Common use of Tenant’s Maintenance Clause in Contracts

Tenant’s Maintenance. 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 Additions 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. Tenant shall not permit waste and shall bear the expense of the repair of all damage to the Premises and the replacement and repair all damaged or broken glass in the interior of the Premises, fixtures or appurtenances. Any repairs or maintenance shall be completed by Landlord or Landlord’s contractors with materials of similar quality to the original materials. Any such repairs or maintenance shall be performed only by Landlord or contractors or mechanics approved 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. If Tenant fails to perform any of its obligations set forth in this Section 8.2 (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 shall have no responsibility to perform or construct, any 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 Property existing as of the Commencement Date and (iii) for which Landlord has a right of reimbursement from others.

Appears in 2 contracts

Samples: Lease Agreement (Transcept Pharmaceuticals Inc), Lease Agreement (Transcept Pharmaceuticals Inc)

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Tenant’s Maintenance. Subject to Tenant has examined and inspected and knows the provisions condition of Section 8.1 above the Premises and Article Fourteen, Landlordevery part thereof and has received the same in good order and repair and accepts the same in its present condition. Tenant shall, at Tenant’s expense, shall 's sole cost and expense keep and maintain the Premises and every part thereof, including, but not limited to, all Tenant Additions Tenant's personal property, storefronts, plate glass, signs, windows, heating and air condition systems in good order, condition and repair repair, damage thereto from causes beyond the reasonable control of Tenant and in accordance with all Laws ordinary wear and Environmental Laws, subject to Section 7.1 abovetear excepted. Tenant shall provide regular janitorial services shall, upon the expiration or sooner termination of the hereof, surrender the Premises to the PremisesLandlord as improved by Tenant, ordinary wear and tear excepted. If, at Tenant’s sole cost and expense. Tenant any time, Premises shall not permit waste and shall bear the expense of the repair of all damage to the Premises and the replacement and repair all damaged or broken glass in the interior of the Premises, fixtures or appurtenances. Any repairs or maintenance shall be completed by Landlord or Landlord’s contractors with materials of similar quality to the original materials. Any such repairs or maintenance shall be performed only by Landlord or contractors or mechanics approved 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. If Tenant fails to perform any of its obligations set forth in this Section 8.2 (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 contraryfall into disrepair, Tenant shall have thirty (30) days from the date of receipt of written notice of such disrepair from Landlord to make the necessary repairs to place the Premises in good condition. If said repairs are not completed within said thirty (30) day period, Landlord may enter the Premises and begin to complete the necessary repairs and Tenant agrees to immediately reimburse Landlord for the cost of said repairs upon presentation by Landlord to Tenant a xxxx for said repairs. Landlord shall have no responsibility obligation to perform or constructmaintain, any alter, remodel, improve, repair, maintenance decorate or improvements (i) necessitated by paint the acts Premises or omissions of Landlordany, (ii) required as a consequence of any violation of any Laws or construction defects part thereof and the parties hereto affirm that Landlord has made no representations to Tenant in the Premises, the Building or the Property existing as respect of the Commencement Date and (iii) for which Landlord has a right condition of reimbursement from othersthe Premises except as specifically set forth herein.

Appears in 2 contracts

Samples: Lease Agreement (Global Food Technologies, Inc.), Lease Agreement (Global Food Technologies, Inc.)

Tenant’s Maintenance. Tenant shall, at its own cost and expense, keep and maintain all parts of the Premises (except those listed as Landlord's responsibility in Paragraph 5.1 above) in good and sanitary condition, promptly making all necessary repairs and replacements, including but not limited to, windows, glass and plate glass, doors, any special store front or office entry, interior walls and finish work, floors and floor covering, the Building Operating Systems (and any extensions, additions or improvements thereto), dock boards, truck doors, dock bumpers, dock plates, fixtures, termite and pest extermination, and regular removal of trash and debris; provided, however, that the parties hereto agree that Tenant's obligations under this Paragraph 7.1 shall not reduce or excuse Landlord's obligations to deliver the Premises to Tenant in the condition required pursuant to Paragraph 1.3.1, above. Subject to Landlord's obligations under Section 5.1, above, Tenant shall maintain, repair (including renovation, restoration, replacement, and refurbishment) and operate the provisions Premises, including but not limited to, mowing grass and general landscaping, maintenance of Section 8.1 above parking areas, driveways and Article Fourteenalleys, parking lot sweeping, paving and restriping, exterior lighting, pest control and window washing. If Tenant shall fail to perform any maintenance or make any repair for which Tenant is responsible within ten (10) business days following notice from Landlord requiring the same, Landlord and its agents and contractors shall have the right, but not the obligation, to enter upon the Premises and perform such maintenance or repairs, the full cost of which shall be deemed to be Rent and shall be due and payable by Tenant to Landlord immediately upon demand. In the case of emergency, Landlord, at Tenant’s expense, shall keep its agents and maintain contractors may enter upon the Premises and all to perform such maintenance or repairs without the necessity of prior notice to Tenant. Tenant Additions in good order, condition and repair and shall maintain its trash receptacles at the Premises. Repairs made by Tenant pursuant to this Paragraph 6 shall be made in accordance with all Laws and Environmental Applicable Laws, subject to Section 7.1 above. Tenant shall provide regular janitorial services to the Premises, at Tenant’s sole cost and expense. Tenant shall not permit waste and shall bear the expense of the repair of all damage to the Premises and the replacement and repair all damaged or broken glass in the interior of the Premises, fixtures or appurtenances. Any repairs or maintenance shall be completed by Landlord or Landlord’s contractors with materials of similar quality to the original materials. Any such repairs or maintenance shall be performed only by Landlord or contractors or mechanics approved 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. If Tenant fails to perform any of its obligations set forth in this Section 8.2 (beyond applicable notice and cure periods), Landlord may, in its sole discretion and upon 24 hours prior notice to Tenant (except including 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 shall have no responsibility to perform or construct, any 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 Premiseslimitation, the Building or the Property existing as of the Commencement Date and (iii) for which Landlord has a right of reimbursement from othersADA.

Appears in 1 contract

Samples: Lease Agreement (Emerson Radio Corp)

Tenant’s Maintenance. Subject to the provisions of Section 8.1 above and Article Fourteen, Landlord, at Tenant’s expense, shall Tenant will keep and maintain the Premises and all Tenant Additions (except to the extent otherwise provided herein that such maintenance is Landlord’s obligation (e.g. Building standard fire protection equipment)), in reasonably good order, condition and repair consistent with first class office, broadcast and in accordance with all Laws data center standards, normal wear and Environmental Laws, subject to Section 7.1 abovetear and casualty or other damage that is not otherwise Tenant’s obligation under this Lease excepted. Tenant shall provide regular janitorial services to the PremisesTenant’s maintenance and repair obligations may, at Tenant’s sole cost election, include security, janitorial and expense. Tenant cleaning services and supplies for the Premises, but shall not permit waste include the following, which shall be maintained by Landlord: the Building fire alarm system, the Building fire protection system, the Building-wide security system, power generation, and shall bear HVAC systems (including the expense of the repair of all damage to the Premises chilled water piping and the replacement connection between chilled water piping and repair all damaged or broken glass Tenant’s HVAC system). Except as otherwise expressly agreed upon in Article 9 below, upon the interior permanent vacation by Tenant of the Premises, Tenant may, at its option, remove all affixed appurtenances installed by or for the benefit of Tenant, including but not limited to fixtures or appurtenances. Any repairs or maintenance shall be completed and broadcast communication and computer equipment installed by Landlord or Landlord’s contractors with materials of similar quality to the original materials. Any such repairs or maintenance shall be performed only by Landlord or contractors or mechanics approved or designated by Landlord, which approval shall not be unreasonably withheldTenant, and whose work will not cause or threaten to cause disharmony or interference with Landlord shall surrender the Premises in the condition present at the Commencement Date, excepting only normal wear and tear and casualty or other tenants in the Building and their respective agents and contractors performing work in or about the Building. If Tenant fails to perform any of its obligations set forth in damage that is not otherwise Tenant’s obligation under this Section 8.2 (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 demandLease. Notwithstanding the foregoing or anything in any other provisions of this Lease to the contrary, Tenant shall have no responsibility not be required to perform remove the Premises flooring tiles, floor, interior or constructoffice build out,internal stairways, or tenant improvements affixed to the Premises. Tenant shall, at its own expense, replace any repairbroken or damaged interior glass, maintenance or improvements (i) necessitated by windows, doors, locks, jambs and partition walls, and such replacement items shall be of the acts or omissions of Landlord, (ii) required same quality and design as a consequence of any violation of any Laws or construction defects those installed in the Premises, the Building or the Property existing Premises as of the Commencement Date and Date. Notwithstanding the foregoing, Landlord shall be responsible, at Landlord’s sole expense, for repairing all latent defects in the Premises (iiiother than those that are a part of the improvements installed by Tenant) for which Landlord has a right during the Lease Term (including any holdover period), even if Tenant had otherwise agreed in this Section 8.3 to maintain the affected portion of reimbursement from othersthe Premises.

Appears in 1 contract

Samples: Lease Agreement (Fisher Communications 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 Additions 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 Premisesshall, at Tenant’s sole cost and expense. Tenant shall not permit waste , maintain and shall bear the expense of the repair of make all damage repairs to the Premises and the replacement and repair all damaged or broken glass in 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, fixtures 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 appurtenancesportions 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. Any repairs or Tenant shall deliver to Landlord a copy of any maintenance shall be completed contract entered into by Landlord or Landlord’s contractors Tenant with materials of similar quality respect to the original materialsPremises. Any such repairs 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 maintenance shall be performed only by Landlord or on behalf of Tenant in good condition and repair, using contractors or mechanics approved or designated 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 whose work no waiver set forth in Section 16.04 is applicable, Tenant will not cause pay for any repairs to the Building or threaten to cause disharmony the Project which are caused by any negligence or interference with Landlord 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 tenants persons permitted in the Building and their respective agents and contractors performing work or elsewhere in the Project by Tenant or about the Building. If Tenant fails to perform any of its obligations set forth them. Tenant will maintain the Premises, and will leave the Premises upon termination of this Lease, in this Section 8.2 a safe, clean, neat and sanitary condition. (beyond applicable notice b) With respect to HVAC, Tenant, at Tenant’s sole cost and cure periods)expense, Landlord mayshall enter into contracts (“HVAC Service Contracts”) for regularly scheduled inspections and preventive maintenance and service, as to which the contractors, scope of work, frequency of inspection, maintenance or service, shall be subject to Landlord’s prior written approval, in its sole discretion and upon 24 hours prior notice to Tenant (except without notice in the case of emergencies), perform the same, and discretion. Tenant shall pay cause the contractor for such HVAC Service Contracts to deliver written reports to Landlord any costs or expenses incurred by Landlord upon demandwithin ten (10) days after the date of such inspection, maintenance and/or service. Notwithstanding the foregoing or anything in this Lease to the contrary, Tenant shall have no responsibility deliver to perform or construct, any repair, maintenance or improvements Landlord a copy of the initial HVAC Service Contracts within sixty (i60) 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 Property existing as of days after the Commencement Date and of subsequent HVAC Service Contracts entered into by Tenant within ten (iii10) days after execution thereof (which subsequent HVAC Service Contracts shall be subject to the same approval standards and requirements as set forth above with respect to the initial contract). In the event Tenant fails, in the reasonable judgment of Landlord, to meet the requirements for such HVAC Service Contracts and cause such inspections, maintenance and service to be performed, which failure continues at the end of fifteen (15) days following written notice given by Landlord has a stating the nature of the failure, Landlord shall have the right (but shall not be obligated) to obtain such HVAC Service Contracts and to enter the Premises and perform such inspection, maintenance and service, at Tenant’s sole cost and expense; provided, however, if the nature of the maintenance or repair is such that it cannot, with the exercise of reasonable diligence, be completed within fifteen (15) days of Tenant’s receipt of Landlord’s notice, Landlord shall not undertake such inspection, maintenance and service at Tenant’s expense provided Tenant commences such inspection, maintenance and service in the manner required above within said 15-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 inspection, maintenance, service and/or repairs on behalf of Tenant at Tenant’s sole cost and expense after giving Tenant such notice, if any, as is reasonable under the circumstances. Landlord’s right of reimbursement from othersentry pursuant to Section 7.03 shall include the right to enter and inspect the Premises for violations of Tenant’s covenants herein. Tenant shall maintain written records of HVAC inspection, maintenance, service repairs, and shall use certified technicians approved in writing by Landlord to perform such maintenance and repairs.

Appears in 1 contract

Samples: Lease Agreement (Genomic Health Inc)

Tenant’s Maintenance. Subject to the provisions of Section 8.1 above and Article Fourteen, LandlordThe Tenant shall, at the Tenant’s 's sole cost and expense, shall keep and maintain the Premises and all Tenant Additions in good order, condition and repair repair, and in accordance shall suffer no waste with all Laws and Environmental Laws, subject to Section 7.1 aboverespect thereto. The Tenant shall provide regular janitorial services to the Premisesshall, at the Tenant’s 's sole cost and expense, make all needed repairs and replacements, ordinary and extraordinary, including, but not limited to replacement of cracked or broken glass, and shall keep the plumbing units, pipes, and connections free from obstruction and protected against ice and freezing. The Tenant shall not permit waste replace or repair, at the Tenant's sole cost and shall bear the expense expense, any damage caused to any portion of the repair Property, the Building, or any other Improvement by the Tenant, its employees, contractors, representatives, or invitees. All repairs by the Tenant shall be at the Tenant's sole expense, under the Landlord's supervision. These repairs and replacements will be of all damage a quality equal to the Premises and original work. Although the replacement and repair all damaged Landlord shall have no duty or broken glass in obligation to notify the interior Tenant of the Premisesneeded repairs or maintenance, fixtures or appurtenances. Any if any repairs or maintenance shall required to be completed made by Landlord or Landlord’s contractors with materials of similar quality the Tenant hereunder are not made within ten (10) days after written notice delivered to the original materials. Any Tenant by the Landlord designating the need for such repairs or maintenance shall be performed only by Landlord or contractors or mechanics approved or designated by Landlordmaintenance, 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 fails to perform any of its obligations set forth in this Section 8.2 (beyond applicable notice and cure periods), Landlord may, in at its sole discretion and upon 24 hours prior notice to Tenant (except without notice in the case of emergencies)option, perform the samemake such repairs, and the Tenant shall pay to Landlord any costs or expenses incurred by Landlord the Landlord, upon demand. Notwithstanding , as additional rent hereunder, the foregoing or anything in this Lease cost of such repairs plus fifteen percent (15%) as an administration fee to the contraryLandlord. At the expiration of this Lease, the Tenant shall have no responsibility to perform or construct, any repair, maintenance or improvements (i) necessitated by surrender the acts or omissions of Landlord, (ii) required as a consequence of any violation of any Laws or construction defects Premises in the same condition in which they existed at the commencement of this Lease, reasonable wear excepted, and shall surrender all keys for the Premises to the Landlord and shall inform the Landlord of all combinations on locks, safes, and vaults, if any, in or upon the Premises, the Building or the Property existing as of the Commencement Date and (iii) for which Landlord has a right of reimbursement from others.

Appears in 1 contract

Samples: Lease Agreement (Clyde Companies Inc)

Tenant’s Maintenance. (a) Subject to the provisions of Section 8.1 above and Article Fourteen, LandlordTenant shall, at Tenant’s expense, shall keep and maintain the Premises and all Tenant Additions 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 's sole cost and expense. Tenant shall not permit waste , maintain and shall bear the expense of the repair of make all damage repairs to the Premises and the replacement and repair all damaged or broken glass in 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, fixtures 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 appurtenancesportions 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. Any repairs or Tenant shall deliver to Landlord a copy of any maintenance shall be completed contract entered into by Landlord or Landlord’s contractors Tenant with materials of similar quality respect to the original materialsPremises. Any such repairs 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 maintenance shall be performed only by Landlord or on behalf of Tenant in good condition and repair, using contractors or mechanics approved or designated 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 whose work no waiver set forth in Section 16.04 is applicable, Tenant will not cause pay for any repairs to the Building or threaten to cause disharmony the Project which are caused by any negligence or interference with Landlord 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 tenants persons permitted in the Building and their respective agents and contractors performing work or elsewhere in the Project by Tenant or about the Building. If Tenant fails to perform any of its obligations set forth them. Tenant will maintain the Premises, and will leave the Premises upon termination of this Lease, in this Section 8.2 a safe, clean, neat and sanitary condition. (beyond applicable notice b) With respect to HVAC, Tenant, at Tenant's sole cost and cure periods)expense, Landlord mayshall enter into contracts ("HVAC Service Contracts") for regularly scheduled inspections and preventive maintenance and service, as to which the contractors, scope of work, frequency of inspection, maintenance or service, shall be subject to Landlord's prior written approval, 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 discretion. If requested by Landlord upon demand. Notwithstanding the foregoing or anything in this Lease to the contraryLandlord, Tenant shall have no responsibility cause the contractor for such HVAC Service Contracts to perform deliver written reports or constructservice records, any repairas applicable, to Landlord within ten (10) days after the date of such inspection, maintenance or improvements and/or service. Tenant shall deliver to Landlord a copy of the initial HVAC Service Contracts within sixty (i60) 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 Property existing as of days after the Commencement Date and of subsequent HVAC Service Contracts entered into by Tenant within ten (iii10) days after execution thereof (which subsequent HVAC Service Contracts shall be subject to the same approval standards and requirements as set forth above with respect to the initial contract). In the event Tenant fails, in the reasonable judgment of Landlord, to meet the requirements for such HVAC Service Contracts and cause such inspections, maintenance and service to be performed, which failure continues at the end of fifteen (15) days following written notice given by Landlord has a stating the nature of the failure, Landlord shall have the right (but shall not be obligated) to obtain such HVAC Service Contracts and to enter the Premises and perform such inspection, maintenance and service, at Tenant's sole cost and expense; provided, however, if the nature of the maintenance or repair is such that it cannot, with the exercise of reasonable diligence, be completed within fifteen (15) days of Tenant's receipt of Landlord's notice, Landlord shall not undertake such inspection, maintenance and service at Tenant's expense provided Tenant commences such inspection, maintenance and service in the manner required above within said 15-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 inspection, maintenance, service and/or repairs on behalf of Tenant at Tenant's sole cost and expense after giving Tenant such notice, if any, as is reasonable under the circumstances. Landlord's right of reimbursement from othersentry pursuant to Section 7.03 shall include the right to enter and inspect the Premises for violations of Tenant's covenants herein. Tenant shall maintain written records of HVAC inspection, maintenance, service repairs, and shall use certified technicians approved in writing by Landlord to perform such maintenance and repairs.

Appears in 1 contract

Samples: Lease Agreement (Exact Sciences Corp)

Tenant’s Maintenance. Subject to the provisions of Section 8.1 above and Article Fourteen, Landlord, at Tenant’s expense, shall Tenant will keep and maintain the Premises and all Tenant Additions (except to the extent otherwise provided herein that such maintenance is Landlord’s obligation (e.g. Building standard fire protection equipment)), in reasonably good order, condition and repair consistent with first class office, broadcast and in accordance with all Laws data center standards, normal wear and Environmental Laws, subject to Section 7.1 abovetear and casualty or other damage that is not otherwise Tenant’s obligation under this Lease excepted. Tenant shall provide regular janitorial services to the PremisesTenant’s maintenance and repair obligations may, at Tenant’s sole cost election, include security, janitorial and expense. Tenant cleaning services and supplies for the Premises, but shall not permit waste include the following, which shall be maintained by Landlord: the Building fire alarm system, the Building fire protection system, the Building-wide security system, power generation, and shall bear HVAC systems (including the expense of the repair of all damage to the Premises chilled water piping and the replacement connection between chilled water piping and repair all damaged or broken glass Tenant’s HVAC system). Except as otherwise expressly agreed upon in Article 9 below, upon the interior permanent vacation by Tenant of the Premises, Tenant may, at its option, remove all affixed appurtenances installed by or for the benefit of Tenant, including but not limited to fixtures or appurtenances. Any repairs or maintenance shall be completed and broadcast communication and computer equipment installed by Landlord or Landlord’s contractors with materials of similar quality to the original materials. Any such repairs or maintenance shall be performed only by Landlord or contractors or mechanics approved or designated by Landlord, which approval shall not be unreasonably withheldTenant, and whose work will not cause or threaten to cause disharmony or interference with Landlord shall surrender the Premises in the condition present at the Commencement Date, excepting only normal wear and tear and casualty or other tenants in the Building and their respective agents and contractors performing work in or about the Building. If Tenant fails to perform any of its obligations set forth in damage that is not otherwise Tenant’s obligation under this Section 8.2 (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 demandLease. Notwithstanding the foregoing or anything in any other provisions of this Lease to the contrary, Tenant shall have no responsibility not be required to perform remove the Premises flooring tiles, floor, interior or constructoffice build out, internal stairways, or tenant improvements affixed to the Premises. Tenant shall, at its own expense, replace any repairbroken or damaged interior glass, maintenance or improvements (i) necessitated by windows, doors, locks, jambs and partition walls, and such replacement items shall be of the acts or omissions of Landlord, (ii) required same quality and design as a consequence of any violation of any Laws or construction defects those installed in the Premises, the Building or the Property existing Premises as of the Commencement Date and Date. Notwithstanding the foregoing, Landlord shall be responsible, at Landlord’s sole expense, for repairing all latent defects in the Premises (iiiother than those that are a part of the improvements installed by Tenant) for which Landlord has a right during the Lease Term (including any holdover period), even if Tenant had otherwise agreed in this Section 8.3 to maintain the affected portion of reimbursement from othersthe Premises.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Fisher Communications Inc)

Tenant’s Maintenance. Subject to Save and except for Landlord’s Extraordinary Repair Obligations during the provisions first thirty six (36) months of Section 8.1 above and Article Fourteenthe initial Term only (but for greater certainty, Landlordno Extension Terms), at Tenant’s expenseTenant shall, shall keep and maintain during the Premises and all Tenant Additions 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 Premisesentire Term, at Tenant’s sole cost and expense, maintain and repair, and make all necessary replacements in order to keep the Tenant Space in good order and in a clean and safe condition (and in at least as good order and clean condition as when Tenant took possession), ordinary wear and tear (provided said ordinary wear and tear does not result in a state of disrepair) and damage due to Casualty (other than damages for which restoration would be required to be consistent with the Casualty Restoration Standard under Article 9 hereof), excepted. To the extent such Tenant shall not permit waste and shall bear the expense maintenance, repairs and/or replacements are covered by warranties or indemnities of the repair of all damage to the Premises and the replacement and repair all damaged or broken glass in the interior of the Premises, fixtures or appurtenances. Any repairs or maintenance shall be completed by Landlord or Landlord’s contractors contractors, subcontractors, suppliers and/or manufacturers, Landlord shall at no cost or expense to Landlord use commercially reasonable efforts to assign (if assignable) such warranties and indemnities to Tenant and Landlord shall at Tenant’s sole cost and expense cooperate with materials of similar quality Tenant’s efforts to the original materials. Any enforce any such repairs warranties or maintenance shall be performed only by Landlord or contractors or mechanics approved 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 Buildingindemnities. If Tenant fails to perform any its covenants of its obligations set forth maintenance and repair hereunder, and if such failure shall continue after written notice to Tenant and thirty (30) days for Tenant to cure such failure (or such additional time as may be reasonably required to effectuate such cure so long as Tenant is diligently pursuing such cure to completion, unless it is an emergency, in this Section 8.2 (beyond applicable notice which case, the matter must be immediately contained at Tenant’s sole cost and cure periodsexpense), then Landlord may, in its sole discretion and upon 24 hours prior notice to Tenant (except without notice in the case of emergencies)but shall not be obligated to, perform the sameall necessary or appropriate maintenance, repairs and/or replacements and any third party out-of-pocket amounts reasonably expended by Landlord in connection therewith, plus an administrative charge of fifteen percent (15%) of such amounts, shall be reimbursed by 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 shall have no responsibility to perform or construct, any repair, maintenance or improvements (i) necessitated by the acts or omissions of as Additional Rent after Landlord, (ii) required as a consequence of any violation of any Laws or construction defects in the Premises, the Building or the Property existing as of the Commencement Date and (iii) for which Landlord has a right of reimbursement from others’s demand therefor.

Appears in 1 contract

Samples: Lease Agreement (Equinix Inc)

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Tenant’s Maintenance. Subject to the provisions of Section 8.1 above and Article Fourteen, LandlordTenant shall, at Tenant’s 's sole cost and expense, shall keep and maintain the Premises in good order and repair, including, without limitation, the roof, outside wall surfaces (including that if the Landlord reasonably determines that the Building requires painting during the initial seven (7) year Term, Tenant shall pay for the cost of painting the Building; provided, however, that in the event that Tenant does not exercise any option to extend this Lease, the Landlord shall reimburse the Tenant for half the cost of painting the Building at the expiration of the initial seven (7) year Term, foundation and subfloors (to the extent such maintenance or repair is required as a result of Tenant's activities in the Building), floor coverings, the electrical, plumbing and HVAC systems, any and all non-structural alterations and additions made by Landlord or Tenant Additions pursuant to the provisions hereof, all walks, driveways, parking and loading areas, lawns and landscaping, fences and signs located in the areas which are adjacent to or included with the Premises, in all respects in good repair and in a clean and safe condition. 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 repair, and the cost thereof together with interest thereon at the rate of ten percent (10%) per annum, or the maximum legal rate if the rate of ten percent (10%) per annum is usurious, 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 accordance with all Laws and Environmental Lawsfailing to perform the same. Landlord may, subject to Section 7.1 above. Tenant shall provide regular janitorial services to during the progress of any such work in or on the Premises, at Tenant’s sole cost keep and expensestore therein all necessary materials, tools, supplies and equipment. Tenant Landlord shall not permit waste and shall bear be liable for the expense inconvenience, annoyance, disturbance, loss of the repair business or other damage of all damage to the Premises and the replacement and repair all damaged or broken glass in the interior Tenant by reason of the Premises, fixtures or appurtenances. Any repairs or maintenance shall be completed by Landlord or Landlord’s contractors with materials of similar quality to the original materials. Any making such repairs or maintenance shall be performed only by Landlord the performance of any such work, or contractors on account of bringing materials, tools, supplies or mechanics approved equipment into or designated by Landlordthrough the Premises during the course thereof, which approval and the obligations of Tenant under this Lease shall not be unreasonably withheldaffected thereby, and whose work will not cause or threaten except to cause disharmony or interference with Landlord the extent such inconvenience, annoyance, disturbance, loss of business or other tenants in the Building and their respective agents and contractors performing work in or about the Building. If Tenant fails to perform any of its obligations set forth in this Section 8.2 (beyond applicable notice and cure periods), Landlord may, in its sole discretion and upon 24 hours prior notice damage to Tenant (except without notice in results from the case of emergencies), perform the same, and Tenant shall pay to Landlord any costs willful misconduct or expenses incurred by Landlord upon demand. Notwithstanding the foregoing or anything in this Lease to the contrary, Tenant shall have no responsibility to perform or construct, any repair, maintenance or improvements (i) necessitated by the acts or omissions negligence of Landlord, (ii) required as a consequence of any violation of any Laws or construction defects in the Premises, the Building or the Property existing as of the Commencement Date and (iii) for which Landlord has a right of reimbursement from others.

Appears in 1 contract

Samples: Industrial Lease (Catalytica Energy Systems Inc)

Tenant’s Maintenance. Subject to the provisions of Section 8.1 above and Article Fourteen, LandlordTenant, at Tenant’s its expense, shall keep and maintain the Premises and all systems and items located therein that exclusively serve the Premises, and all Tenant Additions in good order, condition and repair (reasonable wear and tear and damage caused by fire or other casualty excepted) 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. Tenant shall not permit waste and shall bear the expense of the promptly and adequately repair of all damage damages to the Premises and the replacement and replace or repair all damaged or broken glass in the interior of the Premises, fixtures or appurtenancesappurtenances unless caused by the negligence of Landlord or its agents or representatives provided, however, Landlord agrees to credit Tenant with any insurance proceeds paid to Landlord or which would have been payable to Landlord had Landlord maintained the insurance required to be maintained by Landlord under the terms and conditions of this Lease. Any repairs or maintenance shall be completed by Landlord or Landlord’s contractors with materials of similar quality to the original materials, all such work to be completed under the supervision of Landlord. Any such repairs or maintenance shall be performed only by Landlord or contractors or mechanics approved or designated 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 fails to perform any of its obligations set forth in this Section 8.2 (beyond applicable notice and cure periods)8.02, Landlord may, in its sole discretion and upon 24 hours one (1) business day prior notice to Tenant (except without notice in the case of emergencies), perform the same, and Tenant shall pay to Landlord any reasonable costs or expenses incurred by Landlord upon within 30 days after demand. Notwithstanding the foregoing or anything in this Lease to the contrary, Tenant shall have no responsibility to perform or construct, any 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 Property existing as of the Commencement Date and (iii) for which Landlord has a right of reimbursement from others.

Appears in 1 contract

Samples: Office Lease (Professional Detailing Inc)

Tenant’s Maintenance. Subject to During the provisions Term of Section 8.1 above and Article Fourteenthis Lease, Landlord, at Tenant’s expense, shall keep and maintain the Premises and all Tenant Additions 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 Premisesshall, at Tenant’s sole cost and expense. , repair, maintain and make any necessary replacements (for which the decision of whether any component should be repaired or replaced shall, except in connection with Landlord’s self-help right, described below in this Section 7.2, be made by Tenant shall not permit waste in Tenant’s sole and shall bear absolute discretion) with respect to the expense Tenant Space (which includes, for such purposes, the membrane of the repair of Roof), the Building’s elevator, and all damage to Building Systems (other than any Building Systems that exclusively serve the Premises 2020 Parking Garage), and the replacement Restricted Common Areas, in good order and repair all damaged or broken glass in a clean and safe condition (and in at least as good order and clean condition as when Tenant took possession), ordinary wear and tear, and damage due to Casualty and Taking (other than damages for which restoration would be required to be consistent with the interior Casualty Restoration Standard – Tenant under Article 8 hereof) excepted. The areas of the PremisesProperty for which Tenant is assigned the obligation to repair and maintain, fixtures or appurtenances. Any repairs or maintenance shall be completed by Landlord or Landlordpursuant to this Section 7.2, are referred to herein as “Tenant’s contractors with materials of similar quality to the original materials. Any such repairs or maintenance shall be performed only by Landlord or contractors or mechanics approved 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. Repair Obligations.” If Tenant fails to perform any its covenants of its obligations set forth in this Section 8.2 maintenance and repair hereunder, and if such failure shall continue after written notice to Tenant and thirty (beyond applicable notice and 30) days for Tenant to cure periodssuch failure (or such additional time as may be reasonably required for Tenant to effectuate such cure), then Landlord may, in its sole discretion and upon 24 hours prior notice to Tenant (except without notice in the case of emergencies)but shall not be obligated to, perform the sameall necessary or appropriate maintenance and repair, and any third-party out-of-pocket amounts reasonably expended by Landlord in connection therewith, plus an administrative charge of five percent (5%) of such amounts, shall be reimbursed by 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 shall have no responsibility to perform or construct, any repair, maintenance or improvements as Additional Rent within thirty (i30) necessitated by the acts or omissions of days after Landlord, (ii) required as a consequence of any violation of any Laws or construction defects in the Premises, the Building or the Property existing as of the Commencement Date and (iii) for which Landlord has a right of reimbursement from others’s demand therefor.

Appears in 1 contract

Samples: Lease Agreement (Equinix Inc)

Tenant’s Maintenance. Subject to the provisions Except as expressly provided as Landlord’s obligation in Section 15(b) of Section 8.1 above and Article Fourteenthis Lease, Landlord, at Tenant’s expense, Tenant shall keep and maintain the Premises and all Tenant Additions in good order, condition and repair (subject to normal wear and tear and damage due to casualty resulting in termination of this Lease) and in accordance compliance with Landlord’s reasonable sustainability practices. All damage or injury to the Premises resulting from the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of the Premises, shall be promptly repaired by Tenant at its sole cost and expense (except to the extent covered by insurance, to the satisfaction of Landlord; provided, however, that for damage to the Premises as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems of the Premises, Landlord shall have the right (but not the obligation) to select the contractor and oversee all Laws and Environmental Laws, subject such repairs. Subject to Section 7.1 15(b), Landlord may make any repairs which are not promptly made by Tenant after Tenant’s receipt of written notice and the reasonable opportunity of Tenant to make said repair within fifteen (15) business days from receipt of said written notice, and charge Tenant for the cost thereof, which cost shall be paid by Tenant within thirty (30) days from invoice from Landlord, unless stated differently in sections 15(a)(b) above. Tenant shall provide regular janitorial services to be responsible for the Premises, at Tenant’s sole cost design and expense. Tenant shall not permit waste and shall bear the expense of the repair function of all damage to the Premises and the replacement and repair all damaged or broken glass in the interior non-standard improvements of the Premises, fixtures whether or appurtenances. Any repairs or maintenance shall be completed not installed by Landlord or Landlordat Tenant’s contractors with materials of similar quality request. Tenant waives all rights to make repairs at the original materials. Any such repairs or maintenance shall be performed only by Landlord or contractors or mechanics approved 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. If Tenant fails to perform any of its obligations set forth in this Section 8.2 (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 shall have no responsibility to perform or construct, any repair, maintenance or improvements (i) necessitated by the acts or omissions expense of Landlord, (ii) required as a consequence of any violation of any Laws or construction defects in to deduct the Premises, cost thereof from the Building or the Property existing as of the Commencement Date and (iii) for which Landlord has a right of reimbursement from othersrent.

Appears in 1 contract

Samples: Industrial Real Estate Lease (Galaxy Gaming, Inc.)

Tenant’s Maintenance. Subject 11.1 Except for the work to be done by LANDLORD pursuant to Exhibit B, TENANT agrees to accept the provisions demised premises and adjoining land area in the condition existing on the date of Section 8.1 above this Lease. During the term hereof TENANT shall keep and Article Fourteenmaintain all of the demised Premises, Landlordin the same condition the same are in at the time of the letting, at Tenant’s expenseor which may thereafter be put in during the continuance of the term, reasonable wear and use, damage by fire or other unavoidable casualty excepted, and TENANT shall keep and maintain the Premises and all Tenant Additions 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. Tenant shall not permit waste and shall bear the expense of the repair of all damage to the Premises and the replacement and repair all damaged or broken glass in the interior of the Premisespremises in neat and clean condition. In furtherance thereof, fixtures or appurtenancesTENANT shall perform ordinary maintenance to interior walls, floors, ceilings, plumbing, electrical, air conditioning and HVAC system, ventilating and heating units servicing the demised premises, except the furnace. Any repairs or maintenance Furthermore,TENANT shall be completed responsible for capital replacements of any element of heating, ventilation and air conditioning systems costing less than ONE THOUSAND ($1000.00) dollars. 11.2 If repairs are required to be made by Landlord or Landlord’s contractors with materials of similar quality the TENANT pursuant to the original materials. Any terms hereof, LANDLORD may demand that the TENANT make the same forthwith in case of emergency, and as soon as reasonably possible in all other cases, and if the TENANT refuses or neglects to commence such repairs or maintenance shall be performed only by Landlord or contractors or mechanics approved or designated by Landlordand complete the same with reasonable dispatch after such demand, which approval the LANDLORD may (but shall not be unreasonably withheldrequired to do so) make or cause such repairs to be made and shall not be responsible to the TENANT for any loss or damage that may accrue to TENANT'S stock or business by reason thereof, and whose work will not cause if the LANDLORD makes or threaten causes such repairs to cause disharmony or interference with Landlord or other tenants in be made, the Building and their respective agents and contractors performing work in or about TENANT agrees that TENANT will, forthwith, on demand pay to the Building. If Tenant fails to perform any of its obligations set forth in this Section 8.2 (beyond applicable notice and cure periods), Landlord may, in its sole discretion and upon 24 hours prior notice to Tenant (except without notice in LANDLORD the case of emergencies), perform the samereasonable cost thereof, and Tenant if it shall pay to Landlord any costs or expenses incurred by Landlord upon demand. Notwithstanding default in such payment the foregoing or anything in this Lease to the contrary, Tenant LANDLORD shall have no responsibility to perform or construct, any 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 remedies provided in the Premises, the Building or the Property existing as of the Commencement Date and (iii) for which Landlord has a right of reimbursement from othersArticle XXII hereof.

Appears in 1 contract

Samples: Lease (Satcon Technology Corp)

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