Tenant’s Maintenance. Tenant shall maintain the interior of the demised premises, including interior ceilings, walls, floors, plumbing and plumbing fixtures, electrical service and fixtures, other fixtures, heating and air conditioning equipment, pipes, doors, windows and all glass, the overhead doors, including the common hallway and the two bathrooms in the common hallway, in a safe, clean, sightly and sanitary condition, and in good working order, and shall repair and replace same as is necessary to maintain them in the condition they were in at the time Tenant took occupancy of the demised premises and, in any event, to maintain them in good working order. Tenant shall be responsible to enter into a servicing agreement for the heating and air conditioning equipment, at Tenant's expense satisfaction to Landlord. Landlord shall in no event be responsible for replacement of any broken windows, regardless of the cause thereof, the responsibility for which being that of Tenant. Tenant shall make no alterations or structural changes to the improvements on the demised premises or place signs on the exterior thereof without the prior written consent of Landlord, which shall not be unreasonably withheld. Tenant shall also be billed directly for and pay the maintenance fees charged by the Northgate Center Association and covering the term of this Lease, as it may be renewed. Upon the commencement of this Lease and the termination of this Lease, if it does not coincide with the Association's billing cycle, Tenant shall pay to Landlord his pro rata amount of the Association fees until the beginning of the next billing cycle, if at the beginning of the Lease term, and from the end of the last billing cycle to the date of termination, upon termination of the Lease.
Appears in 2 contracts
Samples: Lease Agreement (Invisa Inc), Lease Agreement (Invisa Inc)
Tenant’s Maintenance. A. After reasonable notice from Landlord, Tenant shall at its own cost and expense keep and maintain the interior all parts of the demised premisesPremises (except those for which Landlord is expressly responsible under the terms of this Lease) in good condition, promptly making all necessary repair and replacements, including but not limited to, windows, glass and plate glass, doors, any special office entry, interior ceilingswalls and finish work, wallsfloor and floor covering, floorsdownspouts, plumbing and plumbing fixtures, electrical service and fixtures, other fixturesgutters, heating and air conditioning equipmentsystems, pipesdock boards, truck doors, windows dock bumpers, plumbing work and all glassfixtures, termite and pest extermination, regular removal of trash and debris, keeping the overhead doors, including whole of the common hallway and the two bathrooms in the common hallway, Premises in a safe, clean, sightly clean and sanitary condition. Tenant shall not be obligated to repair any damage caused by fire, and in good working ordertornado, and or other casualty covered by the insurance to be maintained by Landlord pursuant to subparagraph 13(A) below, except that Tenant shall be obligated to repair all wind damage to glass except with respect to tornado or hurricane damage. Landlord shall repair and replace same as is necessary pay for damage caused by negligence of Landlord or Landlord's employees.
B. Tenant shall not damage any demising wall or disturb the integrity and support provided by any demising wall and shall, at its sole cost and expense, promptly repair any damage or injury to maintain them in any demising wall caused by Tenant or it employees, agents, licensees or invitees.
C. Tenant and its employees, customers and licensees shall have the condition they were in at right to use the time parking areas, if any, subject to rights of ingress and egress of other tenants. Landlord shall not be responsible for enforcing Tenant's exclusive parking rights against any third parties. If Tenant took occupancy or any other particular tenant of the demised premises andbuilding can be clearly identified as being responsible for obstructions or stoppage of 4 a common sanitary sewage line, in any eventthen Tenant, to maintain them in good working order. if Tenant is responsible, or such other responsible Tenant, shall be responsible to pay the entire cost thereof, upon demand, as additional rent.
D. Tenant shall, at its own cost and expense, enter into a regularly scheduled preventive maintenance/service contract with a maintenance contract or for servicing agreement for the all heating and air conditioning equipment, at Tenant's expense satisfaction to Landlord. Landlord shall in no event be responsible for replacement of any broken windows, regardless of systems and equipment within the cause thereof, the responsibility for which being that of Tenant. Tenant shall make no alterations or structural changes to the improvements on the demised premises or place signs on the exterior thereof without the prior written consent of Landlord, which shall not be unreasonably withheld. Tenant shall also be billed directly for and pay the maintenance fees charged by the Northgate Center Association and covering the term of this Lease, as it may be renewed. Upon the commencement of this Lease and the termination of this Lease, if it does not coincide with the Association's billing cycle, Tenant shall pay to Landlord his pro rata amount of the Association fees until the beginning of the next billing cycle, if at the beginning of the Lease term, and from the end of the last billing cycle to the date of termination, upon termination of the LeasePremises.
Appears in 2 contracts
Samples: Lease Agreement (Intracel Corp), Lease Agreement (Intracel Corp)
Tenant’s Maintenance. A. Tenant shall at its own cost and expense keep and maintain the interior all parts of the demised premisesPremises (except those for which Landlord is expressly responsible under the terms of this Lease) in good condition, including promptly making all necessary or prudent repairs and replacements, including, but not limited to, windows, glass and plate glass, doors, any special office entry, interior ceilingswalls and finish work, wallsfloor and floor covering, floorsdownspouts, plumbing and plumbing fixtures, electrical service and fixtures, other fixturesgutters, heating and air conditioning equipmentsystems, pipesdock boards, truck doors, windows dock bumpers, paving, and all glassplumbing work and fixtures. Tenant shall also perform termite and pest extermination, regularly remove trash and debris, keep the overhead doorsparking areas, including the common hallway driveways, alleys and the two bathrooms in whole of the common hallway, Premises in a safe, clean, sightly clean and sanitary condition, replace light fixtures and bulbs and, in all other respects, maintain the Premises in good working order, order and shall repair and replace same as is necessary to maintain them in the condition they were in at the time Tenant took occupancy of the demised premises and, in any event, to maintain them in good working ordercondition. Tenant shall repair all wind damage to glass.
B. Tenant shall not damage any wall or disturb the integrity and support provided by any wall and shall, at its sole cost and expense, promptly repair any damage or injury to any wall caused by Tenant or its employees, agents, licensees or invitees.
C. Tenant and its employees, agents, licensees and invitees shall have the right to use the parking areas, if any, as may be designated by Landlord in writing, subject to such reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Landlord shall not be responsible for enforcing any exclusive parking rights granted to against any third parties. If Tenant can be clearly identified as being responsible for obstructions or stoppage of a common sanitary sewage line, then Tenant shall pay the cost of repairing such sewage line, upon demand as additional rent.
D. Tenant shall, at its own cost and expense, enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor for servicing agreement for the all heating and air conditioning equipmentsystems and equipment within the Premises.
E. If Tenant fails to maintain or repair the Premises in accordance with this paragraph, then Landlord may, but shall not be required to, enter the Premises upon two (2) business days prior written notice to Tenant (or immediately without any notice in the case of an emergency) to perform such maintenance or repair at Tenant's expense satisfaction to Landlordsole cost and expense. Landlord shall in no event be responsible for replacement of any broken windows, regardless of the cause thereof, the responsibility for which being that of Tenant. Tenant shall make no alterations or structural changes to the improvements on the demised premises or place signs on the exterior thereof without the prior written consent of Landlord, which shall not be unreasonably withheld. Tenant shall also be billed directly for and pay the maintenance fees charged by the Northgate Center Association and covering the term of this Lease, as it may be renewed. Upon the commencement of this Lease and the termination of this Lease, if it does not coincide with the Association's billing cycle, Tenant shall pay to Landlord his pro rata amount the cost of the Association fees until the beginning such maintenance or repair plus a fifteen percent (15%) administration fee within ten (10) business days of the next billing cycle, if at the beginning of the Lease term, and written demand from the end of the last billing cycle to the date of termination, upon termination of the LeaseLandlord.
Appears in 2 contracts
Samples: Lease Agreement (Homegrocer Com Inc), Lease Agreement (Advanced Materials Group Inc)
Tenant’s Maintenance. Subject to the provisions of Article Fourteen, Tenant shall maintain the interior of the demised premises, including interior ceilings, walls, floors, plumbing and plumbing fixtures, electrical service and fixtures, other fixtures, heating and air conditioning equipment, pipes, doors, windows and all glass, the overhead doors, including the common hallway and the two bathrooms in the common hallway, in a safe, clean, sightly and sanitary condition, and in good working order, and shall repair and replace same as is necessary to maintain them in the condition they were in at the time Tenant took occupancy of the demised premises and, in any event, to maintain them in good working order. Tenant shall be responsible to enter into a servicing agreement for the heating and air conditioning equipmentshall, at Tenant's expense satisfaction sole cost and expense, maintain in good and clean condition, and make all repairs (except for any maintenance and repair which Landlord is expressly required to Landlord. Landlord make pursuant to Section 8.01) to the following: (a) the Premises and fixtures therein, including the interior walls, any paint on the interior side of exterior walls, glass and windows of the Premises, all doors to the Premises and all doors within the Premises; (b) the slab within the Premises, but Tenant shall in no event only be responsible for replacement repair and repaving due to damage to or removal of any broken windows, regardless part of the slab in connection with installation, maintenance, repair or removal of any Tenant Additions or due to improper use, including overloading or improperly engineered or installed racking system, and without limiting the generality of the foregoing, Tenant shall cause thereofany racking system to be designed by an engineer who has been approved in writing by Landlord, and any such system and its use shall be appropriate for, and shall not cause any damage to, the responsibility slab; (c) the electrical, lighting, plumbing and heating, ventilating and air conditioning systems or other utilities to the extent located within or serving the Premises (including both standard and non-standard equipment); (d) the Truck Court, Tenant's Parking Area and other area immediately surrounding the Premises (including all service-ways, loading docks and dock areas adjacent to the Premises, and garbage enclosures serving the Premises), and without limiting the generality of the foregoing, if the Term is longer than sixty-one (61) months, Tenant shall slurry coat any asphalt surfacing in such areas once every four (4) years during the Term, provided however, Tenant shall not be obligated to repave the Truck Court or Tenant's Parking Area except for which being that improper use and for repair and restoration of any damage in connection with installation, maintenance, repair or removal of any Tenant Additions affecting such area; (e) fire sprinkler system within the Premises and (f) Tenant's signage. Tenant shall make no alterations enter into contracts ("Service Contracts") for regularly scheduled inspections and preventive maintenance/service, with contractors, scope of work and frequency of inspection, maintenance or structural changes service, approved in writing by Landlord, in its reasonable discretion, for inspection, servicing and maintaining the following equipment and improvements, to the improvements on extent either located within or serving the demised premises Premises (including both standard and non-standard equipment)(but this obligation shall not apply to equipment, if any, which is located within the Premises but does not serve the Premises): heating, ventilating and air conditioning systems and equipment, and, if requested by Landlord, of any other systems, equipment or place signs on improvements. Such service contracts shall provide for reports to Landlord by the exterior thereof without contractors. Tenant shall deliver to Landlord a copy of the prior written consent initial Service Contracts within sixty (60) days after the Commencement Date and any other Service Contract entered into by Tenant with respect to the Premises within ten (10) after Landlord's request. In the event Tenant fails, in the reasonable judgment of Landlord, to meet the requirements for such Service Contracts and cause such inspections, maintenance or service to be performed, or in the event Tenant fails to maintain the Premises, Truck Court and Tenant's Parking Areas in good and clean condition and repair, which failure continues at the end of twenty-two (22) days following written notice given by Landlord stating with particularity the nature of the failure, Landlord shall have the right (but shall not be unreasonably withheldobligated) to obtain such Service Contracts and to enter such areas and perform such maintenance, repairs or refurbishing at Tenant's sole cost and expense (including a sum for overhead to Landlord); provided, however, if the nature of the maintenance or repair is such that it cannot, with the exercise of reasonable diligence, be completed within twenty-two (22) days of Tenant's receipt of Landlord's notice, Landlord shall not undertake such maintenance or repairs at Tenant's expense provided Tenant commences such maintenance or repairs within said 22-day period and thereafter diligently and continuously prosecutes the same to completion and provided further, however, that in the event of an emergency condition, Landlord shall have the right to make such repairs on behalf of Tenant after giving Tenant such notice, if any, as is reasonable under the circumstances. Landlord's right of entry pursuant to Section 7.03 shall include the right to enter and inspect such areas for violations of Tenant's covenants herein. Tenant shall also be billed directly for maintain written records of maintenance and pay the repairs, and shall use certified technicians to perform such maintenance fees charged by the Northgate Center Association and covering the term of this Leaserepairs, as it may be renewedrequired by any applicable Law. Upon Notwithstanding anything contained in Section 8.01, but subject to the commencement of this Lease and the termination of this Lease, if it does not coincide with the Association's billing cyclewaivers set forth in Section 16.04, Tenant shall pay for any repairs to Landlord his pro rata amount the Building or the Project which are caused by the act, negligence or carelessness of Tenant or its assignees, subtenants or employees, or of the Association fees until the beginning respective agents of any of the next billing cycleforegoing persons, if at or of any other persons permitted in the beginning Building or elsewhere in the Project by Tenant or any of the Lease term, and from the end of the last billing cycle to the date of termination, upon termination of the Leasethem.
Appears in 2 contracts
Samples: NNN Lease (United Natural Foods Inc), NNN Lease (United Natural Foods Inc)
Tenant’s Maintenance. A. Tenant shall at its own cost and expense keep and maintain the interior all parts of the demised premisesPremises (except those for which Landlord is expressly responsible under the terms of this Lease) in good condition, promptly making all necessary repairs and replacements, including but not limited to, windows, glass and plate glass, doors, any special office entry, interior ceilingswalls and finish work, wallsfloor and floor covering, floorsdownspouts, gutters, heating and air-conditioning systems, dock boards, truck doors, dock bumpers, paving, plumbing and plumbing fixtures, electrical service work and fixtures, other fixturestermite and pest extermination, heating regular removal of trash and air conditioning equipmentdebris, pipeskeeping the parking areas, doorsdriveways, windows and all glass, the overhead doors, including the common hallway alleys and the two bathrooms in whole of the common hallway, Premises in a safe, clean, sightly clean and sanitary condition, and in good working order, and shall repair and replace same as is necessary to maintain them in the condition they were in at the time Tenant took occupancy of the demised premises and, in any event, to maintain them in good working order. Tenant shall not be obligated to repair any damage caused by fire, tornado, or other casualty covered by the insurance to be maintained by Landlord pursuant to subparagraph 13(a) below, except that Tenant shall be obligated to repair all wind damage to glass except with respect to tornado or hurricane damage. (See Addendum to Paragraph 5A).
B. Tenant shall not damage any demising wall or disturb the integrity and support provided by any demising wall and shall, at its sole cost and expense, promptly repair any damage or injury to any demising wall caused by Tenant or its employees, agents, licensees or invitees.
C. Tenant and its employees, customers and licensees shall have the exclusive right to use the parking areas as shown on the attached Exhibit ”A,” subject to such reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Landlord shall not be responsible to for enforcing Tenant’s exclusive parking rights against any third parties.
D. Tenant shall, at its own cost and expense, enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor for servicing agreement for the all heating and air air-conditioning equipment, at Tenant's expense satisfaction to Landlordsystems and equipment within the Xxxxxx/nnnlease rev. Landlord shall in no event be responsible for replacement of any broken windows, regardless of the cause thereof, the responsibility for which being that of Tenant. Tenant shall make no alterations or structural changes to the improvements on the demised premises or place signs on the exterior thereof without the prior written consent of Landlord, which shall not be unreasonably withheld. Tenant shall also be billed directly for and pay the maintenance fees charged by the Northgate Center Association and covering the term of this Lease, as it may be renewed. Upon the commencement of this Lease and the termination of this Lease, if it does not coincide with the Association's billing cycle, Tenant shall pay to Landlord his pro rata amount of the Association fees until the beginning of the next billing cycle, if at the beginning of the Lease term, and from the end of the last billing cycle to the date of termination, upon termination of the Lease.7/92 T DBS/L JCC
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement (Applied Precision, Inc.)
Tenant’s Maintenance. Subject to the provisions of Articles Fourteen, Fifteen, Sixteen and Seventeen, Tenant, at its expense, shall keep and maintain the Premises and all Tenant Additions in good order, condition and repair and in accordance with all Laws, except that Tenant shall maintain not be required to make any structural repairs, structural improvements or structural alterations to the Premises unless such are required as a result of any Tenant Additions or Tenant's specific manner of use of the Premises. Tenant shall not permit waste and shall promptly and adequately repair all damages to the Premises and replace or repair all damaged or broken glass in the interior of the demised premisesPremises, including interior ceilingsfixtures or appurtenances, wallsunless caused by Landlord or its agents, floors, plumbing and plumbing fixtures, electrical service and fixtures, other fixtures, heating and air conditioning equipment, pipes, doors, windows and all glass, the overhead doors, including the common hallway and the two bathrooms in the common hallway, in a safe, clean, sightly and sanitary condition, and in good working order, and shall repair and replace same as is necessary to maintain them in the condition they were in at the time Tenant took occupancy of the demised premises and, in any event, to maintain them in good working orderemployees or contractors. Tenant Any repairs or maintenance shall be responsible to enter into a servicing agreement for the heating and air conditioning equipment, at Tenant's expense satisfaction to Landlord. Landlord shall in no event be responsible for replacement completed with materials of any broken windows, regardless of the cause thereof, the responsibility for which being that of Tenant. Tenant shall make no alterations or structural changes similar quality to the improvements on original materials, all such work to be completed under the demised premises or place signs on the exterior thereof without the prior written consent supervision of Landlord, but without charge to Tenant for such supervision. Any such repairs or maintenance shall be performed only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed and whose work will not cause or threaten to cause disharmony or interference with Landlord or other tenants in the Building and their respective agents and contractors performing work in or about the Building. If Tenant shall also be billed directly for fails to perform any of its obligations set forth in this Section 8.2, and pay such failure is not due to Force Majeure, then after notice as provided in Section 11.2(2), Landlord may, in its sole discretion, unless Tenant commences performance within said notice period, perform the maintenance fees charged by the Northgate Center Association same, and covering the term of this Lease, as it may be renewed. Upon the commencement of this Lease and the termination of this Lease, if it does not coincide with the Association's billing cycle, Tenant shall pay to Landlord his pro rata amount any costs or expenses incurred by Landlord upon demand. Notwithstanding the preceding sentence, in cases of the Association fees until the beginning emergency, Landlord may, in its sole discretion (regardless of the next billing cycle, if at the beginning of the Lease termForce Majeure and without notice to Tenant) perform any obligation which Tenant has failed to perform, and from the end of the last billing cycle Tenant shall pay to the date of termination, Landlord any costs or expenses incurred by Landlord upon termination of the Leasedemand.
Appears in 1 contract
Tenant’s Maintenance. A. Tenant shall shall, at its own cost and expense, keep and maintain the interior all parts of the demised premisesDemised Premises (except those for which Landlord is expressly responsible under the terms of this Lease) clean and in good condition, subject to ordinary wear and tear. Tenant hereby authorizes Landlord to arrange for, at Tenant's expense, Tenant's required cleaning, repair and replacement of the Demised Premises, including (without limitation): windows, glass and plate glass, doors, any special office entry, interior ceilingswalls and finished work, wallsfloors and floor covering, floorsdownpours, plumbing and plumbing fixtures, electrical service and fixtures, other fixturesgutters, heating and air conditioning equipmentsystems, pipesdock boards, truck doors, windows dock bumpers, paving, plumbing work and all glassfixtures, termite and pest extermination, regular removal of trash and debris, keeping the overhead doors, including whole of the common hallway and the two bathrooms Demised Premises in the common hallway, in a safe, clean, sightly clean and sanitary condition, and in good working order, and shall repair and replace same as is necessary to maintain them in the condition they were in at the time Tenant took occupancy of the demised premises and, in any event, to maintain them in good working order. Tenant shall not be responsible obliged to repair any damage caused by fire, tornado or other casualty covered by the insurance to be maintained by Landlord pursuant hereto, except that Tenant shall repair all wind damage to glass except with respect to tornado damage.
B. Tenant shall not damage any wall or disturb the integrity and support provided by any wall. Tenant shall, at its own cost and expense promptly repair any damage or injury to any part of the building or grounds caused by Tenant or its employees, agents or invitees.
C. Tenant shall, at its own cost and expense, enter into a servicing agreement regularly scheduled preventive maintenance/service contract with a maintenance contractor for the heating service of all plumbing, heating, ventilation and air conditioning equipmentsystems and equipment within or directly servicing the Demised Premises, at Tenant's expense satisfaction unless such system is building wide system, in which case Landlord will provide such maintenance. The maintenance contractor and the contract must be approved by Landlord in writing in advance. Service contract must include all services suggested by the equipment manufacturer within the operations/maintenance manual and must become effective within thirty (30) days of the date that the Tenant takes possession of the Demised Premises. A copy of such executed contract shall be promptly delivered to Landlord. Landlord shall in no event be responsible for replacement of any broken windows, regardless of the cause thereof, the responsibility for which being that of Tenant. Tenant shall make no alterations or structural changes to the improvements on the demised premises or place signs on the exterior thereof without the prior written consent of Landlord, which shall not be unreasonably withheld. Tenant shall also be billed directly for and pay the maintenance fees charged by the Northgate Center Association and covering the term of this Lease, as it may be renewed. Upon the commencement of this Lease and the termination of this Lease, if it does not coincide with the Association's billing cycle, Tenant shall pay to Landlord his pro rata amount of the Association fees until the beginning of the next billing cycle, if at the beginning of the Lease term, and from the end of the last billing cycle to the date of termination, upon termination of the Lease.
Appears in 1 contract
Tenant’s Maintenance. Tenant shall maintain periodically inspect the Premises to identify any conditions that are dangerous or in need of maintenance, repair or replacement. Tenant shall endeavor to promptly provide Landlord with notice of any such conditions. Tenant shall, at its sole cost and expense, perform all maintenance, repair and replacement of the Premises that are not Landlord’s express responsibility under this Lease, and keep the Premises in good condition and repair, reasonable wear and tear, condemnation and casualty excepted. Tenant’s maintenance, repair and replacement obligations include, without limitation, maintenance, repairs and replacements of:
(a) floor covering; (b) interior partitions; (c) doors; (d) the interior side of demising walls; (e) electronic, phone and data cabling, wiring and related equipment that is installed by or for the exclusive benefit of Tenant (collectively, “Cable”); (f) supplemental air conditioning units, kitchens, including hot water heaters, plumbing, and similar facilities exclusively serving Tenant; and (g) Tenant Alterations; provided, however, the cost of performing any of said maintenance or repairs caused by the gross negligence of Landlord, its employees, agents, servants or contractors, shall be paid by Landlord. To the extent Landlord is not reimbursed by insurance proceeds, Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by the acts of Tenant, Tenant Parties and their respective contractors and vendors. All maintenance, repairs and replacements, including, but not limited to, janitorial and cleaning services, pest control and waste management and recycling performed by or on behalf of Landlord or Tenant must comply with the Project’s Sustainability Practices and Tenant is strongly encouraged to comply with the applicable Green Building Standards. If Tenant fails to make any repairs or replacements to the Premises for more than thirty (30) days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs or replacements, and Tenant shall pay, as additional Rent under this Lease, the reasonable actual out-of-pocket cost of the demised premises, including interior ceilings, walls, floors, plumbing and plumbing fixtures, electrical service and fixtures, other fixtures, heating and air conditioning equipment, pipes, doors, windows and repairs or replacements upon receipt of paid invoices. Tenant hereby waives all glass, the overhead doors, including the common hallway and the two bathrooms in the common hallway, in a safe, clean, sightly and sanitary condition, and in good working order, and shall repair and replace same as is necessary right to maintain them in the condition they were in make repairs or replacements at the time Tenant took occupancy expense of Landlord or in lieu thereof to vacate the demised premises andPremises and its other similar rights as provided in California Civil Code Sections 1932(1), 1941 and 1942 or any other Laws (whether now or hereafter in any eventeffect). In addition to the foregoing, to maintain them in good working order. Tenant shall be responsible to enter into a servicing agreement for all costs in connection with maintaining, repairing and replacing all special tenant fixtures and improvements, including garbage disposals, showers, plumbing, water filtration systems and appliances, located within or exclusively serving the heating and air conditioning equipmentPremises, at Tenant's expense satisfaction to Landlord. except that Landlord shall in no event be responsible for replacement of all costs in connection with maintaining, repairing and replacing any broken windows, regardless restrooms existing in the Premises as of the cause thereofCommencement Date, the responsibility for which being costs Landlord shall include in Operating Expenses. If Tenant requests that of Tenant. Landlord maintain, repair and/or replace any such fixtures and improvements, Tenant shall make no alterations or structural changes reimburse Landlord for the cost of all such maintenance, repair and replacement work, plus an administrative fee equal to the improvements on the demised premises or place signs on the exterior thereof without the prior written consent fifteen percent (15%) of Landlordsuch cost, which shall not be unreasonably withheld. Tenant shall also be billed directly for and pay the maintenance fees charged by the Northgate Center Association and covering the term of as additional Rent under this Lease, as it may and Landlord’s liability for such maintenance, repair and replacement work shall be renewed. Upon subject to and limited by the commencement provisions of this Lease and the termination of this Lease, if it does not coincide with the Association's billing cycle, Tenant shall pay to Landlord his pro rata amount of the Association fees until the beginning of the next billing cycle, if at the beginning of the Lease term, and from the end of the last billing cycle to the date of termination, upon termination of the LeaseArticle 17 below.
Appears in 1 contract
Tenant’s Maintenance. Subject to Landlord’s obligation to perform Landlord Maintenance and Repair Work pursuant to Paragraph 5.1, and except as otherwise set forth in this Lease and the Work Letter, including Sections 3.4 and 3.6 thereof, Tenant shall shall, at its own cost and expense, keep and maintain the interior all parts of the demised premises, including interior ceilings, walls, floors, plumbing and plumbing fixtures, electrical service and fixtures, other fixtures, heating and air conditioning equipment, pipes, doors, windows and all glass, the overhead doors, including the common hallway Building and the two bathrooms Premises in the common hallway, in a safe, clean, sightly good and sanitary condition, promptly making all necessary repairs and in good working orderreplacements, including but not limited to, roof membrane (and elements of the roof which are not structural elements), windows, glass and plate glass, doors, any special store front or office entry, interior walls and finish work, floors (except as to be maintained by Landlord pursuant to Paragraph 5.1) and floor covering, the Building Operating Systems (and any extensions, 14 additions or improvements thereto), dock boards, truck doors, dock bumpers, dock plates, fixtures, termite and pest extermination, and shall regular removal of trash and debris. Those portions of the Building and the improvements located on the Premises which Tenant is responsible to repair and replace same maintain under this Paragraph 6.1 are referred to herein as is the “Tenant Repair and Maintenance Elements.” Subject to Landlord’s obligations under Section 5.1, above, Tenant shall maintain, repair (including renovation, restoration, replacement, and refurbishment) and repaint the exterior walls (but not more than once during the Initial Term), overhead doors, canopies, entries, handrails, gutters, roofs (including the roof membrane, but not the structural elements of the roof) and other exposed parts of the Building as deemed necessary by Landlord to maintain them in reasonable safety and aesthetic standards, and Tenant shall maintain, repair (including renovation, restoration, replacement, and refurbishment) and operate the condition they were in at Premises, including but not limited to, mowing grass and general landscaping, maintenance of parking areas, driveways and alleys, parking lot sweeping, paving and restriping, exterior lighting, painting, pest control and window washing. If Tenant shall fail to perform any maintenance or make any repair for which Tenant is responsible within thirty (30) days following notice from Landlord requiring the time Tenant took occupancy same (unless the nature of the demised premises andrepair requires a longer period, in any event, to maintain them in good working order. which case Tenant shall be responsible granted a reasonable extension), Landlord and its agents and contractors shall have the right, but not the obligation, to enter into a servicing agreement for upon the heating Premises and air conditioning equipment, at Tenant's expense satisfaction to Landlord. Landlord shall in no event be responsible for replacement of any broken windows, regardless of the cause thereofperform such maintenance or repairs, the responsibility for full cost of which being that shall be deemed to be Rent and shall be due and payable by Tenant to Landlord within 30 days of demand. In the case of emergency (where notice cannot be given), Landlord, its agents and contractors may enter upon the Premises to perform such maintenance or repairs without the necessity of prior notice to Tenant, provided prompt notice is thereafter given to Tenant. Tenant shall make no alterations or structural changes to the improvements on the demised premises or place signs on the exterior thereof without the prior written consent of Landlord, which shall not be unreasonably withheld. Tenant shall also be billed directly for and pay the maintenance fees charged by the Northgate Center Association and covering the term of this Lease, as it may be renewed. Upon the commencement of this Lease and the termination of this Lease, if it does not coincide with the Association's billing cycle, Tenant shall pay to Landlord his pro rata amount of the Association fees until the beginning of the next billing cycle, if maintain its trash receptacles at the beginning of the Lease term, and from the end of the last billing cycle to the date of termination, upon termination of the LeasePremises. Repairs shall be made in accordance with all Applicable Laws.
Appears in 1 contract
Samples: Standard Industrial Lease Agreement
Tenant’s Maintenance. Tenant shall shall, at its own cost and expense, keep and maintain the interior all parts of the demised premises, including interior ceilings, walls, floors, plumbing and plumbing fixtures, electrical service and fixtures, other fixtures, heating and air conditioning equipment, pipes, doors, windows and all glass, the overhead doors, including the common hallway and the two bathrooms Premises (except those listed as Landlord's responsibility in the common hallway, Paragraph 5.1 above) in a safe, clean, sightly good and sanitary condition, promptly making all necessary repairs and in good working orderreplacements, including but not limited to, windows, glass and shall repair plate glass, doors, roll-up dock doors, any special store front or office entry, interior walls and replace same as is necessary to maintain them in the condition they were in at the time Tenant took occupancy of the demised premises andfinish work, in any eventfloors and floor covering, to maintain them in good working order. Tenant shall be responsible to enter into a servicing agreement for the heating heating, ventilating and air conditioning equipmentsystems, at Tenant's expense satisfaction fire and life safety systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures, termite and pest extermination, and regular removal of trash and debris. If Tenant shall fail to Landlordmake any repair for which Tenant is responsible within ten (10) days following notice from Landlord requiring the same. Landlord and its agents and contractors shall in no event have the right, but not the obligation, to enter upon the Premises and perform such repairs. the full cost of which shall be responsible for replacement deemed to be Rent and shall be due and payable by Tenant to Landlord immediately upon demand. In the case of any broken windowsemergency, regardless Landlord, its agents and contractors may enter upon the Premises to perform such repairs without the necessity of the cause thereof, the responsibility for which being that of prior notice to Tenant. Tenant shall make no alterations maintain its trash receptacles within the Premises. Repairs shall he made in accordance with all applicable laws, including without limitation, the Americans with Disabilities Act of 1990. The cost of maintenance and repair of any common party wall (any wall, divider, partition or structural changes to any other structure separating the improvements on Premises from any adjacent premises occupied by other tenants) shall be shared equally by Tenant and the demised premises or place signs on the exterior thereof without the prior written consent of Landlord, which shall not be unreasonably withheldtenant(s) occupying such adjacent premises. Tenant shall also be billed directly for not damage any party wall or disturb the integrity and pay the maintenance fees charged support provided by the Northgate Center Association any party wall and covering the term of this Leaseshall, as it may be renewedat its sole cost and expense. Upon the commencement of this Lease and the termination of this Lease, if it does not coincide with the Associationpromptly repair any damage or injury to any party wall caused by Tenant or Tenant's billing cycle, Tenant shall pay to Landlord his pro rata amount of the Association fees until the beginning of the next billing cycle, if at the beginning of the Lease term, and from the end of the last billing cycle to the date of termination, upon termination of the LeaseParties.
Appears in 1 contract
Samples: Standard Industrial Lease Agreement (Jill Kelly Productions Holding, Inc.)
Tenant’s Maintenance. A. Tenant shall at its own cost and expense keep and maintain the interior all parts of the demised premisesPremises (except those for which Landlord is expressly responsible under the terms of this Lease) in good condition, promptly making all necessary repairs and replacements, including but not limited to, windows, glass and plate glass, doors, any special office entry, interior ceilingswalls and finish work, wallsfloor and floor covering, floorsdownspouts, gutters, heating and air-conditioning systems, dock boards, truck doors, dock bumpers, paving, plumbing and plumbing fixtures, electrical service work and fixtures, other fixturestermite and pest extermination, heating regular removal of trash and air conditioning equipmentdebris, pipeskeeping the parking areas, doorsdriveways, windows and all glass, the overhead doors, including the common hallway alleys and the two bathrooms in whole of the common hallway, Premises in a safe, clean, sightly clean and sanitary condition, and in good working order, and shall repair and replace same as is necessary to maintain them in the condition they were in at the time Tenant took occupancy of the demised premises and, in any event, to maintain them in good working order. Tenant shall not be obligated to repair any damage caused by fire, tornado, or other casualty covered by the insurance to be maintained by Landlord pursuant to subparagraph 14(A) below, except that tenant shall be obligated to repair all wind damage to glass except with respect to tornado or hurricane damage.
B. Tenant shall not damage any demising wall or disturb the integrity and support provided by any demising wall and shall at its sole cost and expense, promptly repair any damage or injury to any demising wall caused by Tenant or its employees, agents, licensees or invites.
C. Tenant and its employees, customers and licensees shall have the right to use the parking areas, if any, as may be designated by Landlord in writing, subject to such reasonable rules and regulations as Landlord may from time to time prescribe and subject to right of ingress and egress of other tenants. Landlord shall not be responsible to for enforcing Tenant's exclusive parking rights against any third parties. If Tenant or any other particular tenant of the building can be clearly identified as being responsible for obstructions or stoppage of a common sanitary sewage line, then Tenant, if Tenant is responsible, or such other responsible Tenant, shall pay the entire cost thereof, upon demand, as additional rent.
D. Landlord shall, enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor for servicing agreement for the all heating and air air-conditioning equipment, at Tenant's expense satisfaction to Landlord. Landlord shall in no event be responsible for replacement of any broken windows, regardless of the cause thereof, the responsibility for which being that of Tenant. Tenant shall make no alterations or structural changes to the improvements on the demised premises or place signs on the exterior thereof without the prior written consent of Landlord, which shall not be unreasonably withheld. Tenant shall also be billed directly for systems and pay the maintenance fees charged by the Northgate Center Association and covering the term of this Lease, as it may be renewed. Upon the commencement of this Lease and the termination of this Lease, if it does not coincide equipment with the Association's billing cycle, Tenant shall pay to Landlord his pro rata amount of the Association fees until the beginning of the next billing cycle, if at the beginning of the Lease term, and from the end of the last billing cycle to the date of termination, upon termination of the LeasePremises.
Appears in 1 contract
Samples: Lease Agreement (Gargoyles Inc)
Tenant’s Maintenance. (a) Tenant shall keep and maintain the entire interior of the Premises and, except to the extent any of the following are maintained pursuant to a maintenance contract let by Landlord in accordance with Section 9.1(b) hereof, heating, ventilating and air conditioning systems, plumbing, fixtures, light fixtures, bulbs and tubes, and windows on the interior of the demised premises, including interior ceilings, walls, floors, plumbing and plumbing fixtures, electrical service and fixtures, other fixtures, heating and air conditioning equipment, pipes, doors, windows and all glass, the overhead doors, including the common hallway and the two bathrooms in the common hallway, in a safe, clean, sightly Premises clean and sanitary condition, and in good working ordercondition and repair, carpet cleaning at least once each year, necessary interior painting, and shall repair keeping all glass (in windows, doors and replace same as is necessary to maintain them in the condition they were in at the time Tenant took occupancy of the demised premises and, in any event, to maintain them skylights) clean and in good working ordercondition; as to any repairs and replacements, Tenant shall comply with the requirements of Section 9.2 hereof. Tenant shall be responsible to enter into a servicing agreement for all custodial services and upkeep within the heating and air conditioning equipment, at Tenant's expense satisfaction to Landlord. Landlord shall in no event be responsible for replacement of any broken windows, regardless of the cause thereof, the responsibility for which being that of TenantPremises. Tenant shall make no alterations or structural changes maintain the Premises in such condition so as to the improvements on the demised premises or place signs on the exterior thereof without the prior written consent of Landlordfully comply with all health, which shall not be unreasonably withheldsafety and police orders and regulations. Tenant shall also be billed directly for promptly remove any debris left by Tenant, its employees, agents, contractors, customers or invitees in the common areas of the Building and pay in the maintenance fees charged by parking area or other areas of the Northgate Center Association and covering Real Estate. Notwithstanding any other provision herein contained to the contrary, at all times during the term of this Lease, as it may be renewed. Upon Landlord shall keep and maintain a maintenance contract for the commencement of this Lease heating, ventilating and the termination of this Lease, if it does not coincide with the Association's billing cycle, Tenant shall pay to Landlord his pro rata amount air conditioning systems of the Association fees until Premises.
(b) Landlord shall, at all times during the beginning Term, have the authority to execute and keep in force a maintenance contract or contracts, providing for regular inspection of the next billing cycleheating, if at the beginning of the Lease termair conditioning and ventilating equipment, and from the end providing for necessary repairs thereto and/or a custodial contract providing for custodial, janitorial and cleaning services. All costs and expenses incurred by landlord arising out of the last billing cycle any maintenance, custodial or janitorial contracts other than costs and expenses allocable directly to the date of terminationPremises, upon termination of the Leasewhich costs and expenses shall be deemed Direct Pay Items (as defined in Section 15.1). shall be included in Expenses (as defined in Section 15.0 hereof).
Appears in 1 contract
Tenant’s Maintenance. Tenant shall agrees, at its sole cost, to maintain all of the interior, non-structural elements of the premises in good order and condition, and to repair and replace, as required, the interior of the demised premises, including all fixtures and equipment in the premises, all windows, doors and entrances, signs, floor coverings, the interior surfaces of all walls, all non-structural walls, ceilings, wallslight bulbs, floors, plumbing and plumbing lighting fixtures, electrical and ballasts. Tenant also agrees to perform regular preventive maintenance and service and fixturesof the plumbing, other fixtureselectric, heating sprinkler, life safety, heating, ventilation, and air conditioning equipment, pipes, doors, windows systems and all glass, equipment that serve only the overhead doors, including the common hallway and the two bathrooms in the common hallway, in a safe, clean, sightly and sanitary conditionpremises, and in good working order, any utility lines and shall repair and replace same as is necessary equipment that serve only the premises up to maintain them in the condition point beyond the meter where they were in at connect to the time Tenant took occupancy of the demised premises and, in any event, to maintain them in good working ordermain lines. Tenant shall be responsible agrees, at its sole cost, to enter into a regularly-scheduled preventive maintenance and service contract with a maintenance contractor approved by Landlord for servicing agreement for the heating heating, ventilation, and air conditioning equipment, systems and equipment that serve only the premises. The maintenance and service contract must require that the filters be changed at Tenant's expense satisfaction least every 90 days and must include all other services the equipment manufacturer recommends. Tenant agrees to deliver a copy of each service contract to Landlord for Landlord’s approval. Landlord shall agrees to directly or indirectly provide the benefit of all warranties held by Landlord associated with items in no event be responsible Tenant’s maintenance obligations under this section. Landlord agrees not to unreasonably withhold, condition, or delay its approval of Tenant’s contractor or service contract. Tenant agrees to provide and install all replacement lights and light fixtures for replacement of any broken windowsthe premises and for its signs. Except to the extent Landlord provides garbage removal, regardless Tenant agrees to provide and pay for all garbage removal from the premises. If Landlord designates a garbage removal service at a commercially reasonable cost, Tenant agrees to use that service and pay Tenant’s share of the cause thereof, the responsibility for which being that of Tenant. Tenant shall make no alterations or structural changes to the improvements cost on the demised premises or place signs on the exterior thereof without the prior written consent first day of Landlord, which shall not be unreasonably withheld. Tenant shall also be billed directly for and pay the maintenance fees charged by the Northgate Center Association and covering the term of this Lease, as it may be renewed. Upon the commencement of this Lease and the termination of this Lease, if it does not coincide with the Association's billing cycle, Tenant shall pay to Landlord his pro rata amount of the Association fees until the beginning of the next billing cycle, if at the beginning of the Lease term, and from the end of the last billing cycle to the date of termination, upon termination of the Leaseeach calendar month in advance.
Appears in 1 contract
Samples: Lease (ADESTO TECHNOLOGIES Corp)
Tenant’s Maintenance. By taking possession of the Premises, except with respect to any Landlord’s Work under this Lease, Tenant shall maintain be deemed to have accepted the interior of Premises “as is”, being in good, sanitary order, condition, and repair. The Tenant agrees that it will keep the demised premisesPremises and the fixtures therein (including any carpet and other flooring material, including interior paint and wall-coverings, doors, ceilings, interior surfaces of walls, floorsany non-Building standard lighting fixtures, and any plumbing and plumbing fixtures, electrical service and fixtures, other fixtures, heating alterations, improvements, systems and air conditioning equipmentequipment within or exclusively serving the Premises, pipes, doors, windows whether installed by Landlord or Tenant) in good order and condition and will replace any and all glassbroken glass or other damaged personal property caused by Tenant, the overhead doorsits officers, including the common hallway and the two bathrooms in the common hallwaydirectors, shareholders, employees, agents, invitees, servants, licensees, visitors, guests, patrons, or customers, in a safeand about the Building, cleandamage thereto from causes beyond the reasonable control of Tenant and ordinary wear and tear excepted. Tenant is responsible for the maintenance and repair of any and all toilets, sightly and sanitary conditionurinals, sinks, water fountains, window coverings, and in good working order, and shall repair and replace same as is necessary to maintain them in other apparatus within the condition they were in at the time Tenant took occupancy of the demised premises and, in any event, to maintain them in good working orderPremises. Tenant shall be responsible to enter into a servicing agreement for the heating and air conditioning equipmentfurther, at Tenant's expense satisfaction to Landlord. Landlord shall ’s sole cost and expense, keep the Premises and every part thereof in no event be responsible for replacement of any broken windowscompliance with applicable laws, regardless of the cause thereof, the responsibility for which being that of Tenant. Tenant shall make no alterations or structural changes to the improvements on the demised premises or place signs on the exterior thereof without the prior written consent of Landlord, which shall not be unreasonably withheld. Tenant shall also be billed directly for codes and pay the maintenance fees charged by the Northgate Center Association governmental regulation and covering the term as required under other provisions of this Lease, as it may including any Rules and Regulations of Landlord. All damage caused by Tenant's negligence, or that of its agents, servants, employees or visitors, shall be renewedrepaired promptly by Tenant at its sole cost and expense. Upon In the commencement of this Lease and the termination of this Leaseevent that any repairs, if it does not coincide with the Association's billing cyclemaintenance or replacements are required, Tenant shall pay promptly notify Landlord and arrange for the same either: (i) through Landlord for such reasonable charges as Landlord may establish from time to time, payable within thirty (30) days after billing; or (ii) by engaging such contractors as Landlord his pro rata amount of the Association fees until the beginning of the next billing cycle, if generally uses at the beginning of Property for such work, or such other contractors as Landlord shall first reasonably approve in writing to perform such work, all in a first class, workmanlike manner. Tenant shall promptly notify Landlord in writing concerning the Lease termnecessity for any repairs or other work hereunder and upon completion thereof. In the event that the Tenant fails to comply with the foregoing provisions, and from the end of the last billing cycle to the date of termination, upon termination of the Lease.after fifteen
Appears in 1 contract
Samples: Office Lease
Tenant’s Maintenance. Tenant shall maintain periodically inspect the interior of the demised premisesBuilding to identify any conditions that are dangerous or in need of maintenance, including repair or replacement. Tenant shall promptly provide Landlord with notice of any such conditions. Tenant shall, at its sole cost and expense, perform all maintenance, repairs and replacements to the interior ceilingsof the Building and associated improvements and systems that are not Landlord’s express responsibility under this Lease, wallsand shall keep the Building in good condition and repair. Tenant’s repair and maintenance obligations include, floorswithout limitation, plumbing and plumbing fixturesrepairs to, electrical service and fixtures, other fixtures, heating and air conditioning equipment, pipes, doors, windows and all glass, or replacements of,: (a) the overhead doorssystems servicing the Premises, including the common hallway electrical, plumbing, heating, ventilating, air-conditioning, mechanical, communication, security and the two bathrooms in fire and life safety systems of the common hallwayBuilding, in a safe(b) corridors, cleanwashrooms, sightly kitchens and sanitary conditionlobbies, (c) floor covering; (d) interior partitions and in good working orderother improvements; (e) interior doors and windows; (f) electronic, phone and data cabling and related equipment (collectively, “Cable”); and (g) Tenant Alterations; provided, however, during the period covered by any Systems Improvements Warranty, Landlord shall have the responsibility to repair and replace same at Landlord’s sole cost and expense, any portion of the heating, ventilating, and air-conditioning system covered by any Systems Improvements Warranty. Without limiting the generality of clause (a) above, in connection with Tenant’s maintenance of the heating, ventilating, air-conditioning systems, Tenant shall obtain and keep in force a preventive maintenance contract providing for regular (at least quarterly) inspection and maintenance by a qualified service contractor(s) reasonably acceptable to Landlord. Within ten (10) business days following written request, Tenant shall deliver Landlord written confirmation from such service contractor(s) verifying that such a contract has been entered into and that the required service will be provided. Subject to Section 16.4 and to the extent Landlord is not reimbursed by insurance proceeds, Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make any repairs to the Premises for more than fifteen (15) days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to 10% of the cost of the repairs. Except as is necessary set forth in Section 8.1 above, Tenant hereby waives all right to maintain them in the condition they were in make repairs at the time Tenant took occupancy expense of Landlord or in lieu thereof to vacate the demised premises andPremises and its other similar rights as provided in California Civil Code Sections 1932(1), 1941 and 1942 or any other Laws (whether now or hereafter in any eventeffect). In addition to the foregoing, to maintain them in good working order. Tenant shall be responsible for all costs in connection with repairing all special tenant fixtures and improvements constructed by or on behalf of Tenant prior to enter into a servicing agreement for the heating and air conditioning equipment, at Tenant's expense satisfaction to Landlord. Landlord shall in no event be responsible for replacement of any broken windows, regardless of the cause thereof, the responsibility for which being that of Tenant. Tenant shall make no alterations or structural changes to the improvements on the demised premises or place signs on the exterior thereof without the prior written consent of Landlord, which shall not be unreasonably withheld. Tenant shall also be billed directly for and pay the maintenance fees charged by the Northgate Center Association and covering the term of this Lease, as it may be renewed. Upon the commencement of this Lease and the termination of this Lease, if it does not coincide with the Association's billing cycle, Tenant shall pay to Landlord his pro rata amount of the Association fees until the beginning of the next billing cycle, if at the beginning of during the Lease termTerm, including without limitation, laboratory improvements, manufacturing infrastructure, plumbing, and from the end of the last billing cycle to the date of termination, upon termination of the Leaseappliances.
Appears in 1 contract
Samples: Lease Agreement (XOMA Corp)
Tenant’s Maintenance. Tenant shall maintain periodically inspect the interior of the demised premisesBuilding to identify any conditions that are dangerous or in need of maintenance, including repair or replacement. Tenant shall promptly provide Landlord with notice of any such conditions. Tenant shall, at its sole cost and expense, perform all maintenance, repairs and replacements to the interior ceilings, walls, floors, plumbing of the Building and plumbing fixtures, electrical service associated improvements and fixtures, other fixtures, heating and air conditioning equipment, pipes, doors, windows and all glass, the overhead doors, including the common hallway and the two bathrooms in the common hallway, in a safe, clean, sightly and sanitary condition, and in good working ordersystems that are not Landlord’s express responsibility under this Lease, and shall keep the Building in good condition and repair. Tenant’s repair and replace same maintenance obligations include, without limitation, repairs to, or replacements of,: (a) corridors, washrooms, kitchens and lobbies, (b) floor covering; (c) interior partitions and other improvements; (d) interior doors and windows; (e) electronic, phone and data cabling and related equipment (collectively, “Cable”); and (f) Tenant Alterations. Without limiting the generality of clause (a) above, in connection with Tenant’s maintenance of the heating, ventilating, air-conditioning systems, Tenant shall obtain and keep in force a preventive maintenance contract providing for regular (at least quarterly) inspection and maintenance by a qualified service contractor(s) reasonably acceptable to Landlord. Within ten (10) business days following written request, Tenant shall deliver Landlord written confirmation from such service contractor(s) verifying that such a contract has been entered into and that the required service will be provided. Subject to Section 16.4 and to the extent Landlord is not reimbursed by insurance proceeds, Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make any repairs to the Premises for more than fifteen (15) days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to 10% of the cost of the repairs. Except as is necessary set forth in Section 8.1 above, Tenant hereby waives all right to maintain them in the condition they were in make repairs at the time Tenant took occupancy expense of Landlord or in lieu thereof to vacate the demised premises andPremises and its other similar rights as provided in California Civil Code Sections 1932(1), 1941 and 1942 or any other Laws (whether now or hereafter in any eventeffect). In addition to the foregoing, to maintain them in good working order. Tenant shall be responsible for all costs in connection with repairing all special tenant fixtures and improvements constructed by or on behalf of Tenant prior to enter into a servicing agreement for the heating and air conditioning equipment, at Tenant's expense satisfaction to Landlord. Landlord shall in no event be responsible for replacement of any broken windows, regardless of the cause thereof, the responsibility for which being that of Tenant. Tenant shall make no alterations or structural changes to the improvements on the demised premises or place signs on the exterior thereof without the prior written consent of Landlord, which shall not be unreasonably withheld. Tenant shall also be billed directly for and pay the maintenance fees charged by the Northgate Center Association and covering the term of this Lease, as it may be renewed. Upon the commencement of this Lease and the termination of this Lease, if it does not coincide with the Association's billing cycle, Tenant shall pay to Landlord his pro rata amount of the Association fees until the beginning of the next billing cycle, if at the beginning of during the Lease termTerm, including without limitation, garbage disposals, showers, plumbing, and from the end of the last billing cycle to the date of termination, upon termination of the Leaseappliances.
Appears in 1 contract
Samples: Office Lease (XOMA Corp)
Tenant’s Maintenance. Tenant shall maintain the interior of the demised premises, including interior ceilings, walls, floors, plumbing and plumbing fixtures, electrical service and fixtures, other fixtures, heating and air conditioning equipment, pipes, doors, windows and all glass, the overhead doors, including the common hallway and the two bathrooms in the common hallway, in a safe, clean, sightly and sanitary condition, and in good working order, and shall repair and replace same as is necessary to maintain them in the condition they were in at the time Tenant took occupancy of the demised premises and, in any event, to maintain them in good working order. Tenant shall be responsible to enter into a servicing agreement for the heating and air conditioning equipmentshall, at Tenant's expense satisfaction sole cost and expense, keep and maintain the Premises, subfloors and floor coverings in good repair and in a clean and safe condition, casualties covered by insurance coverage excepted to the extent of proceeds received by Landlord. Tenant's obligations shall include the cleaning, operation, maintenance, repair and replacement of all utility systems and related equipment and portions thereof located within the Premises except to the extent Landlord performs such cleaning, operation, maintenance, repair and/or replacement under subparagraph 8(a) above because all or portions of the system and equipment serve more than one tenant suite. Tenant shall, at Tenant's own expense, immediately replace all interior, exterior or other glass in or about the Premises that may be broken during the Term with glass at least equal to the specification and quality of the glass so replaced. If Tenant fails to perform Tenant's obligations under this subparagraph, Landlord may at its option enter upon the Premises after ten (10) days prior written notice to Tenant and put the same in good order, condition and repair, and the cost thereof together with interest thereon at the rate of fifteen percent (15%) per annum shall become due and payable as additional rental to Landlord together with Tenant's next monthly Rent payment. Nothing herein shall imply any duty upon the part of Landlord to do any such work and the performance thereof by Landlord shall not constitute a waiver of Tenant's default in failing to perform the same. Landlord may, during the progress of any such work in or on the Premises, keep and store therein all necessary materials, tools, supplies and equipment. Landlord shall in no event not be responsible liable for replacement the inconvenience, annoyance, disturbance, loss of business or other damage of Tenant by reason of making such repairs or the performance of any broken windowssuch work, regardless or on account of bringing materials, tools, supplies or equipment into or through the cause Premises during the course thereof, and the responsibility for which being that obligations of Tenant. Tenant shall make no alterations or structural changes to the improvements on the demised premises or place signs on the exterior thereof without the prior written consent of Landlord, which under this Lease shall not be unreasonably withheld. Tenant shall also be billed directly for and pay the maintenance fees charged by the Northgate Center Association and covering the term of this Lease, as it may be renewed. Upon the commencement of this Lease and the termination of this Lease, if it does not coincide with the Association's billing cycle, Tenant shall pay to Landlord his pro rata amount of the Association fees until the beginning of the next billing cycle, if at the beginning of the Lease term, and from the end of the last billing cycle to the date of termination, upon termination of the Leaseaffected thereby.
Appears in 1 contract
Tenant’s Maintenance. A. Tenant shall at its own cost and expense keep and maintain the interior all parts of the demised premisesPremises (except those for which Landlord is expressly responsible under the terms of this Lease) in good condition, promptly making all necessary repairs and replacements, including but not limited to, windows, glass (EXCEPT IF REPAIRS TO WINDOWS OR GLASS IS REQUIRED BECAUSE OF LANDLORD'S FAILURE TO MAINTAIN BUILDING AS SET FORTH IN PARAGRAPH 6 OF THE LEASE) and plate glass, doors, any special office entry, interior ceilingswalls and finish work, wallsfloor and floor covering, floorsheating and air-conditioning systems, truck doors, plumbing and plumbing fixtures, electrical service work and fixtures, other fixturestermite and pest extermination, heating regular removal of trash and air conditioning equipmentdebris, pipes, doors, windows and all glass, keeping the overhead doors, including whole of the common hallway and the two bathrooms in the common hallway, Premises in a safe, clean, sightly clean and sanitary condition, and in good working order, and shall repair and replace same as is necessary to maintain them in the condition they were in at the time Tenant took occupancy of the demised premises and, in any event, to maintain them in good working order. Tenant shall not be obligated to repair any damage caused by fire, tornado, or other casualty covered by the insurance to be maintained by Landlord pursuant to subparagraph 13(A) below, except that Tenant shall be obligated to repair all wind damage to glass except with respect to tornado or hurricane damage.
B. Tenant shall not damage any demising wall or disturb the integrity and support provided by any demising wall and shall, at its sole cost and expenses, promptly repair any damage or injury to any demising wall caused by Tenant or its employees, agents, licensees or invitees.
C. Tenant and its employees, customers and licensees shall have the right to use the parking areas, if any, as may be designated by Landlord in writing, subject to such reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Landlord shall not be responsible to for enforcing Tenant's parking rights against any third parties, HOWEVER, TENANT MAY CONTACT LANDLORD IF A PROBLEM DEVELOPS, AND LANDLORD AGREES TO USE COMMERCIALLY REASONABLE EFFORTS TO ASSIST TENANT. If Tenant or any other particular tenant of the building can be clearly identified as being responsible for obstructions or stoppage of a common sanitary sewage line, then Tenant, if Tenant is responsible, or such other responsible Tenant, shall pay the entire cost thereof, upon demand, as additional rent. (SEE ADDENDUM TO PARAGRAPH 5C)
D. Tenant shall, at its own cost and expense, enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor for servicing agreement for the all heating and air air-conditioning equipment, at Tenant's expense satisfaction to Landlordsystems and equipment within the Premises. Landlord shall in no event be responsible for replacement of any broken windows, regardless of the cause thereof, the responsibility for which being that of Tenant. Tenant shall make no alterations or structural changes to the improvements on the demised premises or place signs on the exterior thereof without the prior written consent of Landlord, which shall not be unreasonably withheld. Tenant shall also be billed directly for and pay the maintenance fees charged by the Northgate Center Association and covering the term of this Lease, as it may be renewed. Upon the commencement of this Lease and the termination of this Lease, if it does not coincide with the Association's billing cycle, Tenant shall pay to Landlord his pro rata amount of the Association fees until the beginning of the next billing cycle, if at the beginning of the Lease term, and from the end of the last billing cycle to the date of termination, upon termination of the Lease.(SEE ADDENDUM TO PARAGRAPH 5D)
Appears in 1 contract
Samples: Lease Agreement (Applied Voice Technology Inc /Wa/)
Tenant’s Maintenance. Tenant shall maintain keep the interior Demised Premises in good, clean and habitable condition and shall at its sole cost and expense keep the Demised Premises free of insects, rodents, vermin and other pests and make all needed repairs and replacements, including replacement of cracked or broken glass and repairs, replacements and alterations required by any governmental authority or any insurance company providing coverage on any part of the demised premisesShopping Center, including interior ceilingsexcept for repairs and replacements required to be made by Landlord under the provisions of Section 8.1, wallsArticle 15 and Article 16. Without limiting the coverage of the previous sentence, floorsit is understood that Tenant's responsibilities therein include the repair and replacement of all lighting, heating, air conditioning, plumbing and plumbing fixturesother electrical, electrical service mechanical and fixtureselectromotive installation, other fixturesequipment and fixtures and also include all utility repairs in ducts, heating conduits, pipes and air conditioning equipment, pipes, doors, windows and all glass, the overhead doors, including the common hallway and the two bathrooms in the common hallway, in a safe, clean, sightly and sanitary conditionwiring, and in good working orderany sewer stoppage located in, and shall repair and replace same as is necessary to maintain them in under or above the condition they were in at the time Tenant took occupancy of the demised premises and, in any event, to maintain them in good working orderDemised Premises. Tenant shall be responsible to enter into a servicing agreement for the heating and air conditioning equipmentshall, at Tenant's sole cost and expense, maintain the Demised Premises (including, without limitation, the furniture, furnishings, trade fixtures, partitions, ceiling, floor coverings, equipment, signs, painting, decorating and other items therein) in substantially the same condition and appearance as at the date that Tenant opened the Demised Premises to the public for business. Tenant shall construct, install, operate and maintain its leasehold improvements, furniture, fixtures, equipment and other property in the Demised Premises in such a manner so as to not overload any portion of the floor or foundation of the Demised Premises. Tenant shall throughout the Lease term maintain at Tenant's sole cost and expense satisfaction a maintenance contract covering the heating, ventilating and air conditioning facilities within the conditions as Landlord may reasonably request. If Tenant fails to do so, Landlord may, but shall have no obligation to, retain a service company to do so on behalf of and for the account of Tenant, and the cost thereof shall be payable by Tenant to Landlord as additional Rent on demand. If any repairs required to be made by Tenant hereunder are not made within ten (10) days after written notice delivered to Tenant by Landlord. , Landlord may at its option make such repairs without liability to Tenant for any loss or damage which may result to its Stock or business by reason of such repairs; and Tenant shall pay to Landlord within ten (10) days of demand, as additional Rent hereunder, the cost of such repairs plus interest at the maximum contractual rate which could legally be charged in the event of a loan of such payment to Tenant (but in no event be responsible for replacement to exceed 1-1/2 per month), such interest to accrue continuously from date of any broken windows, regardless of the cause thereof, the responsibility for which being that payment by Landlord on behalf of Tenant. Tenant shall make no alterations At the expiration or structural changes to the improvements on the demised premises or place signs on the exterior thereof without the prior written consent of Landlord, which shall not be unreasonably withheld. Tenant shall also be billed directly for and pay the maintenance fees charged by the Northgate Center Association and covering the term of this Lease, as it may be renewed. Upon the commencement of this Lease and the earlier termination of this Lease, if it does not coincide with the Association's billing cycle, Tenant shall pay surrender the Demised Premises in good condition, excepting reasonable wear and tear and losses required to be restored by Landlord his pro rata amount in Section 8.1, Article 15 and Article 16 of the Association fees until the beginning of the next billing cycle, if at the beginning of the Lease term, and from the end of the last billing cycle to the date of termination, upon termination of the this Lease.
Appears in 1 contract
Tenant’s Maintenance. Subject to the provisions of Article Fourteen, Tenant shall, at Tenant's sole cost and expense, make all repairs to the Premises and fixtures therein which Landlord is not required to make pursuant to Section 8.01, including repairs to the interior walls, ceilings and windows of the Premises, the interior doors, Tenant's signage, and the electrical, plumbing and heating, ventilation and air conditioning systems exclusively serving the Premises and shall maintain the interior Premises, the fixtures and utilities systems therein, and all garbage/refuse enclosures used by Tenant located outside the Premises, in a good, clean and safe condition. Tenant shall deliver to Landlord a copy of any maintenance contract entered into by Tenant with respect to the demised premisesPremises. Tenant shall also, including interior ceilingsat Tenant's expense, wallskeep any non-standard heating, floors, plumbing and plumbing fixtures, electrical service and fixtures, other fixtures, heating ventilating and air conditioning equipment, pipes, doors, windows equipment and all glass, the overhead doors, including the common hallway and the two bathrooms other non-standard equipment in the common hallwayBuilding in good condition and repair, using contractors approved in advance, in writing, by Landlord. Notwithstanding Section 8.01 above, but subject to the waivers set forth in Section 16.04, Tenant will pay for any repairs to the Building or the Project which are caused by any negligence or carelessness, or by any willful and wrongful act, of Tenant or its assignees, subtenants or employees, or of the respective agents of any of the foregoing persons, or of any other persons permitted in the Building or elsewhere in the Project by Tenant or any of them. Tenant will maintain the Premises, and will leave the Premises upon termination of this Lease, in a safe, clean, sightly neat and sanitary condition. Notwithstanding the foregoing, Landlord shall perform and construct, and in good working orderTenant shall have no responsibility to perform or construct, any repair, maintenance or improvement which is covered by warranty or for which Landlord has a right of reimbursement from others. To the extent that capital expenditures must be made to properly repair, maintain, or replace any portion of the Premises of which Tenant is responsible hereunder, Landlord shall cause such work to be completed and such capital expenditure shall be amortized over the useful life of the capital item, and shall repair and replace same as is necessary to maintain them in the condition they were in at the time Tenant took occupancy of the demised premises and, in any event, to maintain them in good working order. Tenant shall be responsible to enter into a servicing agreement for the heating and air conditioning equipment, at Tenant's expense satisfaction to Landlord. Landlord shall in no event be responsible for replacement of any broken windows, regardless of the cause thereof, the responsibility for which being that of Tenant. Tenant shall make no alterations or structural changes to the improvements on the demised premises or place signs on the exterior thereof without the prior written consent of Landlord, which shall not be unreasonably withheld. Tenant shall also be billed directly for and pay the maintenance fees charged by the Northgate Center Association and covering the term of this Lease, as it may be renewed. Upon the commencement of this Lease and the termination of this Lease, if it does not coincide with the Association's billing cycle, Tenant shall pay to Landlord his pro rata amount the amortized portions of the Association fees until the beginning of the next billing cycle, if at the beginning of the Lease term, and from the end of the last billing cycle to the date of termination, upon termination of the Leasecost thereof.
Appears in 1 contract
Tenant’s Maintenance. A. Tenant shall at its own cost and expense keep and maintain the interior all parts of the demised premisesPremises (except those for which Landlord is expressly responsible under the terms of this Lease) in good condition, promptly making all necessary repair and replacements, including but not limited to, windows, glass and plate glass, doors, any special office entry, interior ceilingswalls and finish work, wallsfloors and floor coverings, floorsdown spouts, plumbing and plumbing fixtures, electrical service and fixtures, other fixturesgutters, heating and air conditioning equipmentsystems, pipesdock boards, truck doors, windows dock bumpers, paving, plumbing work and all glassfixtures, termite and pest extermination, regular removal of trash and debris, keeping the overhead doorsparking areas and driveways, including the common hallway alleys and the two bathrooms in whole of the common hallway, Premises in a safe, clean, sightly clean and sanitary condition, and in good working order, and shall repair and replace same as is necessary to maintain them in the condition they were in at the time Tenant took occupancy of the demised premises and, in any event, to maintain them in good working order. Tenant shall not be obligated to repair any damage caused by fire, tornado, or other casualty covered by the insurance to be maintained by Landlord pursuant to subparagraph 13(A) below, except that Tenant shall be obligated to repair all wind damage to glass except with respect to tornado or hurricane damage.
B. Tenant shall not damage any demising wall or disturb the integrity and support provided by any demising wall and shall, at its own sole cost and expense, promptly repair any damage or injury to any demising wall caused by Tenant or its employees, agents, licensees or invitees.
C. Tenant and its employees, customers and licensees shall have the right to use the parking areas, if any, as may be designated by Landlord in writing, subject to such reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Landlord shall not be responsible to for enforcing Tenant's exclusive parking rights against any third parties. If Tenant or any other particular tenant of the building can be clearly identified as being responsible for obstructions or stoppage of a common sanitary sewage line, then Tenant, if Tenant is responsible, or such other responsible Tenant, shall pay the entire cost thereof, upon demand, as additional rent.
D. Tenant shall, at its own cost and expense, enter into a regularly scheduled preventative maintenance/service contract with a maintenance contractor for servicing agreement for the all heating and air conditioning equipment, at Tenant's expense satisfaction to Landlord. Landlord shall in no event be responsible for replacement of any broken windows, regardless of and equipment within the cause thereof, the responsibility for which being that of Tenant. Tenant shall make no alterations or structural changes to the improvements on the demised premises or place signs on the exterior thereof without the prior written consent of Landlord, which shall not be unreasonably withheld. Tenant shall also be billed directly for and pay the maintenance fees charged by the Northgate Center Association and covering the term of this Lease, as it may be renewed. Upon the commencement of this Lease and the termination of this Lease, if it does not coincide with the Association's billing cycle, Tenant shall pay to Landlord his pro rata amount of the Association fees until the beginning of the next billing cycle, if at the beginning of the Lease term, and from the end of the last billing cycle to the date of termination, upon termination of the LeasePremises.
Appears in 1 contract
Samples: Lease Agreement (Tango Inc)
Tenant’s Maintenance. (a) Tenant shall keep and maintain the entire interior of the demised premisesLeased Premises (with the exception of items to be maintained, including interior ceilings, walls, floors, plumbing repaired and plumbing fixtures, electrical service and fixtures, other fixtures, heating and air conditioning equipment, pipes, doors, windows and all glassreplaced by Landlord pursuant to Section 9.0), the overhead doors, including the common hallway paved area on which KXL Pipeline is stored as outlined on Exhibit “A” attached hereto (“Tenant Storage Area”) and the two bathrooms portion of the exterior not to be maintained by Landlord pursuant to Section 9.0, roof-mounted mechanical equipment used exclusively in connection with the common hallwayLeased Premises, in a safepipes and conduits below the floor of the Leased Premises, clean, sightly and windows on the interior and exterior of the Leased Premises clean and sanitary condition, and in good working ordercondition and repair, including, without limitation, any necessary replacements, and further including, without limitation, carpet cleaning at least once each year, necessary interior painting, and maintaining and repairing of exterior doors in conformity with other exterior doors of the building or buildings on the Real Estate. Tenant shall, to the extent possible, keep the Leased Premises from falling temporarily out of repair or deteriorating. Tenant shall repair fully comply with all health, safety and replace same as is necessary to maintain them police regulations in force. Tenant shall promptly remove any debris left by Tenant, its employees, agents, contractors, or invitees in the condition they were in at the time Tenant took occupancy parking area or other exterior areas of the demised premises andReal Estate.
(b) At all times during the Lease Term, in any event, to maintain them in good working order. Tenant shall be responsible to enter into a servicing agreement for the heating and expense of that portion of Landlord’s maintenance cost, or the portion of any maintenance contract allocable to the heating, air conditioning equipmentand ventilating equipment serving the Leased Premises (“HVAC Units”), at Tenant's expense satisfaction to Landlord. Landlord shall and provides for necessary repairs thereto.
(c) In addition, and notwithstanding anything in no event be responsible for replacement of any broken windows, regardless of the cause thereof, the responsibility for which being that of Tenant. Tenant shall make no alterations or structural changes Sections 9.0 and 9.1 to the improvements on the demised premises or place signs on the exterior thereof without the prior written consent of Landlord, which shall not be unreasonably withheld. Tenant shall also be billed directly for and pay the maintenance fees charged by the Northgate Center Association and covering the term of this Lease, as it may be renewed. Upon the commencement of this Lease and the termination of this Lease, if it does not coincide with the Association's billing cycle, Tenant shall pay to Landlord his pro rata amount of the Association fees until the beginning of the next billing cyclecontrary, if at any time after the beginning Commencement Date and during the Term Landlord determines any HVAC Unit, or the compressor of such HVAC Unit, requires replacement, Landlord shall replace such Unit, and the costs of such replacement will be amortized over Landlord’s reasonable estimate of the Lease termuseful life of such replacement, and from Tenant will pay as additional rent the end portion of such amortized costs allocable to the remainder of the last billing cycle to the date of termination, upon termination of the LeaseTerm.
Appears in 1 contract
Samples: Membership Interest Purchase and Sale Agreement (Global Power Equipment Group Inc.)
Tenant’s Maintenance. 5.1. Landlord and Tenant acknowledge that except as otherwise expressly provided herein it is the intent of the parties that Tenant shall maintain not be obligated to make any capital replacements or modifications to the interior Premises and shall only be responsible for repairs and maintenance (including structural repairs) required as a result of (i) ordinary wear and tear during the Lease Term, (ii) Tenant's particular use or manner of use of the demised premisesPremises, including interior ceilingsor (iii) Tenant's negligence or breach of the Lease. As between Landlord, wallsand Tenant, floors, plumbing and plumbing fixtures, electrical service and fixturesLandlord shall make any repairs or replacements necessary to keep the Premises in good operating order, other fixturesthan those listed in clauses (i) - (iii) above. Tenant shall, heating at its sole cost and expense, provide for termite and pest extermination, regular removal of trash and debris, landscape maintenance, plant material replacement, sweeping, window cleaning, and keeping the parking areas, driveways and shall keep the whole of the Premises in a clean and sanitary condition.
5.2. Tenant shall, at its own cost and expense, enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor for servicing all heating, ventilating and air conditioning equipmentsystems and equipment serving the Premises.
5.3. As initially stated in Section 5.1 above, pipesTenant shall have no obligation to make or pay for any capital replacement (as determined under generally accepted accounting principles) to the Premises with the exception of Tenant's obligation to pay the cost of the repair or replacement of the roof at the Manufacturing Building. Pursuant to Section 5.7 of the Purchase Agreement, doors, windows and all glass, the overhead doors, including the common hallway and the two bathrooms Tenant has established an escrow in the common hallwayamount of $250,000 to be held under a separate escrow agreement (the "Roof Escrow"), in a safe, clean, sightly and sanitary condition, and in good working order, and shall repair and replace same as is necessary to maintain them in the condition they were in at the time Tenant took occupancy of the demised premises and, in any event, to maintain them in good working order. Tenant which amount shall be responsible applied by Landlord to enter into a servicing agreement for the heating and air conditioning equipment, at Tenant's expense satisfaction to Landlordcosts of such work. Landlord shall be obligated to complete such roof work within one year after executing this Lease and any amounts remaining in the Roof Escrow following the completion of such work shall be refunded to Tenant. Landlord shall use diligent efforts (short of litigation) to minimize the cost of the roof work, including making claims under existing warranties, as assigned to Landlord, or "make goods." Under no event circumstances shall Tenant be responsible for replacement any costs in connection with the Roof work in excess of any broken windows, regardless of the cause thereof, the responsibility for which being that of Tenant$250,000.
5.4. Tenant shall make no alterations or structural changes to the improvements on the demised premises or place signs on the exterior thereof without the prior written consent of With Landlord's consent, which shall not be unreasonably withheld. Tenant shall also be billed directly for and pay the maintenance fees charged by the Northgate Center Association and covering the term of this Lease, as it may be renewed. Upon the commencement of this Lease and the termination of this Lease, if it does not coincide with the Association's billing cyclewithheld or delayed, Tenant shall pay may, subject to Landlord his pro rata amount Section 7, make capital replacements as are necessary to continue its customary operations on the Premises, at its sole cost and expense and without reimbursement of the Association fees until the beginning of the next billing cycle, if at the beginning of the Lease term, and any kind from the end of the last billing cycle to the date of termination, upon termination of the LeaseLandlord.
Appears in 1 contract
Tenant’s Maintenance. Tenant Tenant, at its sole cost and expense, shall maintain the interior of the demised premisesmaintain, including interior ceilings, walls, floors, plumbing and plumbing fixtures, electrical service and fixtures, other fixtures, heating and air conditioning equipment, pipes, doors, windows and all glass, the overhead doors, including the common hallway and the two bathrooms in the common hallway, in a safe, clean, sightly and sanitary condition, and in good working order, and shall repair and replace same (except as is necessary to maintain them otherwise set forth in Paragraph 9(b) below) during the condition they were in at Term of this Lease the time Tenant took occupancy of Premises, the demised premises andProperty and every part thereof and any and all appurtenances thereto, in any eventincluding, to maintain them in good working order. Tenant shall be responsible to enter into a servicing agreement for the heating and air but not limited to, doors; walls; light fixtures; kitchen fixtures; trash enclosures, heating, ventilation, or air-conditioning equipment; bathroom fixtures; plumbing equipment; electrical equipment; rugs, at Tenant's expense satisfaction to Landlord. Landlord shall in no event be responsible for replacement of any broken windowscarpeting, regardless of wall coverings and drapes; the cause thereof, roof; mechanical equipment; exterior and interior paint; the responsibility for which being that of Tenant. Tenant shall make no alterations or structural changes to the improvements on the demised premises or place signs on the exterior thereof without the prior written consent of Landlord, which shall not be unreasonably withheldparking areas and landscaping. Tenant shall also be billed directly responsible for any weather related clean-up (such as snow removal) and for contracting for trash removal. As of the Commencement Date, Tenant shall, at Tenant's sole expense, enter into a maintenance agreement for the service and maintenance of the heating, ventilating and air-conditioning units with a reputable maintenance service company reasonably approved by Landlord. Tenant shall furnish Landlord with copy of such contract, which shall provide that they may not be canceled or changed without at least 30 days' prior written notice to Landlord. Without limiting the generality of Paragraph 22 hereof, if Tenant, at any time during the Term fails to enter into, maintain or provide Landlord with copy of such maintenance agreement, or to have such reasonable work performed, within ten (10) business days after Landlord's written notification to Tenant of such information, Landlord shall have the right (but not the obligation), in its sole and absolute discretion, to obtain such maintenance agreement and/or have such work performed, and Tenant shall reimburse Landlord for the cost of such maintenance and pay an administrative fee of ten percent (10%) of the maintenance fees charged by the Northgate Center Association and covering the term cost of this Lease, as it may be renewed. Upon the commencement of this Lease and the termination of this Lease, if it does not coincide with the Association's billing cycle, Tenant shall pay such agreement to Landlord his pro rata amount for each instance where Landlord obtains such maintenance agreement on behalf of Tenant. Documentation for reimbursement for such action must be presented to Tenant for payment under the rules and regulations of the Association fees until the beginning of the next billing cycle, if at the beginning of the Lease term, and from the end of the last billing cycle to the date of termination, upon termination of the LeaseState Procurement Code.
Appears in 1 contract
Samples: Lease Agreement
Tenant’s Maintenance. (a) Tenant shall at its own cost and expense keep and maintain the interior all parts of the demised premisesPremises (except those for which Landlord is expressly responsible under the terms of this Lease) in good condition, providing janitorial services for the Premises and promptly making all necessary repair and replacements, including but not limited to, windows, glass and plate glass, doors, any special office entry, interior ceilingswalls and finish work, walls, floors, plumbing floor and plumbing fixtures, electrical service and fixtures, other fixturesfloor covering, heating and air conditioning equipmentsystems, pipesdock boards, truck doors, windows dock bumpers, paving attributable to the Premises, plumbing work and all glassfixtures, termite and pest extermination, regular removal of trash and debris, keeping the overhead doorsparking areas, including the common hallway driveways, alleys and the two bathrooms in whole of the common hallway, Premises in a safe, clean, sightly clean and sanitary condition.
(b) Tenant shall not damage any demising wall or disturb the integrity and support provided by any demising wall and shall, at its sole cost and in good working orderexpense, and shall promptly repair and replace same as is necessary any damage or injury to maintain them in the condition they were in at the time any demising wall caused by Tenant took occupancy or its employees, agents, licensees or invitees.
(c) If Tenant or any other particular tenant of the demised premises andBuilding can be clearly identified as being responsible for obstructions or stoppage of a common sanitary sewage line, in any eventthen Tenant, to maintain them in good working order. if Tenant is responsible, or such other responsible tenant, shall be responsible to pay the entire cost thereof, upon demand, as Additional Rent.
(d) Tenant shall, at its own cost and expense, enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor for servicing agreement for the all heating and air conditioning equipmentsystems and equipment within the Premises (“HVAC Contract”). Upon request by Landlord, at Tenant's expense satisfaction to Landlord. Landlord Tenant shall in no event be responsible for replacement of any broken windows, regardless provide a copy of the cause thereof, the responsibility for which being that of TenantHVAC Contract. If Tenant shall make no alterations or structural changes fails to the improvements on the demised premises or place signs on the exterior thereof without the prior written consent of Landlord, which shall not be unreasonably withheld. Tenant shall also be billed directly for and pay the maintenance fees charged by the Northgate Center Association and covering the term of this Lease, as it may be renewed. Upon the commencement of deliver an HVAC Contract to Landlord required under this Lease and within the termination prescribed time period then after ten (10) days’ notice of this Lease, if it does not coincide with the Association's billing cyclesuch failure given by Landlord to Tenant, Tenant shall pay to Landlord his pro rata amount of $500 for each thirty (30) day period during which Tenant fails to provide the Association fees until the beginning of the next billing cycle, if at the beginning of the Lease term, and from the end of the last billing cycle to the date of termination, upon termination of the LeaseHVAC Contract. All such amounts shall be deemed Additional Rent.
Appears in 1 contract
Samples: Lease Agreement (Leatt Corp)
Tenant’s Maintenance. Tenant Subject to the provisions of Article Fourteen, Tenant, at its expense, shall keep and maintain the interior of the demised premises, including interior ceilings, walls, floors, plumbing and plumbing fixtures, electrical service and fixtures, other fixtures, heating and air conditioning equipment, pipes, doors, windows Premises and all glassTenant Alterations in good order, the overhead doors, including the common hallway condition and the two bathrooms in the common hallway, in a safe, clean, sightly and sanitary condition, repair and in good working order, accordance with all Laws and shall repair and replace same as is necessary to maintain them in the condition they were in at the time Tenant took occupancy of the demised premises and, in any event, to maintain them in good working orderEnvironmental Laws. Tenant shall be responsible to enter into a servicing agreement for the heating care, custody and air conditioning control of all above standard mechanical, electrical and plumbing systems, and connected devices that allow the mechanical system to operate in its intended manner. Should Tenant have additional or supplemental equipment in place, Tenant will be required to have a preventative maintenance program with an approved mechanical, electrical, or plumbing contractor to insure continuous operation of these systems or equipment, at Tenant's expense satisfaction to Landlord. Landlord shall in no event be responsible for replacement of any broken windows, regardless of the cause thereof, the responsibility for which being that of Tenant. Tenant shall make no alterations or structural changes provide the Building Manager with a copy of such required maintenance contracts and insurance certificates from each contractor with thirty (30) days of installing any such equipment. Tenant shall not permit waste and shall promptly and adequately repair all damages to the improvements on Premises and replace or repair all damaged or broken glass in the demised premises interior of the Premises, fixtures or place signs on appurtenances. Any repairs or maintenance shall be completed with materials of similar quality to the exterior thereof without original materials, all such work to be completed under the prior written consent supervision of Landlord. Any such repairs or maintenance shall be performed only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld, and whose work will not cause or threaten to cause disharmony or interference with Landlord or other tenants in the Building and their respective agents and contractors performing work in or about the Building. If Tenant shall also be billed directly for fails to perform any of its obligations set forth in this Section 8.02, Landlord may, in its sole discretion and pay upon 24 hours prior notice to Tenant (except without notice in the maintenance fees charged by case of emergencies), perform the Northgate Center Association same, and covering the term of this Lease, as it may be renewed. Upon the commencement of this Lease and the termination of this Lease, if it does not coincide with the Association's billing cycle, Tenant shall pay to Landlord his pro rata amount of the Association fees until the beginning of the next billing cycle, if at the beginning of the Lease term, and from the end of the last billing cycle to the date of termination, any costs or expenses incurred by Landlord upon termination of the Leasedemand.
Appears in 1 contract
Samples: Office Lease Agreement (E2open Inc)
Tenant’s Maintenance. Tenant shall maintain the interior of the demised premises, including interior ceilings, walls, floors, plumbing and plumbing fixtures, electrical service and fixtures, other fixtures, heating and air conditioning equipment, pipes, doors, windows and all glass, the overhead doors, including the common hallway and the two bathrooms in the common hallway, in a safe, clean, sightly and sanitary condition, and in good working order, and shall repair and replace same as is necessary to maintain them in the condition they were in at the time Tenant took occupancy of the demised premises and, in any event, to maintain them in good working order. Tenant shall be responsible to enter into a servicing agreement for the heating and air conditioning equipmentshall, at Tenant's expense satisfaction sole cost and expense, keep and maintain the Premises, subfloors and floor coverings in good repair and in a clean and safe condition, casualties covered by insurance coverage excepted to the extent of proceeds received by Landlord. Tenant's obligations shall include the cleaning, operation, maintenance, repair and replacement of all utility systems and related equipment and portions thereof located within the Premises except to the extent Landlord performs such cleaning, operation, maintenance, repair and/or replacement under subparagraph 8(a) above because all or portions of the system and equipment serve more than one tenant suite. Tenant shall, at Tenant's own expense, immediately replace all interior, exterior or other glass in or about the Premises that may be broken during the Term with glass at least equal to the specification and quality of the glass so replaced. If Tenant fails to perform Tenant's obligations under this subparagraph, Landlord may at its option enter upon the Premises after ten (10) days prior written notice to Tenant and put the same in good order, condition and repair, and the cost thereof together with interest thereon at the rate of eighteen percent (18%) per annum shall become due and payable as additional rental to Landlord together with Tenant's next monthly Rent payment. Nothing herein shall imply any duty upon the part of Landlord to do any such work and the performance thereof by Landlord shall not constitute a waiver of Tenant's default in failing to perform the same. Landlord may, during the progress of any such work in or on the Premises, keep and store therein all necessary materials, tools, supplies and equipment. Landlord shall in no event not be responsible liable for replacement the inconvenience, annoyance, disturbance, loss of business or other damage of Tenant by reason of making such repairs or the performance of any broken windowssuch work, regardless or on account of bringing materials, tools, supplies or equipment into or through the cause Premises during the course thereof, and the responsibility for which being that obligations of Tenant. Tenant shall make no alterations or structural changes to the improvements on the demised premises or place signs on the exterior thereof without the prior written consent of Landlord, which under this Lease shall not be unreasonably withheld. Tenant shall also be billed directly for and pay the maintenance fees charged by the Northgate Center Association and covering the term of this Lease, as it may be renewed. Upon the commencement of this Lease and the termination of this Lease, if it does not coincide with the Association's billing cycle, Tenant shall pay to Landlord his pro rata amount of the Association fees until the beginning of the next billing cycle, if at the beginning of the Lease term, and from the end of the last billing cycle to the date of termination, upon termination of the Leaseaffected thereby.
Appears in 1 contract
Samples: Multi Tenancy Industrial Lease (Pegasus Solutions Inc)
Tenant’s Maintenance. Tenant shall shall, throughout the term, at its sole cost and expense, keep the Premises clean, remove all refuse, trash and debris therefrom, keep waste and drain pipes open and generally maintain the interior Premises and the improvements now or hereafter comprising all or any part of the demised premises, including interior ceilings, walls, floors, plumbing and plumbing fixtures, electrical service and fixtures, other fixtures, heating and air conditioning equipment, pipes, doors, windows and all glass, the overhead doors, including the common hallway Premises and the two bathrooms fixtures and appurtenances thereto (and the portion of the plumbing, heating, air conditioning, ventilating equipment and fixtures located in or affecting only the common hallway, in a safe, clean, sightly and sanitary condition, and Premises) in good working order, and shall repair and replace same as is necessary to maintain them in the condition they were in at the time Tenant took occupancy of the demised premises and, in any event, to maintain them in good working ordercondition. Tenant shall be responsible to enter into a servicing agreement for the heating and air conditioning equipmentpromptly, at Tenant's expense satisfaction own cost and expense, make all repairs and replacements necessary to Landlord. maintain such good order, repair and condition, except for repairs and replacements which Landlord shall in no event be responsible for replacement of any broken windows, regardless of the cause thereof, the responsibility for which being that of Tenantagrees to make pursuant to subsection 6.2. Tenant shall make no alterations obtain, at its sole cost and expense, an annual maintenance contract for utility systems and heating, ventilating and air conditioning equipment and systems serving only the Premises. Tenant further agrees, at its sole cost and expense, to promptly repair all damage or structural changes injury to the improvements Premises, making replacements, if necessary, including any portion of the Premises for which Landlord is responsible pursuant to subsection 6.2, caused by (i) the negligence or willful misconduct of Tenant or its employees, agents, invitees, licensees, subtenants, or contractors, or (ii) the act of moving in or out of the Premises or the installation or removal of any furniture, fixtures or other property, which repairs and replacements shall be in quality and class equal to the original work or installations. Tenant further agrees to maintain the parking areas and loading docks which are part of the Premises in good condition and repair, including, but not limited to, periodic and customary maintenance thereof, and shall return the same to Landlord in a condition which is at least as good as its state of repair on the demised premises or place signs date the work under Exhibit "C" has been completed other than reasonable wear and tear on the exterior thereof without parking area and reasonable wear and tear on the prior written consent of Landlord, loading docks which shall not be unreasonably withheld. Tenant shall also be billed directly for and pay the maintenance fees charged by the Northgate Center Association and covering the term of this Lease, as it may be renewed. Upon the commencement of this Lease and the termination of this Lease, if it does not coincide with materially and adversely affect the Association's billing cyclefunctioning thereof. Notwithstanding the foregoing, Tenant shall pay have no obligation to Landlord his pro rata amount bring any physical aspect of the Association fees until Premises or the beginning Property into compliance with legal requirements to the extent such aspect is not in compliance on the date hereof; provided, however, that Tenant shall at all times remain responsible for compliance required by reason of any change in law, by reason of any improvements made by Tenant or by reason of Tenant's particular use of the next billing cycleProperty; and provided further, if at however, that Sections 15 and 18 hereof shall control over any inconsistent language in this sentence. Notwithstanding anything to the beginning contrary contained herein, Tenant shall have no responsibility under this Lease for repairing or replacing any defective condition in the initial construction of the roof, exterior walls or foundation. Tenant's obligations to maintain the HVAC system and the parking areas is hereby limited as follows: Tenant shall have no obligation to make or pay for any individual repair the cost of which exceeds $10,000. As to any individual repair the cost of which exceeds $10,000, Landlord shall perform such repair or cause such repair to be made, and Tenant shall reimburse Landlord for the Amortized Portion of the cost of the repair. The "Amortized Portion" shall be equal to (i) the cost of the repair multiplied by a fraction equal to (i) the period remaining on the Term of the Lease termat the time the repair is made, together with any exercised renewals divided by (ii) such period as is reasonably determined by Landlord to be the useful life of such repair. In addition to and from the end not in limitation of the last billing cycle forgoing, Landlord warrants the HVAC system to the date of termination, upon termination be in good working order as of the LeaseCommencement Date, which warranty shall remain in effect for a period of one (1) year after the Commencement Date.
Appears in 1 contract
Samples: Lease Agreement (Brightpoint Inc)
Tenant’s Maintenance. A. Tenant shall at its own cost and expense keep and maintain the interior all parts of the demised premisesPremises (except those for which Landlord is expressly responsible under the terms of this Lease) in good condition, promptly making all necessary repair and replacements, including but not limited to, windows, glass and plate glass, doors, any special office entry, interior ceilingswalls and finish work, wallsfloor and floor covering, floorsdownspouts, plumbing and plumbing fixtures, electrical service and fixtures, other fixturesgutters, heating and air conditioning equipmentsystems, pipesdock boards, truck doors, windows dock bumpers, paving, plumbing work and all glassfixtures, termite and pest extermination, regular removal of trash and debris, keeping the overhead doorsparking areas, including the common hallway driveways, alleys and the two bathrooms in whole of the common hallway, Premises in a safe, clean, sightly clean and sanitary condition, and in good working order, and shall repair and replace same as is necessary to maintain them in the condition they were in at the time Tenant took occupancy of the demised premises and, in any event, to maintain them in good working order. Tenant shall not be obligated to repair any damage caused by fire, tornado, or other casualty covered by the insurance to be maintained by Landlord pursuant to subparagraph 13(A) below, except that Tenant shall be obligated to repair all wind damage to glass except with respect to tornado or hurricane damage. However, Tenant shall not be responsible for window glass damage caused by vandalism or the wilfull acts of others
B. Tenant shall not damage any demising wall or disturb the integrity and support provided by any demising wall and shall, at its sole cost and expense, promptly repair any damage or injury to any demising wall caused by Tenant or its employees, agents, licensees or invitees.
C. Tenant and its employees, customers and licensees shall have the right to use the parking areas, if any, as may be designated by Landlord in writing, subject to such reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Landlord shall not be responsible for enforcing Tenant's exclusive parking rights against any third parties. If Tenant or any other particular tenant of the building can be clearly identified as being responsible for obstructions or stoppage of a common sanitary sewage line, then Tenant, if Tenant is responsible, or such other responsible Tenant, shall pay the entire cost thereof, upon demand, as additional rent.
D. Tenant shall, at its own cost and expense, enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor for servicing agreement for the all heating and air conditioning equipment, at Tenant's expense satisfaction to Landlord. Landlord shall in no event be responsible for replacement of any broken windows, regardless of systems and equipment within the cause thereof, the responsibility for which being that of Tenant. Tenant shall make no alterations or structural changes to the improvements on the demised premises or place signs on the exterior thereof without the prior written consent of Landlord, which shall not be unreasonably withheld. Tenant shall also be billed directly for and pay the maintenance fees charged by the Northgate Center Association and covering the term of this Lease, as it may be renewed. Upon the commencement of this Lease and the termination of this Lease, if it does not coincide with the Association's billing cycle, Tenant shall pay to Landlord his pro rata amount of the Association fees until the beginning of the next billing cycle, if at the beginning of the Lease term, and from the end of the last billing cycle to the date of termination, upon termination of the LeasePremises.
Appears in 1 contract
Tenant’s Maintenance. (a) Except as provided in Section 9.1 hereof, Tenant shall keep and maintain the entire interior of the demised premisesLeased Premises, including interior ceilingsspecifically including, wallswithout limitation, floorsall the heating, plumbing and plumbing fixtures, electrical service and fixtures, other fixtures, heating ventilating and air conditioning equipment, pipespipes and conduits in good condition and repair. As used herein, doorseach and every obligation of Tenant to keep, windows maintain and repair shall include, without limitation, all glassordinary and extraordinary structural and non-structural repairs and replacements on account of (i) Tenant's use of the Leased Premises, and (ii) any improvements made to the overhead doorsLeased Premises by Tenant. As to any repairs costing in excess of $10,000.00 and as to any replacements whatsoever, including the common hallway and the two bathrooms in the common hallwayTenant shall, in a safeconnection therewith, clean, sightly and sanitary condition, and in good working order, and shall repair and replace same as is necessary to maintain them in comply with the condition they were in at the time Tenant took occupancy requirements of the demised premises and, in any event, to maintain them in good working orderSection 9.3(b) hereof. Tenant shall keep the Leased Premises from falling out of repair or deteriorating and shall keep the same safe, secure and clean and in full compliance with all health and safety regulations in force. Nothing in Section 1.5(a) shall be responsible deemed to enter into a servicing agreement for the heating and air conditioning equipment, at limit Tenant's expense satisfaction obligation under this Section 9.2(a). Tenant shall promptly remove any debris left by Tenant, its employees, agents, contractors or invitees in the parking area or other exterior areas of the Real Estate. Tenant agrees to cooperate with any other tenants on the Real Estate in connection with exterior maintenance and repairs not performed by Landlord hereunder to the end that any exterior repairs and maintenance will be performed in a uniform manner acceptable to Landlord. Landlord shall in no event be responsible for replacement of any broken windowsIn connection therewith, regardless of the cause thereof, the responsibility for which being that of Tenant. Tenant shall make no alterations or structural changes and such other tenants may agree among themselves as to the improvements on the demised premises or place signs on the exterior thereof without the prior written consent allocation of Landlordcosts and responsibilities.
(b) Without limiting Tenant's obligations under Section 9.2(a) hereof, which shall not be unreasonably withheld. Tenant shall also be billed directly for and pay the maintenance fees charged by the Northgate Center Association and covering shall, at all times during the term of this Lease, as it may be renewed. Upon the commencement of this Lease have and the termination of this Leasekeep in force a maintenance contract in form and with a contractor satisfactory to Landlord, if it does not coincide with the Association's billing cycle, Tenant shall pay to Landlord his pro rata amount providing for inspection at least once each calendar quarter of the Association fees until heating, air conditioning and ventilating equipment (which inspection shall encompass the beginning of the next billing cycle, if at the beginning of the Lease termwork described on Schedule I attached hereto and made a part hereof), and from the end of the last billing cycle providing for necessary repairs thereto. Said contract shall provide that it will not be cancelable by either party thereto except upon thirty (30) days' prior written notice to the date of termination, upon termination of the LeaseLandlord.
Appears in 1 contract
Samples: Industrial Space Lease (Value City Department Stores Inc /Oh)