”) exclusively serving the Premises including establishment of a violation maintenance contract for the periodic inspection, maintenance, and replacement, as necessary, of law or the HVAC system exclusively serving the Premises, and Tenant shall provide Landlord with a copy of said certificate contract within ten (10) days after Tenant’s opening of occupancythe Premises for business, as well as a copy of any additional or supplemental contracts within ten (10) days of their execution. Notwithstanding the foregoing, Landlord, at Landlord’s option and upon written notification to Tenant, may elect to maintain a HVAC service contract on Tenant’s behalf, the cost of which shall be billed to Tenant in conjunction with the Lease Expenses. Regardless of Landlord’s or Tenant’s obligations for the establishment of a HVAC service contract, Tenant shall be responsible for making all the arrangements for, and direct payment of the costs of, all repairs and replacements to the HVAC system, (vi) maintain a pest and termite control service agreement with respect to the Premises, reasonably acceptable to Landlord, (vii) maintain and repair all telephone lines and wiring exclusively serving the Premises whether in the Premises or not and utilizing such contractors as approved by Landlord, and all electrical fixtures, panels, wiring, transformers, conduits, lighting fixtures, lamps, and tubes exclusively serving the Premises (whether located within or outside of the Premises), and (viii) maintain, repair, and/or replace any water heating systems, sewer lines, plumbing lines, and any grease traps exclusively serving the Premises, using a professional cleaning company for grease trap service on a schedule Landmark National Ban—Revised 8-16-01 Standard Shopping Lease FINAL 8-16-01 Landlord /s/ [ILLEGIBLE] Tenant /s/ [ILLEGIBLE] acceptable to Landlord. Tenant shall comply provide Landlord with current copies of such cleaning contracts throughout the Term. Tenant is additionally liable for any direction damage to the Project resulting from the acts or omissions of Tenant or Tenant’s Invitees, including, without limitation, any governmental authority having jurisdiction which shalldamage to the roof or damage relating to a roof penetration caused by Tenant or Tenant’s Invitees and any actual or consequential damage to the Premises, by reason of the nature of Building, or Project arising from Tenant's ’s use or occupancy of the Premises, impose any duty upon Tenant Tenant’s personal property, or Landlord with respect to systems or equipment serving the Premises or with respect that are the responsibility of Tenant to the use or occupation thereof. (b) Give Landlord access to the Premises at all reasonable timesmaintain, upon reasonable advance notice to Tenant (which notice shall be directed to Tenant's "Facilities Department" in addition to any other person to whom notices are required to be given under this Lease), without charge or diminution of Rent, to enable Landlord to examine the same repair and to make such repairs, additions and alterations as are required under the terms of this Lease, including the right to show the Premises for the purpose of a potential sale or leasereplace. If Tenant fails to respond to Landlord's request for access within one (1) business daymaintain, Tenant shall be deemed to have agreed to the time and manner of Landlord's requested access. If Landlord proposes to show the Premisesrepair, Tenant will be allowed to limit replace, or prevent access to those portions repaint any portion of the Premises as provided above, or if Tenant deems, in its sole business judgment, sensitive or confidential. Furthermore, if Landlord proposes to show the Premises to a prospective Tenant, Landlord may be precluded from doing so, except during the last six (6) months ’s Invitees damage any portion of the Lease term. (c) Keep the Premises in good order and conditionProject, reasonable wear and tear and casualty damage exceptedthen Landlord may, and replace all broken glass with glass of the same quality as that brokenat its election, save only glass broken by fire and extended coverage type risks. (d) Recognize that improvements attached to the Premises become the property of the Building and may not be removed without approval of Landlord which approval may be subject to the Tenant's paying for the cost of repairs resulting from the removal of maintain, repair, replace, or repaint any such improvements. (e) Upon the termination of this Lease in any manner whatsoever, remove Tenant's property and those of any other person claiming under Tenant, and quit and deliver up the Premises to Landlord peaceably and quietly in as good order and condition as the same are in on the Commencement Date, reasonable use and wear thereof, casualty damage and permitted alterations and additions not specifically required to be removed upon termination of the Lease as they were added excepted. The foregoing property required to be removed that is not removed by Tenant at the termination of this Lease, however terminated, shall be considered abandoned and Landlord may dispose of the same in the manner it deems expedient with reasonable cost to be billed to the Tenant. (f) Not place signs on the outside portion of the Premises or in places visible from the outside by the public, without the prior written consent of Landlord Project and subject to all applicable governmental rules and restrictions, as well as the "Building Rules and Regulations as set forth in Exhibit "E". (g) Not use or allow the Premises to be used for any unlawful purpose, nor cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. (h) Not do or permit to be done anything which will invalidate or increase the cost of any fire, extended coverage or any other insurance policy covering the Building and/or property located therein unless Tenant agrees, after promptly reimburse Landlord gives thirty (30) days prior written notice to Tenant of the for Landlord’s actual cost thereof, to reimburse Landlord for any increase plus a supervisory fee in the cost amount of ten percent (10%) of such insurance and subject actual cost as additional rent. Landlord, at Landlord’s sole discretion, may require Tenant to lender's approval. Tenant shall promptly, upon demand, reimburse Landlord use specific contractors or construction/repair techniques for any additional premium charges for such policy by reason the purpose of Tenant's failure to comply with maintaining warranties or the provisions integrity of this Section. (i) Observe the "Building Rules and Regulations" described in Exhibit "E", and which may be modified by Landlord from time to time provided Tenant is given at least ten (10) business days prior written notice of such now or amended rules and provided further that such new or amended rules do not materially interfere with the terms and conditions of this Lease or unreasonably interfere with Tenant's quiet enjoyment and its intended use of the Real Property, the Building or the Premises or materially increase Tenant's cost of operations or occupying the Premises and, provided further, that the Building Rules and Regulations shall not discriminate against Tenant and are enforced by Landlord in a non-discriminatory mannerProject. (j) Notify Landlord in writing promptly upon Tenant's discovery of any latent defects in the Building and/or the Premises. So long as Tenant has promptly notified Landlord in writing of any latent defect(s) (of which Tenant has knowledge) in the building shell construction and the Tenant Improvements owned by Landlord, then Tenant shall not be responsible for the costs and expense of repairing latent defect(s) in the building shell construction and the tenant improvements owned by Landlord. Provided, if Tenant fails to notify Landlord of a latent defect of which Tenant has knowledge, then the failure to notify Landlord must be a proximate cause of Landlord's damage before Tenant would be responsible for the costs and expenses to repair such latent defect(s).

Appears in 1 contract

Samples: Standard Retail Lease (1st Pacific Bancorp)

Tenant’s Duties. Tenant agrees that it shall during the Term: --------------- (a) Not use or occupy the Premises in violation of law or of the certificate of occupancy issued for the Building, and shall, upon written notice from Landlord, discontinue any use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of law or of said certificate of occupancy. Tenant shall comply with any direction of any governmental authority having jurisdiction which shall, by reason of the nature of Tenant's use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. (b) Give Landlord access to the Premises at all reasonable times, upon reasonable advance notice to Tenant (which notice shall be directed to Tenant's "Facilities Department" in addition to any other person to whom notices are required to be given under this Lease), without charge or diminution of Rent, to enable Landlord to examine the same and to make such repairs, additions and alterations as are required under the terms of this Lease, including the right to show the Premises for the purpose of a potential sale or lease. If Tenant fails to respond to Landlord's request for access within one (1) business dayBy entry hereunder, Tenant shall be deemed to have agreed accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at its sole cost and expense, keep and maintain said Premises and every part thereof (except exterior walls, foundations and roofs) including, without limitation, glazing, storefront, walls, floors, window casements, ceilings, doors, electrical wiring conduits, and equipment, including lighting fixtures, plumbing, pipes, air conditioning, heating and sewer facilities, and the interior of the Premises, in good and sanitary order, condition and repair. Tenant shall obtain a service contract for repairs and maintenance of said system, at Tenant's sole cost and expense, said maintenance contract to conform with the requirements of the warranty, if any, on said system, and to furnish copies and evidence of renewal thereof from time and manner of to time on Landlord's requested accessrequest. If Landlord proposes to show Where there is heating and air conditioning system separately servicing the Premises, Tenant will be allowed to limit at all times shall maintain the system in operating condition at Tenant's expense. Wherever heat generating machines or prevent access to those portions of equipment are used in the Premises Tenant deems, in its sole business judgment, sensitive or confidential. Furthermore, if Landlord proposes to show which may affect the Premises to a prospective Tenant, Landlord may be precluded from doing so, except during the last six (6) months of the Lease term. (c) Keep the Premises in good order and condition, reasonable wear and tear and casualty damage excepted, and replace all broken glass with glass of the same quality as that broken, save only glass broken by fire and extended coverage type risks. (d) Recognize that improvements attached to the Premises become the property of the Building and may not be removed without approval of Landlord which approval may be subject to the Tenant's paying for the cost of repairs resulting from the removal of such improvements. (e) Upon the termination of this Lease in any manner whatsoever, remove Tenant's property and those temperature of any other person claiming under Tenanttenant's Premises, Landlord reserves the right (i) to require Tenant to install supplementary air conditioning units in the Premises, or (ii) to require Tenant to take other measures such as insulation or relocation of equipment to alleviate any adverse effect upon such other tenant, and quit and deliver up the Premises to Landlord peaceably and quietly in as good order and condition as the same are in on the Commencement Date, reasonable use and wear thereof, casualty damage and permitted alterations and additions not specifically required to be removed upon termination of the Lease as they were added excepted. The foregoing property required to be removed that is not removed by Tenant at the termination of this Lease, however terminated, shall be considered abandoned and Landlord may dispose of the same in the manner it deems expedient with reasonable cost to be billed to the Tenant. (f) Not place signs on the outside of the Premises or in places visible from the outside by the public, without the prior written consent of Landlord and subject to all applicable governmental rules and restrictions, as well as the "Building Rules and Regulations as set forth in Exhibit "E". (g) Not use or allow the Premises to be used for any unlawful purpose, nor cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. (h) Not do or permit to be done anything which will invalidate or increase the cost of any fire, extended coverage or any other insurance policy covering the Building and/or property located therein unless Tenant agrees, after Landlord gives thirty (30) days prior written notice to Tenant of either case the cost thereof, to reimburse Landlord for any increase in including the cost of such insurance installation and subject to lender's approvalthe cost of operation and maintenance, shall be paid by Tenant. Tenant shall promptlycontract with a licensed HVAC contractor to service the unit, upon demand, reimburse Landlord or units on a minimum basis of three times per year with a copy of the service contract to be furbished to the Lessor within ten ( 10 ) days after opening for any additional premium charges for such policy by reason of Tenant's failure to comply with the provisions of this Section. (i) Observe the "Building Rules and Regulations" described in Exhibit "E"business, and which may a copy on any subsequent contracts to be modified by Landlord furnished from time to time provided Tenant is given at least ten (10) business days prior written notice of such now or amended rules and provided further that such new or amended rules do not materially interfere with during the terms and conditions of this Lease or unreasonably interfere with Tenant's quiet enjoyment and its intended use of the Real Property, the Building or the Premises or materially increase Tenant's cost of operations or occupying the Premises and, provided further, term. Said service contract shall provide that the Building Rules and Regulations HVAC contractor shall not discriminate against Tenant and are enforced by Landlord in a non-discriminatory manner. (j) Notify Landlord notify owner in writing promptly upon Tenant's discovery of if lessee terminates said contract. Lessor shall transfer any latent defects in the Building and/or the Premises. So long as Tenant has promptly notified Landlord in writing of any latent defect(s) (of which Tenant has knowledge) in the building shell construction and the Tenant Improvements owned by Landlord, then Tenant shall not be responsible warranties for the costs and expense of repairing latent defect(s) in HVAC unit to lessee, to the building shell construction and the tenant improvements owned by Landlord. Provided, if Tenant fails to notify Landlord of a latent defect of which Tenant has knowledge, then the failure to notify Landlord must be a proximate cause of Landlord's damage before Tenant would be responsible for the costs and expenses to repair such latent defect(s)extent they are transferable.

Appears in 1 contract

Samples: Lease Agreement

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