Tenant’s Maintenance. (a) Subject to the provisions of Article Fourteen, Tenant shall, at Tenant’s sole cost and expense, maintain and 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, life-safety, plumbing located within the Premises and any HVAC serving only the Premises, and shall maintain the Premises, the fixtures, HVAC systems serving only the Premises, utilities systems or portions thereof serving only the Premises, and garbage enclosures, if any, for Tenant’s exclusive use 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 Premises. Tenant shall also, at Tenant’s expense, keep any non-standard heating, ventilating and air conditioning equipment and other non-standard equipment installed by or on behalf of Tenant in good condition and repair, using contractors approved in advance, in writing, by Landlord, which approval shall not be unreasonably withheld. Notwithstanding Section 8.01 above, to the extent that Landlord is not reimbursed by insurance and no waiver set forth in Section 16.04 is applicable, Tenant will pay for any repairs to the Building or the Project which are caused by any negligence or 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, neat and sanitary condition.
Appears in 2 contracts
Samples: Workletter Agreement (Genomic Health Inc), Lease (Genomic Health Inc)
Tenant’s Maintenance. (a) Subject to During the provisions Term of Article Fourteenthis Lease, Tenant shall, at Tenant’s sole cost and expense, : (a) maintain and 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, Personal Property therein and the electrical, life-safety, plumbing located maintain any Common Areas within the Premises and any HVAC serving only the Premises, and shall maintain the Premises, the fixtures, HVAC systems serving only the Premises, utilities systems or portions thereof serving only the Premises, and garbage enclosures, if any, for Tenant’s exclusive use outside the Premises, Datacenter that are used by Tenant in a goodclean, sightly, safe and good order and clean condition (and safe condition. in at least as good order and clean condition as when Tenant shall deliver to Landlord a copy of any maintenance contract entered into by Tenant with respect to took possession), ordinary wear and tear excepted and (b) regularly remove all trash from the Premises. For the avoidance of doubt, it is understood and agreed that, Tenant shall alsobe responsible, at Tenant’s expenseunder this Section 9.2, keep any non-standard heatingfor the maintenance and repair (and when necessary, ventilating replacement) of all portions of the electrical systems and air conditioning equipment infrastructure serving the Premises “downstream” of the output circuit breakers for the PDUs serving the Datacenter Space (including, without limitation, all RPPs, power distribution whips, receptacles, Tenant Datacenter Space Installations and other non-standard equipment installed installations), whether provided as of the Commencement Date by Landlord or on behalf of Tenant in good condition and repair, using contractors approved in advance, in writing, by Landlord, which approval shall not be unreasonably withheldotherwise. Notwithstanding Section 8.01 above, to the extent that Landlord is not reimbursed by insurance and no waiver set forth in Section 16.04 is applicable, Tenant will pay for any repairs to the Building or the Project which are caused by any negligence or willful and wrongful act, of If Tenant or its assigneesany other Tenant Party, subtenants including, but not limited to any of their technicians or employeesrepresentatives, physically damages the Campus, the Project, the Building, the Datacenter, the Meet Me Room or of the respective agents any portion of any of the foregoing personsabove, or the personal property of any other persons permitted tenant or occupant, Landlord shall notify Tenant of the issue in writing. If Tenant does not fully and adequately address the Building issue within five (5) business days, Landlord may, but shall not be obligated to, perform all necessary or elsewhere appropriate maintenance and repair, and any amounts expended by Landlord in the Project connection therewith, plus an administrative charge of ten percent (10%), shall be reimbursed by Tenant to Landlord as Additional Rent within thirty (30) days after Landlord’s written invoice therefor. Notwithstanding the foregoing, if Landlord reasonably believes that Tenant’s failure to comply with this Section 9.2 may cause imminent loss, damage or harm to Landlord or any tenant or occupant of them. the Campus, then Landlord shall not be obligated to give five (5) business days notice to Tenant will maintain and may immediately proceed with maintenance and repair of the Premises, and will leave issue in accordance with the Premises upon termination of this Lease, in a safe, clean, neat and sanitary conditionforegoing sentence.
Appears in 2 contracts
Samples: Wholesale Datacenter Lease (Box Inc), Wholesale Datacenter Lease (Box Inc)
Tenant’s Maintenance. (a) Subject to the provisions of Section 8.1 above and Article Fourteen, Landlord, at Tenant’s expense, shall keep and maintain the Premises and all Tenant shallAdditions in good order, condition and repair and in accordance with all Laws and Environmental Laws, subject to Section 7.1 above. Tenant shall provide regular janitorial services to the Premises, at Tenant’s sole cost and expense, maintain . Tenant shall not permit waste and make shall bear the expense of the repair of all repairs damage to the Premises and fixtures therein which Landlord is not required to make pursuant to Section 8.01, including repairs to the replacement and repair all damaged or broken glass in the interior walls, ceilings and windows of the Premises, the interior doors, Tenantfixtures or appurtenances. Any repairs or maintenance shall be completed by Landlord or Landlord’s signage, and the electrical, life-safety, plumbing located within the Premises and any HVAC serving only the Premises, and shall maintain the Premises, the fixtures, HVAC systems serving only the Premises, utilities systems or portions thereof serving only the Premises, and garbage enclosures, if any, for Tenant’s exclusive use outside the Premises, in a good, clean and safe condition. Tenant shall deliver to Landlord a copy contractors with materials of any maintenance contract entered into by Tenant with respect similar quality to the Premisesoriginal materials. Tenant Any such repairs or maintenance shall also, at Tenant’s expense, keep any non-standard heating, ventilating and air conditioning equipment and other non-standard equipment installed be performed only by Landlord or on behalf of Tenant in good condition and repair, using contractors or mechanics approved in advance, in writing, or designated 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. Notwithstanding Section 8.01 above, If Tenant fails to the extent that Landlord is not reimbursed by insurance and no waiver perform any of its obligations set forth in this Section 16.04 is applicable8.2 (beyond applicable notice and cure periods), Landlord may, in its sole discretion and upon 24 hours prior notice to Tenant (except without notice in the case of emergencies), perform the same, and Tenant shall pay to Landlord any costs or expenses incurred by Landlord upon demand. Notwithstanding the foregoing or anything in this Lease to the contrary, Tenant will pay for shall have no responsibility to perform or construct, any repairs to repair, maintenance or improvements (i) necessitated by the acts or omissions of Landlord, (ii) required as a consequence of any violation of any Laws or construction defects in the Premises, the Building or the Project which are caused by any negligence or willful and wrongful act, of Tenant or its assignees, subtenants or employees, or Property existing as of the respective agents Commencement Date and (iii) for which Landlord has a right 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, neat and sanitary conditionreimbursement from others.
Appears in 2 contracts
Samples: Lease (Transcept Pharmaceuticals Inc), Lease (Transcept Pharmaceuticals Inc)
Tenant’s Maintenance. (a) Subject to the provisions of Article Fourteen, Tenant shall, at Tenant’s 's sole cost and expense, maintain in good and clean condition, and make all repairs to the Premises (except for any maintenance and fixtures therein repair which Landlord is not expressly required to make pursuant to Section 8.01) to the following: (a) the Premises and fixtures therein, including repairs to the interior walls, ceilings any paint on the interior side of exterior walls, glass and windows of the Premises, all doors to the interior doorsPremises and all doors within the Premises; (b) the slab within the Premises, Tenant’s signagebut Tenant shall only be responsible for repair and repaving due to damage to or removal of any 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 any 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 slab; (c) the electrical, life-safetylighting, plumbing and heating, ventilating and air conditioning systems or other utilities to the extent located within or serving the Premises (including both standard and any HVAC serving only non-standard equipment); (d) the PremisesTruck Court, Tenant's Parking Area and shall maintain other area immediately surrounding the PremisesPremises (including all service-ways, the fixtures, HVAC systems serving only the Premises, utilities systems or portions thereof serving only loading docks and dock areas adjacent to the Premises, and garbage enclosuresenclosures 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 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 enter into contracts ("Service Contracts") for regularly scheduled inspections and preventive maintenance/service, with contractors, scope of work and frequency of inspection, maintenance or service, approved in writing by Landlord, in its reasonable discretion, for inspection, servicing and maintaining the following equipment and improvements, to the extent either located within or serving the Premises (including both standard and non-standard equipment)(but this obligation shall not apply to equipment, if any, for Tenant’s exclusive use outside which is located within the Premises but does not serve the Premises): heating, in a goodventilating and air conditioning systems and equipment, clean and safe conditionand, if requested by Landlord, of any other systems, equipment or improvements. Such service contracts shall provide for reports to Landlord by the contractors. Tenant shall deliver to Landlord a copy of the initial Service Contracts within sixty (60) days after the Commencement Date and any maintenance contract 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. Tenant , 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 alsohave the right (but shall not be obligated) to obtain such Service Contracts and to enter such areas and perform such maintenance, repairs or refurbishing at Tenant’s expense's sole cost and expense (including a sum for overhead to Landlord); provided, keep any nonhowever, if the nature of the maintenance or repair is such that it cannot, with the exercise of reasonable diligence, be completed within twenty-standard heatingtwo (22) days of Tenant's receipt of Landlord's notice, ventilating 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 air conditioning equipment thereafter diligently and other non-standard equipment installed by or 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 in good condition 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 repairinspect such areas for violations of Tenant's covenants herein. Tenant shall maintain written records of maintenance and repairs, using contractors approved in advanceand shall use certified technicians to perform such maintenance and repairs, in writing, as required by Landlord, which approval shall not be unreasonably withheldany applicable Law. Notwithstanding anything contained in Section 8.01 above8.01, but subject to the extent that Landlord is not reimbursed by insurance and no waiver waivers set forth in Section 16.04 is applicable16.04, Tenant will shall pay for any repairs to the Building or the Project which are caused by any the act, negligence or willful and wrongful act, carelessness 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, neat and sanitary condition.
Appears in 2 contracts
Samples: NNN Lease (United Natural Foods Inc), NNN Lease (United Natural Foods Inc)
Tenant’s Maintenance. (a) Subject to the provisions of Article Fourteen, Tenant shall, throughout the term, at Tenant’s 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 Premises and the improvements now or hereafter comprising all or any part of the Premises and the fixtures and appurtenances thereto (and the portion of the plumbing, heating, air conditioning, ventilating equipment and fixtures located in or affecting only the Premises) in good order, repair and condition. Tenant shall promptly, at Tenant's own cost and expense, make all repairs and replacements necessary to the Premises maintain such good order, repair and fixtures therein condition, except for repairs and replacements which Landlord is not required agrees 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, life-safety, plumbing located within the Premises and any HVAC serving only the Premises, and shall maintain the Premises, the fixtures, HVAC systems serving only the Premises, utilities systems or portions thereof serving only the Premises, and garbage enclosures, if any, for Tenant’s exclusive use outside the Premises, in a good, clean and safe conditionsubsection 6.2. Tenant shall deliver to Landlord a copy of any obtain, at its sole cost and expense, an annual maintenance contract entered into by Tenant with respect to the Premises. Tenant shall also, at Tenant’s expense, keep any non-standard for utility systems and heating, ventilating and air conditioning equipment and other non-standard equipment installed systems serving only the Premises. Tenant further agrees, at its sole cost and expense, to promptly repair all damage or injury to the 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 on behalf 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, using contractors approved including, but not limited to, periodic and customary maintenance thereof, and shall return the same to Landlord in advance, in writing, by Landlord, a condition which approval shall is at least as good as its state of repair on the date the work under Exhibit "C" has been completed other than reasonable wear and tear on the parking area and reasonable wear and tear on the loading docks which does not be unreasonably withheldmaterially and adversely affect the functioning thereof. Notwithstanding Section 8.01 abovethe foregoing, Tenant shall have no obligation to bring any physical aspect of the Premises or the Property into compliance with legal requirements to the extent that Landlord such aspect is not reimbursed in compliance on the date hereof; provided, however, that Tenant shall at all times remain responsible for compliance required by insurance reason of any change in law, by reason of any improvements made by Tenant or by reason of Tenant's particular use of the Property; and no waiver set forth provided further, however, that Sections 15 and 18 hereof shall control over any inconsistent language in Section 16.04 is applicablethis sentence. Notwithstanding anything to the contrary contained herein, Tenant will 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 repairs individual repair the cost of which exceeds $10,000. As to any individual repair the Building 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 Project which are caused by any negligence or willful and wrongful act, of Tenant or its assignees, subtenants or employees, or Amortized Portion of the respective agents of any cost of the foregoing personsrepair. 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 at the time the repair is made, or together with any exercised renewals divided by (ii) such period as is reasonably determined by Landlord to be the useful life of any other persons permitted such repair. In addition to and not in limitation of the Building or elsewhere forgoing, Landlord warrants the HVAC system to be in good working order as of the Project by Tenant or any Commencement Date, which warranty shall remain in effect for a period of them. Tenant will maintain one (1) year after the Premises, and will leave the Premises upon termination of this Lease, in a safe, clean, neat and sanitary conditionCommencement Date.
Appears in 1 contract
Samples: Brightpoint Inc
Tenant’s Maintenance. (a) Subject to the provisions of Article Fourteen, Tenant shall, at Tenant’s 's sole cost and expense, maintain and 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 's signage, and the electrical, life-safety, plumbing located within the Premises and any HVAC serving only the Premises, and shall maintain the Premises, the fixtures, HVAC systems serving only the Premises, utilities systems or portions thereof serving only the Premises, and garbage enclosures, if any, for Tenant’s exclusive use 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 Premises. Tenant shall also, at Tenant’s 's expense, keep any non-standard heating, ventilating and air conditioning equipment and other non-standard equipment installed by or on behalf of Tenant in good condition and repair, using contractors approved in advance, in writing, by Landlord, which approval shall not be unreasonably withheld. Notwithstanding Section 8.01 above, to the extent that Landlord is not reimbursed by insurance and no waiver set forth in Section 16.04 is applicable, Tenant will pay for any repairs to the Building or the Project which are caused by any negligence or 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, neat and sanitary condition.
Appears in 1 contract
Tenant’s Maintenance. (a) Subject to the provisions of Article Fourteen, Tenant shall, at Tenant’s 's sole cost and expense, maintain and 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 's signage, and the electrical, life-safetyplumbing and heating, plumbing located within ventilation and air conditioning systems exclusively serving the Premises and any HVAC serving only the Premises, and shall maintain the Premises, the fixtures, HVAC systems serving only the Premises, fixtures and utilities systems or portions thereof serving only the Premisestherein, and garbage enclosures, if any, for Tenant’s exclusive use 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 Premises. Tenant shall also, at Tenant’s 's expense, keep any non-standard heating, ventilating and air conditioning equipment and other non-standard equipment installed by or on behalf of Tenant in the Building in good condition and repair, using contractors approved in advance, in writing, by Landlord, which approval shall not be unreasonably withheld. Notwithstanding Section 8.01 above, but subject to the extent that Landlord is not reimbursed by insurance and no waiver waivers set forth in Section 16.04 is applicable16.04, 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, neat and sanitary condition. Notwithstanding the foregoing, Landlord shall perform and construct, and Tenant 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 Tenant shall pay the amortized portions of the cost thereof.
Appears in 1 contract
Samples: Lease (Argonaut Technologies Inc)
Tenant’s Maintenance. Tenant, at its expense, shall keep and maintain the Premises in good and sanitary condition, working order and repair (aincluding making any necessary replacements except for those replacements which are the responsibility of Landlord as provided in this Lease) Subject and in compliance with all applicable Laws including, but not limited to: (i) doors; (ii) loading docks serving the Premises; (iii) hoists and cranes; (iv) interior and exterior windows (Tenant shall promptly replace any broken glass with glass of the same kind, size and quality); (v) interior walls and interior portions of exterior walls; (vi) ceilings; (vii) floors (but not any subfloor); (viii) utility meters; (ix) pipes and conduits: (A) located inside of (or exclusively serving) the Premises from and after the point of connection to the provisions Premises; and (B) located outside of Article Fourteen, Tenant shall, at Tenant’s sole cost and expense, maintain and 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, life-safety, plumbing located within the Premises and any HVAC serving only the Premises, and shall maintain the Premises, the fixtures, HVAC systems serving only the Premises, utilities systems or portions thereof serving only the Premises, and garbage enclosures, if any, for Tenant’s exclusive use 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 Premises. Tenant shall also, at Tenant’s expense, keep any non-standard heating, ventilating and air conditioning equipment and other non-standard equipment are installed by or on behalf of Tenant; and (x) HVAC, electrical, lighting (including, without limitation, all light fixtures, tubes, bulbs and ballasts), plumbing and fire protection and other units, systems and equipment located inside or on (or exclusively serving) the Premises. Tenant shall perform all maintenance, repairs or replacements in good condition a good, workmanlike and repairlien-free manner, using contractors approved consistent with the quality of labor and materials used in advancethe initial build-out of the Premises and in accordance with all applicable Laws. If Tenant fails to make any maintenance, in writing, by Landlord, repairs or replacements to the Premises which approval is required of Tenant and such failure continues for more than fifteen (15) days after written notice from Landlord (although notice shall not be unreasonably withheldrequired if there is an emergency), then Landlord may itself make the required maintenance, repairs or replacements, and Tenant shall pay the cost of such maintenance, repairs or replacements to Landlord, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of such maintenance, repairs or replacements. Notwithstanding Section 8.01 aboveTenant shall permit no waste, damage or injury to the Premises, and shall initiate and carry out a program of regular maintenance and repair of the Premises including, but not limited to, the painting and refinishing of all areas so as to impede, to the extent that possible, deterioration by ordinary wear and tear, and to keep the same in substantially the same condition as existed on the Commencement Date. Notwithstanding the foregoing, Tenant shall make no alteration to or adjustment of the fire protection (sprinkler and alarm) systems, if any, without Landlord’s prior written consent. Notwithstanding anything in this Section 9(a) to the contrary, Landlord, at its sole option, may upon prior written notice to Tenant elect to engage its own contractor(s) to perform any or all of Tenant’s maintenance, repair and replacement obligations described in this Section 9(a), in which event: (A) Tenant’s maintenance, repair and replacement obligations herein shall be suspended during the applicable periods with respect to those maintenance, repair and replacement obligations performed by Landlord’s contractor; and (B) the cost of the maintenance, repair and replacement obligations performed by Landlord’s contractor shall be directly billed by Landlord to Tenant (if Landlord is not reimbursed performing such maintenance, repair and replacement obligations for tenants of the Property generally), or shall be included in Expenses (if Landlord is performing such maintenance, repair and replacement obligations for tenants of the Property generally). Landlord shall, at its cost and expense, be responsible for all repair and/or replacement (the necessity of which to be reasonably determined by insurance Landlord) to any HVAC, electrical and no waiver set forth in Section 16.04 is applicableplumbing equipment located inside or on (or exclusively serving) the Premises during the initial twelve (12) months of the Term. If, however, Tenant will pay for any repairs has not satisfied its obligations pursuant to the Building this Section 9(a) or the Project which are caused by any negligence Section 9(b) or 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 has otherwise defaulted in the Building or elsewhere in the Project by Tenant or any performance of them. Tenant will maintain the Premises, and will leave the Premises upon termination of its obligations under this Lease, in a safeor the negligence or misconduct of Tenant caused the need for such repair or replacement, cleanthen Tenant (and not Landlord) shall, neat at its cost and sanitary conditionexpense, be responsible for all repair and/or replacement to any such equipment during such initial 12-month period.
Appears in 1 contract
Samples: Lease Agreement (NEUROONE MEDICAL TECHNOLOGIES Corp)
Tenant’s Maintenance. (a) Subject By taking possession of the Premises, except with respect to the provisions of Article Fourteenany Landlord’s Work under this Lease, Tenant shallshall be deemed to have accepted the Premises “as is”, being in good, sanitary order, condition, and repair. The Tenant agrees that it will keep the Premises and the fixtures therein (including any carpet and other flooring material, paint and wall-coverings, doors, ceilings, interior surfaces of walls, any non-Building standard lighting fixtures, and any plumbing and other fixtures, alterations, improvements, systems and equipment within or exclusively serving the Premises, whether installed by Landlord or Tenant) in good order and condition and will replace any and all broken glass or other damaged personal property caused by Tenant, its officers, directors, shareholders, employees, agents, invitees, servants, licensees, visitors, guests, patrons, or customers, in and about the Building, damage 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, urinals, sinks, water fountains, window coverings, and other apparatus within the Premises. Tenant shall further, at Tenant’s sole cost and expense, maintain and make all repairs to keep the Premises and fixtures therein which Landlord is not every part thereof in compliance with applicable laws, codes and governmental regulation and as 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, life-safety, plumbing located within the Premises and any HVAC serving only the Premises, and shall maintain the Premises, the fixtures, HVAC systems serving only the Premises, utilities systems or portions thereof serving only the Premises, and garbage enclosures, if any, for Tenant’s exclusive use 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 Premises. Tenant shall also, at Tenant’s expense, keep any non-standard heating, ventilating and air conditioning equipment and under other non-standard equipment installed by or on behalf of Tenant in good condition and repair, using contractors approved in advance, in writing, by Landlord, which approval shall not be unreasonably withheld. Notwithstanding Section 8.01 above, to the extent that Landlord is not reimbursed by insurance and no waiver set forth in Section 16.04 is applicable, Tenant will pay for any repairs to the Building or the Project which are caused by any negligence or 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 provisions of this Lease, 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 repaired promptly by Tenant at its sole cost and expense. In the event that any repairs, maintenance or replacements are required, Tenant shall 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 generally uses at the Property for such work, or such other contractors as Landlord shall first reasonably approve in writing to perform such work, all in a safefirst class, cleanworkmanlike manner. Tenant shall promptly notify Landlord in writing concerning the necessity for any repairs or other work hereunder and upon completion thereof. In the event that the Tenant fails to comply with the foregoing provisions, neat and sanitary condition.after fifteen
Appears in 1 contract
Samples: Office Lease Agreement
Tenant’s Maintenance. (a) Subject to the provisions of Article Fourteen, Tenant shall, at Tenant’s 's sole cost and expense, maintain and 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 's signage, and the electrical, life-safety, plumbing located within the Premises and any HVAC serving only the Premises, and shall maintain the Premises, the fixtures, HVAC systems serving only the Premises, utilities systems or portions thereof serving only the Premises, and garbage enclosures, if any, for Tenant’s 's exclusive use 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 Premises. Tenant shall also, at Tenant’s 's expense, keep any non-standard heating, ventilating and air conditioning equipment and other non-standard equipment installed by or on behalf of Tenant in good condition and repair, using contractors approved in advance, in writing, by Landlord, which approval shall not be unreasonably withheld. Notwithstanding Section 8.01 above, to the extent that Landlord is not reimbursed by insurance and no waiver set forth in Section 16.04 is applicable, Tenant will pay for any repairs to the Building or the Project which are caused by any negligence or 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, neat and sanitary condition.
Appears in 1 contract
Samples: Lease (Exact Sciences Corp)